Legislature(2023 - 2024)ANCH LIO DENALI Rm

09/29/2023 09:00 AM House SELECT COMMITTEE ON LEGISLATIVE ETHICS

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Audio Topic
09:05:10 AM Start
12:58:55 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 1. PUBLIC COMMENT TELECONFERENCED
+ 2. CHAIR/STAFF REPORT TELECONFERENCED
a. Management Log- Informal Advice Staff Report
b. Ethics Disclosures
c. Internship Approval
+ 3. STATE BENEFIT AND LOAN PROGRAM REVIEW TELECONFERENCED
+ 4. REVIEW OF RULES AND PROCEDURE TELECONFERENCED
a. Section 9 Informal Advice
b. Section 2(f) Administrative Policies
+ 5. ETHICS TRAINING UPDATE TELECONFERENCED
+ 6. COGEL ANNUAL CONFERENCE TELECONFERENCED
+ 7. COMPLAINT H 12-07 FINE PAYMENT UPDATE TELECONFERENCED
8. EXECUTIVE SESSION
+ 9. PUBLIC SESSION TELECONFERENCED
+ 10. OTHER BUSINESS TELECONFERENCED
Meeting will be Teleconferenced
Anchorage Only: 907-536-9085
Juneau Only: 907-586-9085
Outside Anchorage or Juneau: 1-844-586-9085
                                                                                                                              
                 ALASKA STATE LEGISLATURE                                                                                     
          SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                              
                    SEPTEMBER 29, 2023                                                                                        
                          9:00 AM                                                                                             
                                                                                                                              
              FULL COMMITTEE MEETING MINUTES                                                                                  
                                                                                                                              
                                                                                                                              
9:05:10 AM                                                                                                                  
                                                                                                                              
1. CALL THE MEETING TO ORDER                                                                                                
                                                                                                                              
Chair Skip Cook called to order the meeting of the Select                                                                     
Committee on Legislative Ethics at 9:05 AM.                                                                                   
                                                                                                                              
Joyce Anderson conducted roll call.                                                                                           
                                                                                                                              
Roll call                                                                                                                     
Senator David Wilson (alt for Sen Gary Stevens)                                                                               
Senator Löki Tobin                                                                                                            
Representative Andy Josephson (alt for Rep Sara Hannan)                                                                       
Conner Thomas                                                                                                                 
Jerry McBeath                                                                                                                 
Deb Fancher                                                                                                                   
Skip Cook                                                                                                                     
Representative DeLena Johnson (telephonic)                                                                                    
                                                                                                                              
Quorum present.                                                                                                               
                                                                                                                              
Skip  Cook  reminded  the committee  to  identify  themselves                                                                 
before speaking  for the  benefit of  listeners. He  said the                                                                 
meeting  was expected  to last  two to three  hours, with  an                                                                 
executive session.                                                                                                            
                                                                                                                              
9:06 AM                                                                                                                       
                                                                                                                              
2. APPROVAL OF AGENDA (+)                                                                                                   
                                                                                                                              
Skip Cook announced there was a change in the agenda,                                                                         
moving item 10 to the executive session. He entertained a                                                                     
motion to approve item to the executive session.                                                                              
                                                                                                                              
Jerry McBeath so moved.                                                                                                       
                                                                                                                              
                                                                                                                              
Skip Cook entertained a motion to approve the approve full                                                                    
committee agenda as amended. Deb Fancher so moved. Hearing                                                                    
no objections, the motions passed.                                                                                            
                                                                                                                              
9:07 AM                                                                                                                       
                                                                                                                              
3. APPROVAL OF MINUTES                                                                                                      
                                                                                                                              
Skip Cook suggested, given the number of minutes needing                                                                      
approval, the committee approve all of the minutes as                                                                         
presented unless there was an objection.                                                                                      
                                                                                                                              
Jerry McBeath moved to approve the minutes of October 13,                                                                     
2022; January 19, 2023; March 9, 2023; June 12, 2023; July                                                                    
12; and August 10, 2023.                                                                                                      
                                                                                                                              
Joyce Anderson recommended adding to the motion the Senate                                                                    
Subcommittee meeting minutes of January 19, 2023.                                                                             
                                                                                                                              
Skip Cook asked if there were objections to the motion to                                                                     
approve the minutes. Hearing none, the minutes were                                                                           
approved.                                                                                                                     
                                                                                                                              
9:08 AM                                                                                                                       
                                                                                                                              
4. PUBLIC COMMENT                                                                                                           
                                                                                                                              
Skip Cook entertained public comment. There was no public                                                                     
comment.                                                                                                                      
                                                                                                                              
5. CHAIR/STAFF REPORT                                                                                                       
                                                                                                                              
   a. Management Log  Informal Advice Staff Report (+)                                                                      
                                                                                                                              
Skip Cook directed Joyce Anderson to speak to the Informal                                                                    
Advice Staff Report.                                                                                                          
                                                                                                                              
Joyce Anderson addressed the staff report of July 10, 2023,                                                                   
through September 21, 2023. She told the committee she had                                                                    
a couple of minor changes to the report.                                                                                      
 Page 2: The first sentence of the answer to the                                                                          
     question, May a legislator post pictures taken on a                                                                      
     legislative trip on his/her personal Facebook page for                                                                   
     his/her family and friends to see? should be, The                                                                        
     Ethics Act does not prohibit a legislator from posting                                                                   
    pictures taken on a legislative trip on a personal                                                                        
     Facebook page. Page 3: The last sentence in the answer to the                                                                           
     question, May a legislator promote a local block                                                                         
     party in his/her district on legislative social media,                                                                   
     via legislative email and in a legislative newsletter?                                                                   
     May the legislator also post on a personal email and                                                                     
     personal social media?" should be, A legislator may                                                                      
     also post the event on personal social media and email                                                                   
     as long as there is no legislative contact information                                                                   
     as well. Page 4: The second to the last sentence of the last                                                                      
     question should be," There is a bill directly related                                                                    
     to the subject matter of  the state department meeting                                                                   
     which is before the committee  the legislator chairs.                                                                    
                                                                                                                              
Joyce Anderson entertained questions.                                                                                         
                                                                                                                              
Conner Thomas asked the identity of the "entity" referred                                                                     
to in the first question:  Received  a question asking if an                                                                  
entity that provides collateral  for some state loans falls                                                                   
under the State Benefit and Loan annual review of loans                                                                       
available to legislators and legislative staff.                                                                               
                                                                                                                              
Joyce Anderson responded there is an organization that                                                                        
provides collateral for some state loans.                                                                                     
                                                                                                                              
Conner Thomas asked if it was a state entity.                                                                                 
                                                                                                                              
Joyce Anderson responded that the entity is not a state                                                                       
entity. She suggested revising the answer to include the                                                                      
phrase, non-state entity.                                                                                                     
                                                                                                                              
Jerry McBeath said he had a couple of questions. He asked                                                                     
if the campaign referred to in the question, May a                                                                            
legislative office issue a daily news clip with nationwide                                                                    
and local articles addressing a variety of issues,                                                                            
including those of a campaign nature?is the campaign of                                                                       
the legislator posting the news articles?                                                                                     
                                                                                                                              
Joyce Anderson explained the legislative office in question                                                                   
compiles a list of news articles from national and local                                                                      
newspapers. The list is sent to a group of people who have                                                                    
requested the list. The inquiry received by the Ethics                                                                        
Office was about the appropriateness of including an                                                                          
article in the list that related to Donald Trumps                                                                             
campaign. Joyce Anderson reported that after conducting                                                                       
research into the question, she determined that the                                                                           
individual receiving the list has the option or not to read                                                                   
the article. The list of articles is informational only.                                                                      
                                                                                                                              
Jerry McBeath asked if there was any filter used to focus                                                                     
on or exclude a particular legislators campaign.                                                                              
                                                                                                                              
Joyce Anderson agreed that was a good question, but she had                                                                   
not pursued it. She asked the  committee if they had advice                                                                   
about the compilation of the list  for her to share with the                                                                  
legislative office next year, a campaign year.                                                                                
                                                                                                                              
Senator Löki Tobin offered that receiving the list is                                                                         
voluntary. The list of news articles  is compiled as a                                                                        
service to a caucus. Information also comes from third                                                                        
party systems, using AI, to produce the list. Selecting the                                                                   
articles that are included in the list may involve the                                                                        
ability to write code and other specialized knowledge.                                                                        
                                                                                                                              
Jerry McBeath asked, given the current political                                                                              
polarization, if it is possible for the legislator to use                                                                     
AI to exclude Trump campaign articles or comments.                                                                            
                                                                                                                              
Senator Löki Tobin explained that no legislator has input                                                                     
into what is included or not included in the production of                                                                    
the list. It is compiled by staff, possibly assisted by                                                                       
third party systems.                                                                                                          
                                                                                                                              
Joyce Anderson asked Jerry McBeath if he had another                                                                          
question.                                                                                                                     
                                                                                                                              
9:16 AM                                                                                                                       
                                                                                                                              
Jerry McBeath addressed question 3 on page 2: May a                                                                           
legislator host a public event during the interim to                                                                          
promote a legislative bill and also invite a 501(c)(3)                                                                        
organization to raise awareness of the subject matter of                                                                      
the bill? Additionally, may the legislator ask for                                                                            
donations from the attendees to help pay for the 501(c)(3)                                                                    
organization's travel expenses?                                                                                               
                                                                                                                              
Jerry McBeath opined it was an important question about a                                                                     
legislator's behavior and activities  regarding nonprofit                                                                     
organizations. He stated that the sentence in the answer,                                                                     
 However, since donations to a non-profit organization are                                                                    
tax deductible, suggested the legislator ask attendees if                                                                     
they wanted to contribute to the "cause" of the non-profit                                                                    
organization raised flags for him. He asked for                                                                               
confirmation that nonprofits may engage in some political                                                                     
activity.                                                                                                                     
                                                                                                                              
Joyce Anderson replied that she was not familiar enough                                                                       
with nonprofit organizations to answer that.                                                                                  
                                                                                                                              
Senator David Wilson asserted that nonprofit organizations                                                                    
may take a position on ballot initiatives but not on                                                                          
candidates.                                                                                                                   
                                                                                                                              
Jerry McBeath asked if nonprofit organizations are                                                                            
restricted [from political activity] to a percentage of                                                                       
their time.                                                                                                                   
                                                                                                                              
Senator Löki Tobin said nonprofit organizations can                                                                           
participate in political activity up to 25% of their time.                                                                    
                                                                                                                              
Jerry McBeath indicated he understood that nonprofit                                                                          
organizations may participate in political activity, but                                                                      
the activity is limited. He explained  that his particular                                                                    
concern was with nonprofit organizations  with a national                                                                     
affiliation taking positions on controversial issues.                                                                         
                                                                                                                              
Joyce Anderson said the nonprofit in question was set up                                                                      
specifically to prevent child trafficking. The legislator                                                                     
wanted to know if they could ask if anyone wanted to                                                                          
contribute to their travel expenses. She told the                                                                             
legislator that was not a good idea and suggested perhaps                                                                     
the nonprofit could ask for donations to the cause or to                                                                      
the organization and the organization could decide how they                                                                   
wanted to use the funds.                                                                                                      
                                                                                                                              
Jerry McBeath said he appreciated Joyce Anderson's                                                                            
attention to the question, and he wondered if the committee                                                                   
was comfortable with the answer.                                                                                              
                                                                                                                              
Joyce Anderson entertained further discussion about the                                                                       
answer.                                                                                                                       
                                                                                                                              
9:22 AM                                                                                                                       
                                                                                                                              
Skip Cook wondered if the answer applied generally, or if                                                                     
it was specific to this question.                                                                                             
                                                                                                                              
Joyce Anderson said she removes identifying information and                                                                   
that makes the advice apply generally. She asked for                                                                          
direction from the committee.                                                                                                 
                                                                                                                              
Jerry McBeath replied that he wouldnt answer yes to the                                                                       
first question, [May a legislator host a public event                                                                         
during the interim to promote a legislative bill and also                                                                     
invite a 501(c)(3) organization to raise awareness of the                                                                     
subject matter of the bill?] because doing so seems to                                                                        
align with particular interests, whatever that cause may                                                                      
be.                                                                                                                           
                                                                                                                              
Joyce Anderson replied that [child trafficking] was the                                                                       
subject matter of the bill.                                                                                                   
                                                                                                                              
Conner Thomas stated he did not find the answer to the                                                                        
question objectionable because the presentation was about a                                                                   
particular bill. He agreed perhaps the answer could include                                                                   
more clarifying language.                                                                                                     
                                                                                                                              
Joyce Anderson referred to the question about a legislator                                                                    
using the Legislative Information Office for a meeting                                                                        
about a bill hosted by a state department. In her response,                                                                   
she said that she had no control over what the LIO allows                                                                     
but she saw no reason the legislator and an organization                                                                      
could not work together to address a particular bill.                                                                         
                                                                                                                              
Jerry McBeath asked if the same advice would apply                                                                            
regardless of the organization.                                                                                               
                                                                                                                              
Deb Fancher said the advice should apply to any bill and a                                                                    
related organization.                                                                                                         
                                                                                                                              
Joyce Anderson asked the legislators to comment.                                                                              
                                                                                                                              
Representative Andy Josephson asked whether the                                                                               
hypothetical meeting was to be held in an LIO.                                                                                
                                                                                                                              
Joyce Anderson replied that it was not.                                                                                       
                                                                                                                              
Representative Andy Josephson said the answer seemed                                                                          
straightforward and he had no issue with it, but he                                                                           
wondered about the distinction between a nonprofits travel                                                                    
expenses and other general expenses. He suggested that                                                                        
question may need some clarification.                                                                                         
                                                                                                                              
Senator David Wilson stated that Representative Johnson was                                                                   
online.                                                                                                                       
                                                                                                                              
Senator David Wilson said he agreed with Representative                                                                       
Andy Josephson that hosting the meeting was within the                                                                        
legislators rights. The meeting was during the interim and                                                                    
no state resources were used. He indicated he might think                                                                     
differently depending on whether the request for travel                                                                       
expenses was intended for the legislators expenses or                                                                         
compensation or if it was intended for the general purposes                                                                   
of the nonprofit organization.                                                                                                
                                                                                                                              
Joyce Anderson replied she understood that the expenses                                                                       
under discussion were those of the organization.                                                                              
                                                                                                                              
Senator Löki Tobin said it is helpful to hear from                                                                            
organizations that may be impacted by legislation, and the                                                                    
answer seems to align with current practices.                                                                                 
                                                                                                                              
9:29 AM                                                                                                                       
                                                                                                                              
Skip Cook asked if current practice includes the legislator                                                                   
requesting donations for travel to get them there.                                                                            
                                                                                                                              
Senator Löki Tobin responded that she has not done so.                                                                        
                                                                                                                              
Skip Cook said it seems like the organization could ask for                                                                   
their own travel expenses rather than the legislator asking                                                                   
for them.                                                                                                                     
                                                                                                                              
Senator Löki Tobin replied that it is very much in                                                                            
alignment with what nonprofit organizations do  ask for                                                                       
resources to support their endeavors.                                                                                         
                                                                                                                              
Jerry McBeath agreed that legislators have first amendment                                                                    
rights, but first amendment rights have their limitations.                                                                    
In this context, words to the  effect that says information                                                                   
of the broader public on an issue  [indecipherable] puts it                                                                   
in a different frame than what the limits on legislators                                                                      
are.                                                                                                                          
                                                                                                                              
Joyce Anderson suggested she add  to the advice that the                                                                      
committee had discussed the question  and agreed that the                                                                     
nonprofit, rather than the legislator, should have asked                                                                      
for resources to would support their endeavors.                                                                               
                                                                                                                              
Jerry McBeath replied that he was agreeable to Joyce                                                                          
Anderson's suggestion.                                                                                                        
                                                                                                                              
Senator David Wilson raised concern  that legislators are                                                                     
asked by nonprofit organizations to participate in                                                                            
telethons, and he does not want to set precedent that would                                                                   
prohibit those fundraising activities.                                                                                        
                                                                                                                              
Joyce Anderson responded that the question specifically                                                                       
asked about soliciting travel  expenses. In her opinion,                                                                      
that is different than requesting support for an                                                                              
organization.                                                                                                                 
                                                                                                                              
Senator David Wilson thanked Joyce Anderson for the                                                                           
clarification.                                                                                                                
                                                                                                                              
Skip Cook added that he sees a difference because the                                                                         
legislator is organizing the event and asking.                                                                                
                                                                                                                              
Joyce Anderson said she would  add to the advice that the                                                                     
answer specifically relates to asking for travel expenses.                                                                    
                                                                                                                              
Representative Andy Josephson asked that Joyce Anderson                                                                       
include in the answer the statute that prohibits the                                                                          
activity.                                                                                                                     
                                                                                                                              
Joyce Anderson referred to AS  24.60.030(a)(2), which says                                                                    
 A legislator or legislative employee  may not use public                                                                     
funds, facilities, equipment, services, or another                                                                            
government asset or resource for a non-legislative purpose,                                                                   
  or another person, which could be an organization. She                                                                      
added that she looked at the legislator as the government                                                                     
asset asking for funds for another person, the individuals                                                                    
from the organization attending the event rather than for                                                                     
the organization itself. She agreed to reference the                                                                          
statute in her advice.                                                                                                        
                                                                                                                              
Jerry McBeath referred to the second and third questions in                                                                   
the Gifts section on page 3 of the staff report: May a                                                                        
legislator be part of an auction where they are auctioning                                                                    
themselves for coffee, bike trip  or pack raft trip? And:                                                                     
May a legislator accept help from a for-profit organization                                                                   
to pay for a legislative trip out of the country?                                                                             
                                                                                                                              
Jerry McBeath said that the answer  to the first question                                                                     
was clear about a legislator not  receiving a gift from a                                                                     
lobbyist or an immediate family  member of a lobbyist. He                                                                     
conjectured that the lobbyist referred to in the answer is                                                                    
a registered lobbyist. His concern was about non lobbyist                                                                     
advocates, those who are not registered  as lobbyists. He                                                                     
stated it would be ok for advocates not registered as a                                                                       
lobbyist to bid at the auction for time with the                                                                              
legislator.                                                                                                                   
                                                                                                                              
Joyce Anderson said that the definition  of a lobbyist is                                                                     
not under the Ethics Act. It is  under APOC [Alaska Public                                                                    
Offices Commission] statutes and it includes other types of                                                                   
lobbyists [as well as registered lobbyists].                                                                                  
                                                                                                                              
9:40                                                                                                                          
                                                                                                                              
Joyce Anderson located the definition of a lobbyist [AS                                                                       
24.45.171(11): "lobbyist" means  a person who is employed                                                                     
and receives payments, or who contracts for economic                                                                          
consideration, including reimbursement for reasonable                                                                         
travel and living expenses, to communicate directly or                                                                        
through the person's agents with  any public official for                                                                     
the purpose of influencing legislation  or administrative                                                                     
action for more than 10 hours  in any 30-day period in one                                                                    
calendar year; or  represents oneself as engaging in the                                                                    
influencing of legislative or  administrative action as a                                                                     
business, occupation, or profession.                                                                                          
                                                                                                                              
So, Joyce Anderson continued there are registered lobbyists                                                                   
who receive payments and there  are lobbyists who represent                                                                   
themselves as engaging in the  influencing of legislative or                                                                  
administrative action.                                                                                                        
                                                                                                                              
Jerry McBeath said that as a professor he frequently                                                                          
lobbied the State Legislature. He asserted he would not fit                                                                   
into either of the lobbyist categories because it was not                                                                     
his business. The definition of a lobbyist has changed over                                                                   
the years, there was one period when they were required to                                                                    
register when doing advocacy work.                                                                                            
                                                                                                                              
Joyce Anderson offered to add  to the section that APOC be                                                                    
contacted to determine exactly what is a lobbyist.                                                                            
                                                                                                                              
Jerry McBeath agreed that a reference to APOC would be                                                                        
appropriate.                                                                                                                  
                                                                                                                              
Turning to the second question,  which was not answered in                                                                    
the staff report, May a legislator accept help from a for-                                                                    
profit organization to pay for  a legislative trip out of                                                                     
the country?, Jerry McBeath submitted that the answer                                                                         
would be no.                                                                                                                  
                                                                                                                              
Joyce Anderson said she didnt answer the question because                                                                     
she needed more information and the legislator decided not                                                                    
to go.                                                                                                                        
                                                                                                                              
Jerry McBeath replied that may have been the correct action                                                                   
but again submitted that the message should be no.                                                                            
                                                                                                                              
Joyce Anderson explained she tries to get all the                                                                             
information she can before answering a question. Recently,                                                                    
someone used the word, support, in a question and she                                                                         
asked what the questioner mean by support. She asked the                                                                      
committee for comments.                                                                                                       
                                                                                                                              
Senator David Wilson said that the legislatures trade                                                                         
associations, like NCSL or CSG, pay for educational                                                                           
conferences abroad. He thinks the answer would depend on                                                                      
the legislative purpose of the travel.                                                                                        
                                                                                                                              
Joyce Anderson stated she would make the recommended                                                                          
changes to the informal advice and report back to the                                                                         
committee for review.                                                                                                         
                                                                                                                              
Conner Thomas said he had an additional question about the                                                                    
next question on page 3: What are the requirements if a                                                                       
legislative employee rents from a lobbyist? He asked if                                                                       
disclosure was required. If so, that should be included in                                                                    
the advice.                                                                                                                   
                                                                                                                              
Joyce Anderson replied that she looked at the question from                                                                   
a gift perspective.                                                                                                           
                                                                                                                              
Deb Fancher stated she was almost certain disclosure is a                                                                     
requirement.                                                                                                                  
                                                                                                                              
Joyce Anderson said she would include that information in                                                                     
the answer.                                                                                                                   
                                                                                                                              
Representative Andy Josephson asked if informal advice has                                                                    
the weight of a [formal] advisory opinion.                                                                                    
                                                                                                                              
Joyce Anderson replied that they did not.                                                                                     
                                                                                                                              
Representative Andy Josephson asked if a person could use                                                                     
the informal advice defensively.                                                                                              
                                                                                                                              
                                                                                                                              
Joyce Anderson said that informal advice comes from the                                                                       
ethics office. It is not binding on the committee, but it                                                                     
does carry weight.                                                                                                            
                                                                                                                              
Skip Cook added that bringing the informal advice to the                                                                      
committee at a committee meeting ensures committee review                                                                     
of the advice.                                                                                                                
                                                                                                                              
Jerry McBeath asked if it would be useful to have a list of                                                                   
informal advice by subject, like the list of formal                                                                           
advisory opinions.                                                                                                            
                                                                                                                              
Joyce Anderson responded there is a searchable database in                                                                    
the office in which all the pertinent details of the                                                                          
informal advice are retained for reference.                                                                                   
                                                                                                                              
Skip Cook directed attention back to the auction question.                                                                    
He asked how the money raised  is used. Can legislators                                                                       
auction themselves off as part  of a campaign for office                                                                      
without violating any ethics laws?  Or does the question                                                                      
refer to a nonprofit auction?                                                                                                 
                                                                                                                              
Joyce Anderson replied it was a nonprofit and she will add                                                                    
that to the advice.                                                                                                           
                                                                                                                              
Skip Cook also said to amend the question to reference that                                                                   
the nonprofit is auctioning off the legislator, not the                                                                       
legislator.                                                                                                                   
                                                                                                                              
Joyce Anderson thanked the committee for their comments                                                                       
about the informal advice.                                                                                                    
                                                                                                                              
9:51:35 AM                                                                                                                  
                                                                                                                              
     b. Ethics Disclosures (+)                                                                                              
                                                                                                                              
Joyce Anderson introduced a report of the disclosures                                                                         
submitted to the Ethics Office from January 1 through                                                                         
September 15, 2023. She explained that the disclosures are                                                                    
broken down by filer type and disclosure type. Filer type                                                                     
is determined by whether the filer  is a Senate legislator                                                                    
or staff, a House legislator or staff, or other staff, such                                                                   
as Legislative Budget and Audit. There has been a total of: 171 board membership disclosures 12 state benefit and loan program disclosures 7 state contracts, leases, or grants disclosures 40 close economic association disclosures 1 disclosure of a close economic association with a                                                                      
     lobbyist 93 gifts of travel disclosures 5 disclosures of gifts of travel for family members 6 sanctioned charity event disclosures 1 disclosure of a gift of a sanctioned charity event                                                                      
     for family member and 4 disclosures of gifts of legal services.                                                                            
                                                                                                                              
Comparing the total number of disclosures submitted so far                                                                    
this year and all of 2022, there  are 154 senate disclosures                                                                  
in 2023, 150 total in 2022; there  are 135 house disclosures                                                                  
in 2023, 182 total in 2022; and 51 joint disclosures in                                                                       
2023, 62 total in 2022. Total number of disclosures                                                                           
submitted so far in 2023 is 340. There were 394 disclosures                                                                   
submitted in 2022.                                                                                                            
                                                                                                                              
Senator L?ki Tobin commented that she remembered there was                                                                  
a dip in some of the board disclosures, notably board                                                                         
member disclosures, and that she is happy to see those                                                                        
numbers increasing, she enjoys when people participate in                                                                     
community service, and she is hopeful those numbers will                                                                      
continue to grow.                                                                                                             
                                                                                                                              
Joyce Anderson replied that disclosure reminders are often                                                                    
in the ethics committee newsletters, especially in the                                                                        
beginning of the year when annual disclosures need to be                                                                      
filed within 30 days.                                                                                                         
                                                                                                                              
Jerry McBeath surmised that committee members are not                                                                         
included in the numbers.                                                                                                      
                                                                                                                              
Joyce Anderson said they are included in the numbers.                                                                         
                                                                                                                              
Jerry McBeath said the report doesnt break the committee                                                                      
members out.                                                                                                                  
                                                                                                                              
Joyce Anderson replied that the committee is under joint                                                                      
disclosures. There is no separate category just for                                                                           
committee members.                                                                                                            
                                                                                                                              
9:55:40 AM                                                                                                                  
                                                                                                                              
     c. Internship Approval (+)                                                                                             
                                                                                                                              
Joyce Anderson said that she and Skip Cook approved an                                                                        
internship program through the University of Alaska                                                                           
Anchorage for work during the interim. The intern was                                                                         
placed in Representative Andrew Grays office. This is the                                                                     
first internship approved during  interim since 2014. There                                                                   
was an internship program approved  in 2021 during session.                                                                   
                                                                                                                              
Joyce Anderson said the University of Alaska in conjunction                                                                   
with the Legislative Council provides  interns during the                                                                     
legislative session. Statute requires other internship                                                                        
programs during session be approved through the ethics                                                                        
office as do all internship programs during interim.                                                                          
Internships were popular during  interim from 2009   2013                                                                     
and then the interest slacked.                                                                                                
                                                                                                                              
The ethics office is creating a new form for the sponsoring                                                                   
agency and a form for the legislative office to help                                                                          
facilitate the process. Currently,  the legislative office                                                                    
sends an email to the ethics office with the required                                                                         
information. The forms will be posted on the website.                                                                         
                                                                                                                              
Deb Fancher asked why the committee  approves internships.                                                                    
                                                                                                                              
Joyce Anderson said the reason  is that internships can be                                                                    
considered a gift to the legislator  because the intern is                                                                    
not being paid by the legislature.                                                                                            
                                                                                                                              
Jerry McBeath noted that the Ted Stevens [Legislative]                                                                        
Internship Program interns get a stipend.                                                                                     
                                                                                                                              
Joyce Anderson replied the [Ted Stevens Legislative                                                                           
Internship Program - administered by the University of                                                                        
Alaska in conjunction with the Legislative Council] is                                                                        
under a different statute and  the ethics committee is not                                                                    
involved.                                                                                                                     
                                                                                                                              
Jerry McBeath said that in his  experience as an educator,                                                                    
internship programs are a wonderful  experience. There are                                                                    
two classes of internships, the [Ted Stevens Legislative                                                                      
Internship Program] class and everything else.                                                                                
                                                                                                                              
Joyce Anderson replied that the internships approved                                                                          
through the ethics office are  also allowed stipends. The                                                                     
stipend is paid by someone other than the legislature. That                                                                   
is what makes hiring an intern a gift to the legislator.                                                                      
                                                                                                                              
Jerry McBeath concluded there is no difference between                                                                        
internships with stipends and those without stipends.                                                                         
                                                                                                                              
Joyce Anderson replied there was not.                                                                                         
                                                                                                                              
Jerry McBeath suggested there is also a travel issue.                                                                         
                                                                                                                              
Joyce Anderson agreed, saying if she remembers correctly,                                                                     
First Alaskans Institute pays  for travel so their interns                                                                    
could be there for session. Regardless,  it is considered a                                                                   
gift to a legislator.                                                                                                         
                                                                                                                              
Jerry McBeath inferred there was no restriction pertaining                                                                    
to time  during legislative session or during interim.                                                                        
                                                                                                                              
Joyce Anderson said it depends on what the university                                                                         
requires from the intern to earn credit.                                                                                      
                                                                                                                              
Jerry McBeath said he was not sure all universities provide                                                                   
credit for work during interim.                                                                                               
                                                                                                                              
Joyce Anderson explained that is one of the questions asked                                                                   
[in the application process]. Other information is also                                                                       
required from the university, such as the kind of report                                                                      
required from the intern upon completion of the internship                                                                    
program. Legislators are asked for other information                                                                          
including what hours the intern will work, the duties of                                                                      
the intern, and who will supervise the intern in the                                                                          
office.                                                                                                                       
                                                                                                                              
Jerry McBeath asked if there were partisan restrictions.                                                                      
                                                                                                                              
Joyce Anderson replied yes, there are restrictions. For                                                                       
instance, a lobbyist cannot work as an intern and as a                                                                        
lobbyist at the same time. The  intern cannot be from a                                                                       
political party; that would be  a conflict of interest.                                                                       
                                                                                                                              
10:04:15 AM                                                                                                                 
                                                                                                                              
6. STATE BENEFIT AND LOAN PROGRAM REVIEW (+)                                                                                
                                                                                                                              
Joyce Anderson addressed the required annual state benefit                                                                    
and loan program review. Each year, the ethics office is                                                                      
required to contact every state department that have state                                                                    
benefit or loan programs that  are issued on a discretionary                                                                  
basis, there is no fixed criteria. Included in the packet                                                                     
is an example of the letter sent  to the departments; a copy                                                                  
of the form the department is asked to use to report back                                                                     
to the ethics office; a copy of  the draft Appendix C, which                                                                  
will be included in the 2024 Standards  of Conduct handbook                                                                   
and posted on the website. Joyce Anderson was happy to                                                                        
report no changes to the 2024 list of programs.                                                                               
                                                                                                                              
Senator David Wilson noted there  is no longer a Department                                                                   
of Health and Social Services; we have a Department of                                                                        
Health and a Department of Family  and Community Services.                                                                    
                                                                                                                              
Joyce Anderson thanked Senator David Wilson for the                                                                           
correction.                                                                                                                   
                                                                                                                              
7. REVIEW OF RULES OF PROCEDURE                                                                                             
                                                                                                                              
     a. Section 9 Informal Advice (+)                                                                                       
                                                                                                                              
Joyce Anderson said the informal advice staff report                                                                          
contains the non-routine advice  given under AS 24.60.158 by                                                                  
the ethics administrator and administrative  assistant. The                                                                   
committee reviews the advice for  accuracy. She recommended                                                                   
to the committee a few changes  to the section of the Rules                                                                   
of Procedures that pertains to informal advice to provide                                                                     
consistency: 1) to officially call the report Informal                                                                        
Advice Staff Report;  2) that  the report be  presented at                                                                    
every full committee meeting unless  determined otherwise by                                                                  
the chair and administrator; and 3) direction that staff                                                                      
notifies/y the requester if advice  given has changed or if                                                                   
the committee determines a formal  binding advisory opinion                                                                   
is recommended. At any time, the requester may ask for a                                                                      
formal binding advisory opinion.                                                                                              
                                                                                                                              
Skip Cook entertained further discussion or a motion to                                                                       
approve the changes.                                                                                                          
                                                                                                                              
Conner Thomas so moved. There were no objections and the                                                                      
motion passed.                                                                                                                
                                                                                                                              
     b. Section 2(f) Administrative Policies (+)                                                                            
                                                                                                                              
Joyce Anderson directed committee  attention to the criteria                                                                  
for internship program approval.  The sponsoring agency must                                                                  
provide the purpose, the length of the program, and a                                                                         
description of the evaluation upon completion, the                                                                            
training, supervision, and duties of the intern. In the                                                                       
future, the requirements will be listed on a form.                                                                            
                                                                                                                              
[Representative DeLena Johnson entered the meeting.]                                                                          
                                                                                                                              
Joyce Anderson said the proposed changes were reviewed by                                                                     
the Senate President and the House Speaker. The Rules Chair                                                                   
is responsible for [hiring] personnel during session and                                                                      
the Senate President and the House Speaker during the                                                                         
interim. The proposed changes include direction to the                                                                        
ethics office to notify the appropriate leadership when an                                                                    
internship program is approved and provide the completed                                                                      
applications; to make the application forms available on                                                                      
the ethics website; to inform interns of the training                                                                         
requirement along with information about other sections of                                                                    
statute that apply to interns; to send a copy of the                                                                          
completed application and a letter to the legislative                                                                         
office indicating the approval of the internship program                                                                      
with the direction to contact the appropriate leadership to                                                                   
proceed with the internship; and to include in the January                                                                    
newsletter, The Advisor, information outlining the non-                                                                       
University of Alaska internship approval process.                                                                             
                                                                                                                              
Jerry McBeath asked how many interns are there or have been                                                                   
in this legislative session.                                                                                                  
                                                                                                                              
Joyce Anderson replied that each had only one.                                                                                
                                                                                                                              
Skip Cook entertained discussion or a motion to approve the                                                                   
changes as recommended to the Rules of Procedure.                                                                             
                                                                                                                              
Jerry McBeath so moved. There were no objections. The                                                                         
motion carried.                                                                                                               
                                                                                                                              
8. ETHICS TRAINING UPDATE                                                                                                   
                                                                                                                              
Joyce Anderson reported the January training is for new                                                                       
staff only. The National Conference of State Legislatures                                                                     
(NCSL) provides harassment prevention training via video.                                                                     
                                                                                                                              
                                                                                                                              
Skip Cook noted in the past the training had been over an                                                                     
hour, so the ethics training portion was shortened. Joyce                                                                     
Anderson will send a link to the committee for viewing.                                                                       
                                                                                                                              
Joyce Anderson reported Mark Quiner from NCLS will in                                                                         
person conduct a one-hour training on civility. That leaves                                                                   
a little over one hour for ethics training.                                                                                   
                                                                                                                              
Joyce Anderson reported Human Resources Manager Stacie                                                                        
Bentley was agreeable to increasing the number of hours of                                                                    
required training by one hour, a total of four hours.                                                                         
Training dates are Wednesday, January 10 through Friday,                                                                      
January 12. The committee will also probably meet on one of                                                                   
those days.                                                                                                                   
                                                                                                                              
10:20:01 AM                                                                                                                 
                                                                                                                              
9. COGEL (Council on Governmental Ethics Laws) ANNUAL                                                                       
   CONFERENCE (+)                                                                                                             
                                                                                                                              
Joyce Anderson reported the COGEL conference is December 3-                                                                   
6. Last year Skip Cook and Conner Thomas attended. She                                                                        
asked if they had comments about the conference.                                                                              
                                                                                                                              
Skip Cook said that the conference is a well-established                                                                      
conference attended by representatives from cities,                                                                           
counties, and states. There is also representation from                                                                       
Canada and occasionally from Mexico and other countries. He                                                                   
reported the conference is well worth attending.                                                                              
                                                                                                                              
Conner Thomas mentioned there are breakout sessions                                                                           
throughout the day on a variety of topics and there are a                                                                     
number of sessions relevant to the work of this committee.                                                                    
There are opportunities to learn about how other ethics                                                                       
committees operate as well as some of the issues they                                                                         
encounter.                                                                                                                    
                                                                                                                              
Representative DeLena Johnson said a lot of the conference                                                                    
is directed toward non-elected officials, there is always                                                                     
one session directed toward elected officials. She also                                                                       
recalled that conversations outside the planned sessions                                                                      
are also valuable.                                                                                                            
                                                                                                                              
Skip Cook noted that Alaska is rare in having both public                                                                     
and legislative members.                                                                                                      
                                                                                                                              
Joyce Anderson asked who might be interested in attending.                                                                    
She said early registration, which ends October 27, costs                                                                     
$600; the conference is $700 if you register after that                                                                       
date.                                                                                                                         
                                                                                                                              
Jerry McBeath, Deb Fancher, and Skip Cook indicated they                                                                      
were interested. Conner Thomas and Joyce Anderson said they                                                                   
would like to go but were willing  to wait and see first how                                                                  
many others want to go.                                                                                                       
                                                                                                                              
Joyce Anderson asked members to let her know by October 20                                                                    
if they want to attend the conference.                                                                                        
                                                                                                                              
Deb Fancher reminded Joyce Anderson that last year there                                                                      
were hotel issues and recommended getting the hotel                                                                           
reservations made as soon as possible.                                                                                        
                                                                                                                              
Senator L?ki Tobin said the COGEL conference is at the same                                                                 
time as the NCSL forecast followed by CSG. After attending                                                                    
a Western Interstate Compact for Higher Education (WICHE)                                                                     
conference in which they delved deeply into the ethics of                                                                     
AI. She highly recommended attendees consider attending the                                                                   
AI session at the conference.                                                                                                 
                                                                                                                              
10:27:02 AM                                                                                                                 
                                                                                                                              
10. Skip Cook stated that item had been moved into                                                                          
   executive session. He entertained a motion to go into                                                                      
   executive session.                                                                                                         
                                                                                                                              
Conner Thomas so moved. There were no objections. The                                                                         
committee moved into executive session.                                                                                       
                                                                                                                              
11. 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 which                                                                       
   would adversely affect the finances of a governmental                                                                        
  unit, and discussion of subjects that tend to prejudice                                                                       
   the reputation and character of a person.                                                                                  
                                                                                                                              
                                                                                                                              
                                                                                                                              
10:29:37 AM                                                                                                                 
                                                                                                                              
12. EXECUTIVE SESSION                                                                                                       
                                                                                                                              
12:53:59 PM                                                                                                                 
                                                                                                                              
13. PUBLIC SESSION                                                                                                          
                                                                                                                              
Skip Cook reconvened public session. He entertained a                                                                         
motion to authorize the chair of the committee to make an                                                                     
offer to the candidate approved by the committee for the                                                                      
ethics administrator position. If the candidate accepts the                                                                   
offer, the chair may hire the candidate at 22F, conditioned                                                                   
upon a probationary period ending June 30, 2024, with a                                                                       
full review at four months from the date of hire.                                                                             
                                                                                                                              
Jerry McBeath so moved.                                                                                                       
                                                                                                                              
Skip Cook directed Joyce Anderson to conduct a roll call                                                                      
vote.                                                                                                                         
                                                                                                                              
Roll Call                                                                                                                     
                                                                                                                              
Senator David Wilson                Yes                                                                                       
Senator L?ki Tobin                  Yes                                                                                     
Representative DeLena Johnson       Yes                                                                                       
Representative Andy Josephson       Yes                                                                                       
Conner Thomas                       Yes                                                                                       
Jerry McBeath                       Yes                                                                                       
Skip Cook                           Yes                                                                                       
                                                                                                                              
Deb Fancher was absent.                                                                                                       
                                                                                                                              
The motion carried.                                                                                                           
                                                                                                                              
Skip Cook entertained a motion to extend Joyce Anderson's                                                                     
consultant contract to February 29, 2024.                                                                                     
                                                                                                                              
Senator David Wilson so moved.                                                                                                
                                                                                                                              
Skip Cook directed Joyce Anderson to conduct a roll call                                                                      
vote.                                                                                                                         
                                                                                                                              
Roll Call                           Yes                                                                                       
Conner Thomas                       Yes                                                                                       
Jerry McBeath                       Yes                                                                                       
Representative Andy Josephson       Yes                                                                                       
Senator L?ki Tobin                  Yes                                                                                     
Senator David Wilson                Yes                                                                                       
Representative DeLena Johnson       Yes                                                                                       
Skip Cook                           Yes                                                                                       
                                                                                                                              
Deb Fancher was absent.                                                                                                       
                                                                                                                              
The motion carried.                                                                                                           
                                                                                                                              
12:57:30 PM                                                                                                                 
                                                                                                                              
14. OTHER BUSINESS                                                                                                          
                                                                                                                              
Joyce Anderson reported the suit filed by former Senator                                                                      
Lora Reinbold was dismissed by the court and the committee                                                                    
attorney has asked for reimbursement  of attorney fees of                                                                     
$7,969, which is twenty percent of the total cost of                                                                          
$1,539, which is what the committee would be awarded under                                                                    
ARCP 82(b)(2).                                                                                                                
                                                                                                                              
Conner Thomas asked the date of the dismissal.                                                                                
                                                                                                                              
Joyce Anderson replied that the dismissal was on July 17.                                                                     
                                                                                                                              
Skip Cook said the attorney was instructed to make the                                                                        
application for the fees.                                                                                                     
                                                                                                                              
Joyce Anderson said the paperwork was filed on August 25.                                                                     
She said she will keep the committee updated.                                                                                 
                                                                                                                              
15. ADJOURN                                                                                                                 
                                                                                                                              
Skip Cook entertained a motion to adjourn the meeting.                                                                        
                                                                                                                              
Senator L?ki Tobin so moved.                                                                                                
                                                                                                                              
The meeting was adjourned at 12:58 p.m.                                                                                       
                                                                                                                              
12:58:55 PM                                                                                                                 
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
                                                                                                                              
ADJOURN:                                                                                                                      

Document Name Date/Time Subjects
20230929 Full committee packet BASIS.pdf JETH 9/29/2023 9:00:00 AM