Legislature(1993 - 1994)
08/12/1993 10:15 AM House ETH
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
The Select Committee on Legislative Ethics
August 12, 1993
10:15 a.m.
MEMBERS PRESENT
Joseph Donahue, Chair
Ed Granger
Margie MacNeille
Shirley McCoy
Edith Vorderstrasse
Senator Jay Kerttula
Representative Brian Porter
Representative Jerry Mackie
Senator Drue Pearce: arrived 11:35 a.m.
1. CALL TO ORDER
The meeting was called to order at 10:15 a.m. by Chairman
Donahue in the Library/Conference Room on the 2nd Floor of
the Anchorage Legislative Information Office. Chairman
Donahue announced that Terry Cramer of LAA Legal Division
was on teleconference.
2. ADOPTION OF THE AGENDA
Senator Kerttula moved that the agenda remain open. Motion
adopted. Chairman Donahue announced that the committee
would attempt to complete it's business on August 12 and not
meet on August 13.
3. APPROVAL OF MINUTES OF JUNE 8, 1993
Senator Kerttula moved that the minutes of the June 8, 1993
meeting be adopted. Motion was adopted without objection.
Minutes Approved.
4. FINANCES
Chairman Donahue referenced the August 11, 1993 funding
update memo from LAA Administrative Services indicating a
need for additional funds for FY 94. Senator Kerttula moved
that the Chairman be authorized to write a funding request
letter to Legislative Council detailing the funds necessary
and that a copy of the funding request be sent to committee
members prior to transmittal to the Council. The motion
passed without objection.
Motion Adopted: Chairman authorized for FY 94 funding
request.
4. PUBLIC COMMENT
No public comment.
5. REPORT FROM THE CHAIR
a. STAFF REPORT: Chairman Donahue introduced Susan
Barnett, Ethics Committee Aide, and referenced a report
which summarizes the July-August operations and committee
administration.
b. PUBLICATION OF ADVISORY OPINIONS: The chairman
advised the committee that the semi-annual publication of
the advisory opinions would be accomplished as soon as
possible following this meeting and will include any
opinions issued today. Representative Porter inquired as to
whether the committee is required to publish all advisory
opinions. Terry Cramer stated that publication of opinions,
after all identifying information has been removed, is
required in the ethics code.
c. RECOMMENDATIONS FOR AMENDMENTS TO ETHICS CODE: The
chairman stated that committee members, staff and legal
counsel are maintaining lists of suggested changes to the
ethics law for eventual review by the committee.
d. LOAN REVIEW: Statue requires the committee to
annually publish a list of programs and loans, designating
which do not meet the standards set out in AS 24.60.050(a).
The chairman announced that the review will be initiated by
staff and then brought before the committee in draft form.
e. OPEN MEETINGS GUIDELINES: Statute requires the
committee to develop guidelines under the Open Meetings law.
The chairman appointed Margie MacNeille, Shirley McCoy,
Senator Pearce and Representative Mackie to the Open
Meetings subcommittee. In response to an inquiry from
Representative Porter, the chairman clarified that statute
does not impose a deadline on the committee for the
completion of guidelines. The committee discussed pending
legislative changes and court decisions which may affect
current law and whether the committee may wish to make
recommendations on current law.
Subcommittee Appointed: MacNeille,McCoy,Pearce, Mackie
f. CONFIDENTIAL DOCUMENTS: The chairman referenced
the August 10, 1993 memo from him to committee members
authorizing staff to organize all materials received at the
Ethics Committee office and his recommendation that certain
files be considered closed. Representative Porter moved
that the committee formally close any file containing
confidential documents that were generated under the earlier
ethics laws. The motion was unanimously adopted.
Motion adopted to close pre-1993 confidential
documents.
g. DISCLOSURES: The chairman referenced the list
given to committee members identifying all disclosures
received but unpublished through July 30, 1993.
6. OTHER BUSINESS
a. EXECUTIVE SESSION ATTENDANCE: Senator Kerttula
inquired as to whether non-committee member legislators
could attend executive sessions of this committee after
signing confidentiality statements. Chairman Donahue stated
that legislators can sit in on executive sessions of the
committee, if the subject is that legislator's request for
an advisory opinion, but cannot sit in executive sessions
dealing with complaints pending against that legislator.
The chairman stated that the intent of the committee is to
limit the number of people in executive sessions, given the
statutory requirements for strict confidentiality.
EXECUTIVE SESSION
At 10:30 a.m., the committee of the whole announced it would
move into a committee of the whole executive session and
then into House and Senate subcommittee executive sessions
for the purposes of discussion which might be prejudice to
the persons involved.
COMMITTEE OF THE WHOLE
The committee of the whole reconvened at 3:44 p.m.
AO 93-04: Shirley McCoy moved to adopt Advisory
Opinion 93-04 as modified in executive session. Adopted
without objection.
Adopted
AO 93-05: Shirley McCoy moved to adopt Advisory
Opinion 93-05 with spelling corrections. Representative
Mackie objected. Motion passed with members Donahue,
Granger, MacNeille, McCoy, Vorderstrasse, Kerttula, Pearce,
Porter concurring and Representative Mackie dissenting.
Adopted
AO 93-06: Representative Porter moved to adopt
Advisory Opinion 93-06 as modified during executive session.
Adopted without objection.
Adopted
AO 93-07: Chairman Donahue stated a conflict of
interest and yielded the chair to Ed Granger. Shirley McCoy
moved to adopt Advisory Opinion 93-07 as modified in
executive session. Motion was adopted with no objections.
Chairman Donahue did not participate in the vote.
Adopted
AO 93-08: Margie MacNeille moved to adopt Advisory
Opinion 93-08 as modified in executive session.
Representative Porter objected. The motion was adopted with
members Donahue, Granger, MacNeille, Vorderstrasse, Pearce,
Mackie concurring and members Porter, Kerttula and McCoy
dissenting.
Adopted
OTHER BUSINESS
NEXT MEETING: The committee tentatively scheduled the
next meeting for Wednesday, September 22, 1993.
VALUATION OF GIFTS: Representative Porter requested
that the committee consider for future discussion what value
i.e. retail or wholesale, is to be placed on gifts received.
CONFIDENTIAL GIFT DISCLOSURES: Representative Porter
proposed that at least three members review the confidential
gift disclosures on behalf of the committee. The chairman
appointed himself, Representative Porter and Margie
MacNeille to review the disclosures.
Subcommittee appointed: Donahue, Porter, MacNeille
Committee of the whole recessed at 4:14 p.m.
COMMITTEE OF THE WHOLE
Committee of the whole reconvened at 7:26 p.m. and adjourned
the meeting.
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