Legislature(2023 - 2024)ANCH LIO DENALI Rm

03/09/2023 11:00 AM House SELECT COMMITTEE ON LEGISLATIVE ETHICS

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Audio Topic
11:08:43 AM Start
01:11:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 1. PUBLIC COMMENT TELECONFERENCED
+ 2. ELECTION OF HOUSE SUBCOMMITTEE CHAIRS FOR TELECONFERENCED
2023-2024 (+)
3. EXECUTIVE SESSION
+ 4. PUBLIC SESSION TELECONFERENCED
+ 5. OTHER BUSINESS TELECONFERENCED
                 ALASKA STATE LEGISLATURE                                                                                     
          SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                              
                       MARCH 9, 2023                                                                                            
                         11:00 AM                                                                                               
                                                                                                                                
                      FULL COMMITTEE                                                                                          
                                                                                                                                
                                                                                                                                
11:08:43 AM                                                                                                                 
                                                                                                                                
1. CALL THE MEETING TO ORDER:                                                                                               
                                                                                                                                
Skip Cook called the meeting of the full Ethics Committee                                                                       
to order at 11:10 a.m., and he directed Jerry Anderson to                                                                       
conduct roll.                                                                                                                   
                                                                                                                                
Roll Call                                                                                                                     
                                                                                                                                
Senator David Wilson, Alt for Senator Stevens (telephonic)                                                                      
Senator Lki Tobin (telephonic)                                                                                                  
Representative DeLena Johnson (telephonic)                                                                                      
Representative Sara Hannan (telephonic)                                                                                         
Skip Cook                                                                                                                       
Conner Thomas (telephonic)                                                                                                      
Joyce Anderson (telephonic)                                                                                                     
Deb Fancher                                                                                                                     
Jerry McBeath (telephonic)                                                                                                      
                                                                                                                                
All present.                                                                                                                    
                                                                                                                                
Skip Cook asked if anyone was online telephonically.                                                                            
                                                                                                                                
Noah Klein announced that he was online.                                                                                        
                                                                                                                                
Kenneth Kirk, counsel for Representative David Eastman                                                                          
announced that he was online.                                                                                                   
                                                                                                                                
Representative David Eastman announced his presence online.                                                                     
                                                                                                                                
Others present.                                                                                                                 
                                                                                                                                
Jerry Anderson                                                                                                                  
Jacqui Yeagle                                                                                                                   
                                                                                                                                
Skip asked that committee members and others identify                                                                           
themselves before speaking for the benefit of other                                                                             
attendees and the audience.                                                                                                     
                                                                                                                                
Skip Cook stated that he expected the full committee                                                                            
meeting to last about 90 minutes.                                                                                               
                                                                                                                                
11:10:57 AM                                                                                                                 
                                                                                                                                
2. APPROVAL OF AGENDA                                                                                                       
                                                                                                                                
Skip Cook directed the committees attention to the agenda                                                                       
and entertained a motion for approval.                                                                                          
                                                                                                                                
Motion made by: Deb Fancher                                                                                                     
                                                                                                                                
There were no objections.                                                                                                       
                                                                                                                                
The agenda was approved.                                                                                                        
                                                                                                                                
11:11:57 AM                                                                                                                 
                                                                                                                                
3. PUBLIC COMMENT                                                                                                           
                                                                                                                                
Skip Cook invited public comment.                                                                                               
                                                                                                                                
Antonia Leonard said that she  had recently moved to the                                                                        
Eagle River area and was new to the legislative process.                                                                        
She acknowledged she was not sure of the purpose of the                                                                         
Ethics Committee meeting. She asked if the committee could                                                                      
speak to the ramifications of not following the                                                                                 
Constitution.                                                                                                                   
                                                                                                                                
Skip Cook replied that the committee could not speak to                                                                         
that question at this time.                                                                                                     
                                                                                                                                
Skip Cook moved to the next item on the agenda.                                                                                 
                                                                                                                                
11:14:10 AM                                                                                                                 
                                                                                                                                
4. ELECTION OF COMMITTEE CHAIRS FOR 2023-2024                                                                               
                                                                                                                              
Skip Cook opened nominations for House Subcommittee Chair                                                                       
and Vice-Chair positions.                                                                                                       
                                                                                                                                
Conner Thomas nominated Joyce Anderson to chair the House                                                                       
Subcommittee.                                                                                                                   
                                                                                                                                
Skip Cook asked if there were other nominations for the                                                                         
position. Hearing no other nominations, Skip Cook directed                                                                      
Jerry Anderson to conduct a roll call vote.                                                                                     
                                                                                                                                
Roll call vote                                                                                                                
                                                                                                                                
Skip Cook                                                                                                                       
Conner Thomas                                                                                                                   
Joyce Anderson                                                                                                                  
Deb Fancher                                                                                                                     
Jerry McBeath                                                                                                                   
Representative DeLena Johnson                                                                                                   
Representative Sara Hannan                                                                                                      
                                                                                                                                
The vote was 7-0 in favor of Joyce Anderson chairing the                                                                        
House Subcommittee.                                                                                                             
                                                                                                                                
Skip Cook opened nominations for Vice Chair of the House                                                                        
Subcommittee.                                                                                                                   
                                                                                                                                
Conner Thomas nominated Deb Fancher.                                                                                            
                                                                                                                                
Skip Cook asked if there were other nominations for the                                                                         
Vice Chair position. Hearing no  other nominations, Skip                                                                        
Cook directed Jerry Anderson to conduct a roll call vote.                                                                       
                                                                                                                                
Roll call vote                                                                                                                
                                                                                                                                
Conner Thomas                                                                                                                   
Joyce Anderson                                                                                                                  
Deb Fancher                                                                                                                     
Jerry McBeath                                                                                                                   
Skip Cook                                                                                                                       
Representative Sara Hannan                                                                                                      
Representative DeLena Johnson                                                                                                   
                                                                                                                                
The vote was 7-0 in favor of Deb Fancher serving as Vice-                                                                       
Chair of the House Subcommittee.                                                                                                
                                                                                                                                
11:16:36 AM                                                                                                                 
                                                                                                                                
Skip Cook directed the committee to the next item on the                                                                        
agenda: executive session.                                                                                                      
                                                                                                                              
5. Motion to go into EXECUTIVE SESSION to discuss matters                                                                   
   which by law must remain confidential under AS 24.60.160,                                                                    
   Uniform Rule 22(b) regarding executive sessions, and                                                                         
   Rules of Procedure Section 5: Executive Sessions and                                                                         
  discussion of matters, the immediate knowledge of would                                                                       
   adversely affect the finances of a governmental unit, and                                                                    
   discussion of subjects that tend to prejudice the                                                                            
   reputation and character of a person.                                                                                        
                                                                                                                                
Skip Cook entertained a motion to move into executive                                                                           
session.                                                                                                                      
                                                                                                                                
Deb Fancher so moved.                                                                                                           
                                                                                                                                
There were no objections.                                                                                                       
                                                                                                                                
Skip Cook announced a short recess while preparations for                                                                       
executive session were complete.                                                                                                
                                                                                                                                
11:17:31 AM                                                                                                                 
                                                                                                                                
6. EXECUTIVE SESSION                                                                                                        
                                                                                                                              
1:07:19 PM                                                                                                                  
                                                                                                                              
7. PUBLIC SESSION                                                                                                           
                                                                                                                                
Skip Cook announced that the committee was prepared to act                                                                      
on Advisory Opinion AO 23-01.                                                                                                   
                                                                                                                                
Jerry Anderson read from a brief summary of the advisory                                                                        
opinion:                                                                                                                        
                                                                                                                                
     The "immediate family" exception in AS 24.60.080(c)(5)                                                                     
     does not allow a gift worth $250 or more from the                                                                          
     spouse of the legislator's sibling.                                                                                        
                                                                                                                                
     The "legal services" exception in AS 24.60.080(c)(8)                                                                       
     does not include the purchase of future legal                                                                              
     services, or a third party contracting to provide a                                                                        
     legislator future legal services  for a legislator or                                                                      
     legislative employee for legal expenses on matters of                                                                      
     legislative concern.                                                                                                       
                                                                                                                                
     A gift of legal services may simultaneously be related                                                                     
     to a legislator's legislative status and offered for a                                                                     
     matter that is not of legislative concern.                                                                                 
                                                                                                                                
     The capacity in which a legislator is sued is not                                                                          
     determinative of whether a gift related to that                                                                            
     lawsuit is connected to the legislator's legislative                                                                       
     status.                                                                                                                    
                                                                                                                                
     A specific matter may be a matter of legislative                                                                           
     concern under the Ethics Act, despite an express                                                                           
    decision by Legislative Council not to intervene in                                                                         
     the matter.                                                                                                                
                                                                                                                                
    A matter addressing the responsibilities and proper                                                                         
     role of the houses of the  Legislature to judge the                                                                        
     "election and qualification"  of their members under                                                                       
     art. II, sec. 12 of the Alaska Constitution is a                                                                           
     matter of legislative concern.                                                                                             
                                                                                                                                
    The result in a specific matter does not determine                                                                          
     whether the matter is a matter of legislative concern.                                                                     
                                                                                                                                
     The exception in AS 24.60.080(a)(8) does not apply to                                                                      
     a legislator accepting cash gifts to cover the cost of                                                                     
     legal action both while a matter of legislative                                                                            
     concern is proceeding and after conclusion of the                                                                          
     matter.                                                                                                                    
                                                                                                                                
Skip Cook entertained a motion to concur with the draft                                                                         
advisory opinion as amended.                                                                                                    
                                                                                                                                
Representative Sara Hannan so moved.                                                                                            
                                                                                                                                
Skip Cook entertained objections. Hearing no objections,                                                                        
Skip Cook asked Jerry Anderson to conduct a roll call vote.                                                                     
                                                                                                                                
Roll call vote                                                                                                                
Skip Cook                                                                                                                       
Conner Thomas                                                                                                                   
Joyce Anderson                                                                                                                  
Deb Fancher                                                                                                                     
Jerry McBeath                                                                                                                   
Senator David Wilson                                                                                                            
Senator Lki Tobin                                                                                                               
Representative Sara Hannan                                                                                                      
                                                                                                                                
By a vote of 8-0, the committee adopted and concurred with                                                                      
Advisory Opinion AO 23-01.                                                                                                      
                                                                                                                                
8. OTHER BUSINESS                                                                                                           
                                                                                                                              
Skip Cook entertained other business.                                                                                         
                                                                                                                              
9. ADJOURN                                                                                                                  
                                                                                                                                
Hearing no other business, Skip Cook entertained a motion                                                                       
to adjourn the meeting.                                                                                                       
                                                                                                                                
Deb Fancher so moved.                                                                                                           
                                                                                                                                
Skip Cook entertained objections. There were no objections.                                                                     
The meeting adjourned.                                                                                                          
                                                                                                                                
1:11:18 PM                                                                                                                  
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
ADJOURN:                                                                                                                        
                                                                                                                              

Document Name Date/Time Subjects
20230309 Ethics Committee BASIS.pdf JETH 3/9/2023 11:00:00 AM