Legislature(2021 - 2022)ANCH LIO DENALI Rm
06/28/2022 09:30 AM House SELECT COMMITTEE ON LEGISLATIVE ETHICS
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* first hearing in first committee of referral
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+ teleconferenced
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ALASKA STATE LEGISLATURE
SELECT COMMITTEE ON LEGISLATIVE ETHICS
JUNE 28, 2022
9:30 AM
HOUSE SUBCOMMITTEE MEETING
9:32:26 AM
1. CALL THE MEETING TO ORDER
Conner Thomas called the meeting to order at 9:35 a.m. and
welcomed the audience and committee members, taking special
care to welcome new Alternate Public Member Jerry McBeath.
Conner Thomas directed Jerry Anderson to conduct roll call.
Roll Call
Representative Sara Hannan (telephonic)
Representative DeLena Johnson
H. Conner Thomas, Chair
Deborah Fancher
Dennis "Skip" Cook (telephonic)
Joyce M. Anderson
Gerald McBeath, Alternative Public Member
Quorum present.
Representative Cathy Tilton announced that she was present
telephonically. Conner Thomas asked if there was anyone
else online that had not been identified. No response was
heard.
Conner Thomas identified the other persons in the room:
Jerry Anderson
Jacqui Yeagle
Representative David Eastman
Mario Bird
Conner Thomas asked committee members and guests to
identify themselves each time they speak for the benefit of
others. He stated that he expected the meeting to last one
to 1 hours.
9:35:09 AM
2. APPROVAL OF AGENDA
Conner Thomas directed attention to the agenda and
entertained a motion for approval.
Motion made by: Skip Cook.
Conner Thomas entertained objections. There were no
objections. The agenda was approved.
Conner Thomas stated that the situation was unique in that
the House Subcommittee would be considering two complaints
against two different legislators. Both subjects had waived
confidentiality.
The subcommittee will address the preliminary examination
stage of the complaint process, which is to determine
whether the allegations in the complaint, if true, would be
a violation of the Legislative Ethics Act AS 24.60. If not,
the complaint would be dismissed. If so, the Subcommittee
will adopt a scope of investigation and have an
investigator proceed to investigate the allegations in the
complaint. He said he would outline to the extent he could
without compromising confidentiality with respect to the
possible witnesses. After deliberations in executive
session, the subcommittee would announce the outcome on the
record in public session.
Conner Thomas summarized the complaints:
On 4/14/22 and 4/15/22, an unregistered lobbyist for an
organization visited the Alaska State Capitol with the
stated intent to distribute signed petitions to the
legislature. He and his assistant apparently used the
offices of two different legislators as his "base of
operations" spending more than half a day in a
representatives office, and almost a full day and part of
the evening in Representative Eastman's office. The other
representative, who has also waived confidentiality, is
Representative Christopher Kurka. During that time, he was
visiting other offices to lobby legislators and intimidate
staffers. No other lobbyist would be allowed to do this and
certainly no activist. Both Mr. Kurka and Mr. Eastman and
their staffs were present at the time, and it is unknown if
he was allowed to use computers or telephones. Allowing an
aggressive activist and lobbyist to use your office as his
base of operating in the Capitol is a misuse of State
resources IAW AS 24.60.030(a)(2).
3. PUBLIC COMMENT
Conner Thomas opened the meeting to public comment and
stated that public comments are limited to three minutes.
He added that it is not the time to address the allegations
in the complaint.
15:34
Mario Bird introduced himself and stated that he was
representing Representative Eastman and Representative
Kurka. He referenced documents he had submitted to the
committee on behalf of the representatives and said that he
would rest on the briefs, but highlighted at the request of
his client AS 24.60.170(c), which says a proceeding
conducted under this subsection, (he stated he understood
the proceeding of the day to be the preliminary hearing)
are to be confidential unless the subject of the complaint
waives confidentiality as provided in subsection (l).
Confidentiality has been waived for purposes of
transparency and because his clients believe this is a
frivolous complaint.
Mario Bird stated that after talking with Mr. Anderson, he
understands the committee would likely move to executive
session and that he and Representative Eastman would be
asked to leave the room and stated for the record that both
clients wanted to be present for the deliberations to make
themselves available to the committee.
Conner Thomas asked committee members if there were
questions. There were no questions for Mario Bird.
Conner Thomas asked committee members if there were any
other comments.
4. COMPLAINT H 22-02 REPRESENTATIVE DAVID EASTMAN
5. MOTION TO GO INTO EXECUTIVE SESSION into Executive
Session
Hearing no objection, Conner Thomas closed public comment
and entertained a motion to move to executive session to
discuss matters which by law must remain confidential under
AS 24.60.160, Uniform Rule 22(b) regarding executive
sessions, and Rules of Procedure Section 5 Executive
Sessions and discussion of matters, the immediate knowledge
of would adversely affect the finances of a governmental
unit, and discussion of subjects that tend to prejudice the
reputation and character of a person.
Joyce Anderson so moved.
Hearing no objection, Conner Thomas opened executive
session and asked members of the public to leave the
conference room.
18:40
9:43:30 AM
6. EXECUTIVE SESSION
10:48:51 AM
7. PUBLIC SESSION
Conner Thomas called the meeting back to order. He
announced the committee had concluded deliberations and
they had decided the complaint[s] were in proper form, that
they had jurisdiction in the matter, and the complaint[s
were] filed within the time limits. The complaint[s] allege
specific and credible allegations, which if true, would
amount to violations of the Ethics Act. The committee
decided to proceed with a scope of investigation, which is
not a determination of whether there has been a violation.
That determination will be made at a future hearing after
the investigation[s].
Conner Thomas stated that committee business for the day
was concluded.
8. OTHER BUSINESS
Conner Thomas entertained other business.
Hearing no other business, Conner Thomas entertained a
motion to adjourn.
9. ADJOURN
Motion made by: Joyce Anderson
There were no objections.
Conner Thomas adjourned the meeting.
10:50:03 AM
ADJOURN:
| Document Name | Date/Time | Subjects |
|---|---|---|
| 20220628 House SC agenda.pdf |
JETH 6/28/2022 9:30:00 AM |