Legislature(2017 - 2018)Anch LIO Lg Conf Rm
07/17/2018 08:30 AM House SELECT COMMITTEE ON LEGISLATIVE ETHICS
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ALASKA STATE LEGISLATURE
SELECT COMMITTEE ON LEGISLATIVE ETHICS
JULY 17, 2018
House Subcommittee
8:31:28 AM
1. Call the Meeting to Order
Chair Dennis "Skip" Cook called the meeting to order at
8:35 AM.
Committee members present:
Dennis "Skip" Cook, Chair
Representative Colleen Sullivan-Leonard
Representative Chris Tuck
Deb Fancher
Lee Holmes
Joyce Anderson
Conner Thomas
Others present:
Jerry Anderson, Administrator
Jacqui Yeagle, Administrative Assistant
Nancy Nolan, Hearing Officer
Kevin Fitzgerald, Ethics Committee Counsel
Representative David Eastman
Tim Petumenos, Counsel for David Eastman
Karina Chambers, Paralegal to Tim Petumenos
2. Approval of Agenda
Representative Colleen Sullivan Leonard made a motion to
approve the agenda. No objection. Agenda approved.
3. Public Comment
No public comment.
4. Public Hearing Related to Complaint 17-03
Chair Cook turned the meeting over to Hearing Officer Nancy
Nolan.
Nancy Nolan stated that the primary witness, Naomi Klouda,
was unavailable to testify. Since Nancy Nolan was notified
of the witness unavailability at the last minute (close of
business the evening before the hearing), the issue was
addressed on record at the time set for the hearing.
After hearing from both parties, Nancy Nolan stated that,
given the importance of this particular witness, and the
late notice of unavailability, she would grant a
continuance if that was the remedy being requested.
The attorneys held a private conference.
The attorneys agreed to proceed without the witness,
pursuant to an agreement that Kevin Fitzgerald would not
object to the admission of four documents that Tim
Petumenos had hoped to introduce through the witness. The
parties agreed to read the deposition into the record in
light of the witness unavailability.
Nancy Nolan read to the Subcommittee Pre-Evidence
Instructions.
Kevin Fitzgerald delivered his opening statement on behalf
of the House Subcommittee of the Select Committee on
Legislative Ethics.
Tim Petumenos stated the respondent's position is that
maximum access to the public be allowed to the hearing.
Nancy Nolan stated that it would be up to the Committee to
decide whether the public is allowed to record the
proceedings.
Chair Cook announced that there would be no restrictions on
public recording of the proceedings but that there is only
one official recording of the proceedings.
Chair Cook directed Nancy Nolan's attention to Kevin
Fitzgerald. Kevin Fitzgerald asked Nancy Nolan to confirm
that the Committee be allowed to ask questions during the
proceedings.
Nancy Nolan confirmed that the Committee is authorized to
ask questions during the proceedings.
Tim Petumenos delivered his opening statement on behalf of
Representative David Eastman.
Kevin Fitzgerald called his first witness, Naomi Klouda, by
a reading of Naomi Klouda's deposition. Jerry Anderson was
placed under oath to read the part of Naomi Klouda.
Fitzgerald read the part of Tim Petumenos.
Tim Petumenos read a selected section of Reuters Handbook
of Journalism.
Exhibit 6, the transcript of the Naomi Klouda deposition,
was offered and admitted into evidence.
Tim Petumenos requested then withdrew his request to admit
into evidence Exhibit H, the selected section of the
Reuters Handbook of Journalism. Exhibit H was withdrawn.
Jerry Anderson was called as a witness and provided
testimony.
Exhibit 1, Jerry Anderson's activity log dated April 13,
2017 documenting Anderson's phone conversation with
Representative David Eastman was offered and admitted into
evidence.
Nancy Nolan gave instructions to the Subcommittee prior to
break.
11:24:54 AM
BREAK
1:07:21 PM
Chair Cook called the public hearing back in to order.
before Kevin Fitzgerald resumed direct examination of Jerry
Anderson.
Exhibit 2, the letter written by Representative David
Eastman dated April 14, 2017, was offered and admitted into
evidence.
Exhibit 4, the email that Jerry Anderson received from
Naomi Klouda on May 18, 2017, summarizing the communication
that she had had with Representative David Eastman on April
28, 2017 was offered and received into evidence.
Exhibit 5, the formal charge issued by the House
Subcommittee was offered and admitted into evidence.
Tim Petumenos conducted cross examination of Jerry
Anderson.
Kevin Fitzgerald conducted re-direct examination of Jerry
Anderson.
Lee Holmes asked clarifying questions to Jerry Anderson
regarding the confidentiality of ethics complaints.
Representative Chris Tuck asked Jerry Anderson about his
recollection of the date he was contacted by Naomi Klouda.
Tim Petumenos called Karina Chambers as his first witness
to read statements made by Naomi Klouda statements made
to Monique Rapuzzi on September 25, 2017. Karina Chambers
was placed under oath and Tim Petumenos and Karina Chambers
read the relevant parts of Naomi Klouda's statement.
Kevin Fitzgerald called Representative David Eastman to
testify. Representative David Eastman was placed under
oath.
Tim Petumenos questioned Representative David Eastman.
Exhibit E, the article by Suzanne Downing in Must Read
Alaska dated April 19, 2017 was offered and admitted into
evidence.
Exhibit D, Representative David Eastman's phone record
establishing the date, time, and duration of the phone call
with Naomi Klouda was offered and admitted into evidence.
Kevin Fitzgerald conducted cross examination of
Representative David Eastman.
Lee Holmes stated that Representative David Eastman had
left the room when the Steve Strait complaint against
Representative LeDoux was discussed at the Ethics Committee
meeting in August 2017.
Exhibit B, the newspaper article written by Naomi Klouda
dated January 18, 2018, and Exhibit F, an article written
by Naomi Klouda dated May 3, 2017 were offered and admitted
into evidence.
Representative Colleen Sullivan Leonard asked if
Representative David Eastman's phone records show the phone
call between Representative David Eastman and Jerry
Anderson.
Representative David Eastman posed the possibility that
Jerry Anderson had telephoned Representative David Eastman
on his office phone and therefore, the phone would not
appear on the phone record.
Tim Petumenos called Steve Strait as witness. Steve Strait
was placed under oath.
Tim Petumenos questioned Steve Strait.
Kevin Fitzgerald conducted cross examination of Steve
Strait.
Kevin Fitzgerald re-called Jerry Anderson as a witness.
Kevin Fitzgerald and Jerry Anderson read the transcript of
the committee Investigator's Monique Rapuzzi interview of
Naomi Klouda. Kevin Fitzgerald read Monique Rapuzzi's part
and Jerry Anderson read Naomi Klouda's part.
Kevin Fitzgerald delivered his closing argument.
Tim Petumenos delivered his closing argument.
Kevin Fitzgerald delivered his rebuttal argument.
Nancy Nolan read to the Subcommittee Post-Evidence
Instructions.
Deb Fancher asked if the Subcommittee should consider in
its deliberations the Order Addressing Motion to Dismiss
Due to Committee Composition that the Subcommittee had
received prior to the public hearing.
Nancy Nolan responded that the Subcommittee should only
consider evidence received during the public hearing.
EXECUTIVE SESSION as needed to discuss matters related to
Complaint 17-03 under AS. 24.60.170(j),(k) and under Rules of
Procedure Section 5(b)(2). The purpose of Executive session is
to discuss matters which by law must remain confidential under
Uniform Rule 22(b) regarding executive sessions, and Rules of
Procedure Section 5: Executive Sessions and discussion of
matters, the immediate knowledge of would adversely affect the
finances of a governmental unit, and discussion of subjects that
tend to prejudice the reputation and character of a person.
5. Public Session
Chair Skip Cook announced that the Subcommittee had
completed their work in executive session on H 17-03.
6. Other Business
No other business.
7. Adjourn
Chair Skip Cook entertained a motion to adjourn. Conner
Thomas moved to adjourn. No objection. Chair Cook adjourned
the meeting.
6:02:52 PM
Administrative Footnote: Exhibits 3, A, and C as marked
were not offered or admitted as part of the public hearing.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HouseSC.pdf |
JETH 7/17/2018 8:30:00 AM |
|
| DRAFT 20180717 HouseSCMinutes.pdf |
JETH 7/17/2018 8:30:00 AM |