Legislature(2023 - 2024)ANCH LIO DENALI Rm

08/10/2023 02:00 PM House SELECT COMMITTEE ON LEGISLATIVE ETHICS

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Audio Topic
02:06:22 PM Start
02:31:07 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ PUBLIC COMMENT TELECONFERENCED
+ PLAN OF ACTION PENDING HIRE OF COMMITTEE TELECONFERENCED
ADMINISTRATOR
+ PUBLIC SESSION TELECONFERENCED
+ OTHER BUSINESS TELECONFERENCED
Meeting will be teleconferenced
Anchorage Only: 907-563-9085
Juneau Only: 907-586-9085
Outside Anchorage or Juneau: 1-844-586-9085
                 ALASKA STATE LEGISLATURE                                                                                     
          SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                              
                      AUGUST 10, 2023                                                                                           
                          2:00 PM                                                                                               
                                                                                                                              
                      FULL COMMITTEE                                                                                          
                                                                                                                                
                                                                                                                              
2:03:22 PM                                                                                                                  
                                                                                                                                
                                                                                                                                
1. CALL THE MEETING TO ORDER                                                                                                
                                                                                                                                
Chair Skip  Cook called to  order the meeting of  the Select                                                                    
Committee on Legislative Ethics at 2:04 pm.                                                                                     
                                                                                                                                
Skip Cook directed Jacqui Yeagle to conduct roll call.                                                                          
                                                                                                                                
Roll call                                                                                                                     
Skip Cook                                                                                                                       
Conner Thomas                                                                                                                   
Joyce Anderson                                                                                                                  
Deb Fancher                                                                                                                     
Jerry McBeath                                                                                                                   
Representative DeLena Johnson                                                                                                   
Representative Sara Hannan                                                                                                      
                                                                                                                                
With two  legislators and five public  members online, there                                                                    
was a quorum to conduct business.                                                                                               
                                                                                                                                
Senator Gary Stevens announced that  he was in attendance by                                                                    
phone.                                                                                                                          
                                                                                                                                
Skip Cook  asked if there  were anyone other  than committee                                                                    
members online for the meeting. There was no response.                                                                          
                                                                                                                                
Others                                                                                                                        
Jacqui Yeagle                                                                                                                   
                                                                                                                                
Skip  Cook asked  committee members  to identify  themselves                                                                    
for the benefit of others when they speak.                                                                                      
                                                                                                                                
2. APPROVAL OF AGENDA (+)                                                                                                   
                                                                                                                              
Skip Cook  said the  meeting was expected  to last  about 30                                                                    
minutes,  then  he  entertained  a  motion  to  approve  the                                                                    
agenda.                                                                                                                         
                                                                                                                                
Jerry McBeath so moved. There were no objections. The                                                                           
agenda was approved.                                                                                                            
                                                                                                                                
2:06:17 PM                                                                                                                  
                                                                                                                                
3. PUBLIC COMMENT                                                                                                           
                                                                                                                              
Skip Cook entertained public comment. There was no public                                                                       
comment.                                                                                                                        
                                                                                                                                
2:06:30 PM                                                                                                                  
                                                                                                                              
4. PLAN OF ACTION PENDING HIRE OF COMMITTEE ADMINISTRATOR                                                                   
   (+)                                                                                                                        
                                                                                                                              
Skip Cook opened discussion of the next agenda item.                                                                            
                                                                                                                                
Conner Thomas read Joyce Andersons narrative explaining                                                                         
her reason for requesting a leave of absence from the                                                                           
committee.                                                                                                                      
                                                                                                                                
     TEMPORARY LEAVE: Joyce M Anderson requests a formal                                                                      
     temporary leave of absence from serving as a member to                                                                     
     the Select committee on Legislative Ethics beginning                                                                       
     Monday, July 17, 2023, through October 31, 2023.                                                                           
                                                                                                                                
     REASON: To serve as Acting Ethics Administrator during                                                                   
     this period of transition to fill the position of                                                                          
     Ethics Administrator.                                                                                                      
                                                                                                                                
     STATUTORY RESTRICTIONS: AS 24.60.120(f) states, "The                                                                     
     committee may contract for professional services and                                                                       
     may employ staff as it considers necessary. A                                                                              
     committee employee, including a person who provides                                                                        
     personal services under a contract with the committee,                                                                     
     may not be a legislator, an elected or appointed                                                                           
    official of state or local governmental entity, an                                                                          
     officer of a political party, a candidate for public                                                                       
     office, or a registered lobbyist. The legislative                                                                          
    council shall provide office space, equipment, and                                                                          
     additional staff support for the committee. The                                                                            
     committee shall submit a budget for each fiscal year                                                                       
     to the finance committees of the legislature and shall                                                                     
    annually submit an estimated budget to the governor                                                                         
     for information purposes in preparation of the state                                                                       
     operating budget. Public members of the committee                                                                          
     shall serve without compensation for their services,                                                                       
     but are entitled to per diem and travel expenses                                                                           
     authorized for board and commissions under AS                                                                              
     39.20.180.                                                                                                                 
                                                                                                                                
     ADDITIONAL INFORMATION: Brent Cole, our attorney, has                                                                    
    reviewed the above statute and stated the action we                                                                         
     are taking, a temporary leave of absence, is                                                                               
     sufficient to meet the restrictions outlined.                                                                              
                                                                                                                                
     ACTION NEEDED: Motion to approve a "Temporary Leave of                                                                   
     Absence" for Joyce Anderson from serving as a member                                                                       
    of the Select Committee on Legislative Ethics from                                                                          
     July 17, 2023, through October 31, 2023.                                                                                   
                                                                                                                                
Skip Cook  commented on  the background  of the  request. At                                                                    
the last  committee meeting,  a transition  subcommittee was                                                                    
formed. The  subcommittee determined that the  time required                                                                    
to handle  ongoing office tasks  and the hiring  process was                                                                    
greater  than anticipated.  Skip Cook  said he  remembers in                                                                    
the past  the committee hired  Joyce Anderson as  an interim                                                                    
administrator   during  the   process   of   hiring  a   new                                                                    
administrator.  Joyce  Anderson   agreed  to  provide  those                                                                    
services to  the committee again but  statutorily could only                                                                    
do so if she  took a leave of absence as  a public member of                                                                    
the committee,  hence the request  for a temporary  leave of                                                                    
absence.                                                                                                                        
                                                                                                                                
Skip  Cook  entertained  questions   or  comments  from  the                                                                    
committee.                                                                                                                      
                                                                                                                                
Representative  Sara  Hannan  announced  that  Senator  Löki                                                                    
Tobin  had texted  her  saying that  she  was in  attendance                                                                    
online while traveling on a plane and she was on mute.                                                                          
                                                                                                                                
There were no  questions or comments regarding  the leave of                                                                    
absence request.                                                                                                                
                                                                                                                                
Skip Cook entertained  a motion to call a roll  call vote to                                                                    
grant  Joyce Anderson's  request  for a  temporary leave  of                                                                    
absence.                                                                                                                        
                                                                                                                                
Deb Fancher so moved.                                                                                                           
                                                                                                                                
Skip Cook  asked Jacqui Yeagle  to proceed with a  roll call                                                                    
vote.                                                                                                                           
                                                                                                                                
Roll call vote                                                                                                                
Jerry McBeath                 Yes                                                                                               
Deb Fancher                   Yes                                                                                               
Conner Thomas                 Yes                                                                                               
Skip Cook                     Yes                                                                                               
Representative Sara Hannan    Yes                                                                                               
Representative DeLena Johnson Yes                                                                                               
Senator Gary Stevens          Yes                                                                                               
Senator Löki Tobin            Yes                                                                                               
                                                                                                                                
Joyce Anderson abstained. The motion carried.                                                                                   
                                                                                                                                
Skip Cook said the committee  would vote on Joyce Anderson's                                                                    
contract,  which  will  be   drafted  by  Legislative  Legal                                                                    
according to  the terms the  committee submits to  them. The                                                                    
contract would run from July 17 until the end of October.                                                                       
                                                                                                                                
Skip Cook entertained a motion to approve a contract.                                                                           
                                                                                                                                
Jerry McBeath so moved.                                                                                                         
                                                                                                                                
Skip Cook  asked Jacqui Yeagle  to proceed with a  roll call                                                                    
vote on that question.                                                                                                          
                                                                                                                                
Roll call vote                                                                                                                
Senator Gary Stevens          Yes                                                                                               
Senator Löki Tobin            Yes                                                                                               
Representative DeLena Johnson Yes                                                                                               
Representative Sara Hannan    Yes                                                                                               
Skip Cook                     Yes                                                                                               
Conner Thomas                 Yes                                                                                               
Deb Fancher                   Yes                                                                                               
Jerry McBeath                 Yes                                                                                               
                                                                                                                                
The motion carried.                                                                                                             
                                                                                                                              
Joyce  Anderson brought  to the  committees  attention  that                                                                    
she  was  chair  of  the house  subcommittee  and  that  Deb                                                                    
Fancher as vice-chair would take over that role.                                                                                
                                                                                                                                
Skip  Cook said  that  if  a vice-chair  is  needed at  some                                                                    
point, the committee will address it.                                                                                           
                                                                                                                                
Skip  Cook asked  Joyce Anderson  to provide  a subcommittee                                                                    
report.                                                                                                                         
                                                                                                                                
Joyce Anderson  reported that  the subcommittee  met earlier                                                                    
that day.  The subcommittee  reviewed the criteria  and made                                                                    
revisions  to the  documents. Joyce  Anderson also  reported                                                                    
that the  job had  been posted on  Workplace Alaska,  and on                                                                    
the  National Conference  of State  Legislatures (NCSL)  and                                                                    
The Council  on Governmental  Ethics Laws  (COGEL) websites.                                                                    
There  are  currently  three applicants  interested  in  the                                                                    
position.                                                                                                                       
                                                                                                                                
Joyce Anderson continued,  saying the subcommittee finalized                                                                    
a timeline  and she will  include a copy  of it in  a future                                                                    
update   to  the   committee.   The  subcommittee   proposes                                                                    
presenting the  two final candidates  to the  full committee                                                                    
at  a meeting  on  September 29.  Senator  Gary Stevens  and                                                                    
Representative Sara  Hannan agreed to join  the subcommittee                                                                    
for candidate interviews.                                                                                                       
                                                                                                                                
Skip Cook thanked Joyce Anderson for her report.                                                                                
                                                                                                                                
5. PUBLIC SESSION                                                                                                           
                                                                                                                              
2:18:39 PM                                                                                                                  
                                                                                                                              
6. OTHER BUSINESS                                                                                                           
                                                                                                                              
Skip Cook moved to other  business. He said committee action                                                                    
was  needed to  approve  renewal of  two ongoing  contracts.                                                                    
Monique  Rapuzzi's  contract  had expired  on  December  31,                                                                    
2022, and  it needed to  be extended  to June 30,  2024. The                                                                    
contract amount  was for  up to  $7,500 at  $115/Hour. There                                                                    
are no outstanding bills on the contract.                                                                                       
                                                                                                                                
Skip Cook entertained a motion  that the Select Committee on                                                                    
Legislative  Ethics amend  the July  25, 2022,  professional                                                                    
services contract  with Monique Rapuzzi dba  Monique Rapuzzi                                                                    
Case  Preparation and  Trial Assistance  to make  the Period                                                                    
and  Dates of  Performance retroactive  to January  1, 2023,                                                                    
and  extend the  termination  date to  June  30, 2024  [and]                                                                    
further  move that  the contract  amount be  increased to  a                                                                    
not-to-exceed total of $10,000.                                                                                                 
                                                                                                                                
Deb Fancher so moved.                                                                                                           
                                                                                                                                
Jerry McBeath  asked for confirmation the  contract would be                                                                    
for $10,000.                                                                                                                    
                                                                                                                                
Skip Cook replied affirmatively.                                                                                                
                                                                                                                                
Representative  Sara  Hannan  asked if  the  contract  under                                                                    
discussion  would  cover expenses  between  the  end of  the                                                                    
contract in December and the start of this fiscal year.                                                                         
                                                                                                                                
Skip  Cook  said the  contract  is  to extend  the  contract                                                                    
retroactively and  increase the amount to  $10,000, probably                                                                    
to cover [costs] for a 1 years rather than for one year.                                                                        
                                                                                                                                
Representative  Sara  Hannan  said  she did  not  think  the                                                                    
contract should  begin on  July 1, 2023,  in case  there are                                                                    
outstanding bills  from the time period  between January and                                                                    
June. She  wondered if the  contract should be for  the time                                                                    
period January 1, 2023, to [June] 30, 2024.                                                                                     
                                                                                                                                
Skip Cook replied that the  dates Representative Sara Hannan                                                                    
mentioned are the dates of the contract.                                                                                        
                                                                                                                                
Representative Sara  Hannan said  she thought she  had heard                                                                    
differently.                                                                                                                    
                                                                                                                                
Skip Cook said  the contract refers to  it being retroactive                                                                    
to January 1,  2023, and to extend the contract  to June 30,                                                                    
2024.                                                                                                                           
                                                                                                                                
Joyce Anderson conducted a roll call vote on the question.                                                                      
                                                                                                                              
Roll call vote                                                                                                                
Senator Löki Tobin                 Yes                                                                                          
Representative DeLena Johnson      Yes                                                                                          
Representative Sara Hannan         Yes                                                                                          
Deb Fancher                        Yes                                                                                          
Jerry McBeath                      Yes                                                                                          
Conner Thomas                      Yes                                                                                          
Skip Cook                          Yes                                                                                          
                                                                                                                                
The vote was 7-0 in favor of amending the contract.                                                                             
                                                                                                                                
2:25:20 PM                                                                                                                  
                                                                                                                                
Skip  Cook directed  the committee  to  review the  contract                                                                    
with outside  attorney Brent Cole,  which would  run through                                                                    
June  30,  2024.  There  are no  outstanding  bills  on  the                                                                    
contract.                                                                                                                       
                                                                                                                                
Joyce  Anderson  explained  the  committee  had  approved  a                                                                    
contract with  Brent Cole  for the  period January  1, 2023,                                                                    
and June 30,  2023. However, the contract was  not signed by                                                                    
all parties. Brent  Cole was paid for a  couple of invoices.                                                                    
The contract  needs to retroactively  cover that  period and                                                                    
approve the contract to June 30, 2024.                                                                                          
                                                                                                                                
Skip Cook asked if the rate would still be $225/hr.                                                                             
                                                                                                                                
Joyce Anderson replied that it would.                                                                                           
                                                                                                                                
Skip Cook entertained a motion  that the Select Committee on                                                                    
Legislative Ethics  amend the June 17,  2022, legal services                                                                    
contract with  Law Office of  Brent Cole, P.C., to  make the                                                                    
Period and  Dates of Performance  retroactive to  January 1,                                                                    
2023,  and extend  the termination  date to  June 30,  2024,                                                                    
[and] further move that the  contract amount be increased to                                                                    
a not-to-exceed total of $15,000.                                                                                               
                                                                                                                                
Jerry McBeath so moved.                                                                                                         
                                                                                                                                
Skip Cook  directed Joyce  Anderson to  conduct a  roll call                                                                    
vote.                                                                                                                           
                                                                                                                                
Roll call vote                                                                                                                
Representative DeLena Johnson Yes                                                                                               
Representative Sara Hannan    Yes                                                                                               
Senator Löki Tobin            Yes                                                                                               
Deb Fancher                   Yes                                                                                               
Jerry McBeath                 Yes                                                                                               
Conner Thomas                 Yes                                                                                               
Skip Cook                     Yes                                                                                               
                                                                                                                                
The committee voted 7-0 in favor of the contract.                                                                               
                                                                                                                                
2:29:01 PM                                                                                                                  
                                                                                                                                
Skip Cook welcomed Joyce Anderson as acting administrator.                                                                      
                                                                                                                                
Skip Cook entertained other business or comments.                                                                               
                                                                                                                                
Joyce Anderson said  the ethics office would  be sending out                                                                    
a  newsletter  letting the  legislature  know  that she  had                                                                    
assumed  the  role  of acting  administrator  and  that  the                                                                    
position had  been posted,  asking them  to include  the job                                                                    
posting  information in  their  newsletters. The  newsletter                                                                    
will also address the need for an alternate public member.                                                                      
                                                                                                                                
Skip Cook thanked Joyce Anderson.                                                                                               
                                                                                                                              
7. ADJOURN                                                                                                                  
                                                                                                                                
Skip Cook entertained a motion to adjourn.                                                                                      
                                                                                                                                
Deb Fancher so moved. There were no objections.                                                                                 
                                                                                                                                
The meeting was adjourned.                                                                                                      
                                                                                                                                
2:31:07 PM                                                                                                                  
                                                                                                                                
                                                                                                                              
ADJOURN:                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
Ethics Committee meeting packet.pdf JETH 8/10/2023 2:00:00 PM