Legislature(2021 - 2022)
11/18/2022 10:00 AM House SELECT COMMITTEE ON LEGISLATIVE ETHICS
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ALASKA STATE LEGISLATURE
SELECT COMMITTEE ON LEGISLATIVE ETHICS
November 18, 2022
10:00 AM
HOUSE SUBCOMMITTEE MEETING
10:01:58 AM
1. CALL THE MEETING TO ORDER
Conner Thomas called to order the meeting of the House
Subcommittee of the Select Committee on Legislative Ethics
at 10:01 a.m. on November 18, 2022.
Conner Thomas welcomed all of the committee members, noting
that Public Member Alternate Jerry McBeath was in
attendance for the first time.
Conner Thomas directed Jerry Anderson to take roll.
Roll Call
Representative Sara Hannan
Representative DeLena Johnson
H. Conner Thomas
Joyce M. Anderson
Gerald McBeath, Alternative
Quorum present.
Others
Jerry Anderson
Jacqui Yeagle
Conner Thomas reminded everyone to identify themselves
before speaking. He said the meeting was expected to last
for approximately two hours, a large portion of which was
likely to be in executive session.
10:04:27 AM
2. APPROVAL OF AGENDA
Conner Thomas entertained a motion to approve the agenda.
Motion made by: Representative Sara Hannan
There were no objections. The agenda was approved.
3. PUBLIC COMMENT
Conner Thomas entertained public comment.
Senator David Wilson stated that the Ethics Committee had
requested additional funding for an ongoing house
subcommittee investigation due to unresponsive legislators
and staff. He said that Ethics Committee rules apply to
both legislators and staff and that he finds it
disconcerting to allow unresponsiveness, especially from
staff. He urged the committee, if the unresponsiveness
continues, to take action by referring them to the
presiding officer of the body for disciplinary action. His
recommendation would be termination. Otherwise, he said,
the committee is all bark and no teeth, and it concerns him
that the committee be taken seriously. He takes seriously
his duty to serve on this committee, he respects the
committee and the work they do. The committee should not
have to spend an additional $12,500 because of
nonresponsive legislators and staff. That is irresponsible
of those members and they dont take seriously their oaths
of office and duties to the legislature. He thanked the
committee for the time.
Conner Thomas thanked Senator David Wilson for his comments
and entertained others.
Patrick Martin said that he had visited the Capitol on
April 14 and 15 to deliver 5,000 petitions calling on the
Alaska Legislature to prohibit the use of taxpayer money to
pay for abortions in the state of Alaska. Because
Representatives Eastman and Kurka work closely together, he
wanted photos with them and the petitions that he had
brought. The unpredictable schedule of floor and committee
sessions prevented a brief visit, and instead forced him to
wait extended times to get the two representatives and
their staffs together for the photos. His meeting requests
were also delayed repeatedly as the two representatives
were engaged in other work. He said that they spent way
more time in the Capitol than they ever wanted to spend
there.
Aside from representatives Eastman and Kurka, he interacted
with several house and senate offices, almost all of which
were positive and cordial in their interactions even though
most of the offices visited are on the other side of the
issue. The offices of Senator Hughes and Representative
McCabe were hostile. Representative McCabe represents the
district in which Patrick Martin lives. Patrick Martin
visited Representative McCabes office in order to deliver
a book and to remind him that pro-life Republicans should
never vote a caucus with the abortion lobby. His staffer
was curt and refused to accept the book and the message he
asked her to take. At the office Senator Hughes, Buddy
Whitt practically shouted Patrick Martin out of the office
because Patrick Martin would not remove his petitions from
the senators office. Buddy Whitt called security in an
attempt to intimidate Patrick Martin into surrendering his
right to petition the government.
After leaving the petitions for Senator Hughes, Buddy Whitt
followed Patrick Martin into the hallway to further harass
and intimidate, then Buddy Whitt invited Patrick Martin
back into the office where the two had a 30-minute
conversation. During that 30-minute period, other staffers
in the office of Senator Hughes continued to harass and
intimidate Patrick Martin by calling security and accusing
Patrick Martin of carrying a gun in the building, an act
Patrick Martin said that pro-life activists dont do. The
responding capitol security officer did not find a gun but
he did remain outside the office of Senator Hughes for the
duration of the conversation between Patrick Martin and
Buddy Whitt.
The Ethics complaint against Representative Eastman and
Representative Kurka seems about as credible as the weapons
accusation. They are all politically motivated attempts to
harass and intimidate and ultimately silence a citizen
activist and any elected representatives who are willing
take a hard stand against killing Alaskan babies with
taxpayer money.
He asked the committee to look at the accusations and the
smears against him, a private citizen, and Representatives
Eastman and Kurka, and the baseless, false accusations of
using government resources for Patrick Martins political
purposes, which are false, but also completely unprovable.
He has to ask why the committee are even doing this. Its a
baseless complaint, its a smear campaign against himself,
Alaska Right to Life, and Representatives Eastman and
Kurka. That is so patently obvious that it seems the Ethics
Committee has not even looked at the complaint and the
accusations listed in it. He said he does not know who
brought the complaint but based on his visit to the
capitol, it seems likely either Representative McCabe or
Senator Hughes or their staff members, who have taken a
very politically motivated stance against him, a private
citizen, against Alaska Right to Life, a simple pro-life
activist group, and against the representatives that work
with the group. If the committee wants to carry out the
hearing and the investigation and invite him to testify in
the hearings, thats fine. Its not going to go well. He
thanked the committee for taking his testimony and he again
encouraged the committee to look at the accusations, the
complaint, and the political nature buried in them. He
concluded by saying that this accusation and this hearing
should not even see the light of day.
Conner Thomas thanked Patrick Martin for his comments, and
noted that his comments were not testimony.
Jerry McBeath noted to Patrick Martin that he referred to
himself several times as a private citizen, yet
acknowledged that he had an organization called Alaska
Right to Life, which is a public advocacy organization. He
asked: Is it not possible that people might characterize
him as an advocate in a public setting?
Patrick Martin replied that it does, but its unseemly that
his name was thrown out in derogatory terms in accusations
and on the house floor.
Conner Thomas thanked Patrick Martin again and asked if
there was additional public comment.
Representative Eastman encouraged the committee to review
the statutes that address the committees duties,
particularly dealing with confidentiality. In his and his
attorneys review of the statutes, it does not appear at
all - nor was it the case when he served on the committee -
that the committee has discretion to waive or not waive
confidentiality when the subject of the complaint has
formally waived confidentiality. Nowhere in statute does it
give the committee discretion whether or not to grant that
confidentiality. Once the subject waives his rights to
privacy and confidentiality and has asked for relevant
documents to remain public, the public should have access
to that information immediately. He waived confidentiality
several months ago and he sees the committee acting as if
he had not waived confidentiality and continue to proceed
under confidential rules. The rules were designed to
protect the subject, himself, and yet that confidentiality
is actually being used against him as the recipient of that
complaint. Please review those rules, please discuss with
counsel what it is that a complaint recipient is entitled
to when it comes to transparency for the public, to him, to
the relevant documents. He said he still sees a desire on
the part of the committee for executive sessions and
confidentiality and disallowing the public to see the
relevant documents, which statute makes clear that the
public is entitled to see. Thank you.
Conner Thomas entertained additional comments. There were
now additional comments.
Conner Thomas moved to the next agenda item.
10:18:21 AM
4. COMPLAINTS AND MOTION TO GO INTO EXECUTIVE SESSION
Conner Thomas reminded everyone that attendance at
executive session will be limited to members of the
committee and essential personnel, as determined by the
committee. In cases of discussion, investigation, data
gathering, interviews, deliberations or decision making on
complaints prior to probable cause determination, neither
the subject of the complaint, nor any other legislator not
on the appropriate subcommittee, will be allowed in the
executive session.
The two complaints [the subcommittee] will be taking up
today are Complaints H 22-01 and H 22-02 in executive
session in accordance with the Rules of Procedure of the
committee. Both of these complaints had a waiver of
confidentiality filed by the respective subject of the
complaint. We therefore offer the following brief summary
of the complaints.
a. H 22-01 has Representative Chris Kurka as the subject
of the complaint. It contains allegations that the
Representative allegedly violated AS24.60.010(2) and
AS 24.60.030(a)(2) by allowing a person to use state
resources for a private benefit.
b. H 22-02 has Representative David Eastman as the
subject of the complaint. It contains allegations that
the Representative allegedly violated AS24.60.010(2)
and AS 24.60.030(a)(2) by allowing a person to use
state resources for a private benefit.
c. The House subcommittee met on each of these complaints
and issued a scope of investigation. An investigation
report has been prepared in each of these cases and
the subcommittee may be prepared to go into executive
session to further consider and deliberate on each of
the complaints.
Conner Thomas entertained a 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 would adversely affect the
finances of a governmental unit, and discussion of subjects
that tend to prejudice the reputation and character of a
person.
Motion made by: Joyce Anderson
There was no objection.
10:20:37 AM
5. EXECUTIVE SESSION
11:55 a.m.
6. PUBLIC SESSION
Chair Conner Thomas called the meeting back to order at
11:55 a.m. and stated that in light of waivers of
confidentiality the committee would announce some of the
decisions made in executive session.
Conner Thomas said that in H 22-01 Representative Kurka, a
majority of the House Subcommittee members approved
additional investigation.
Conner Thomas said that in H 22-02 Representative Eastman,
a majority of the House Subcommittee members approved
additional investigation.
Conner Thomas said that a future meeting date will be set
depending on the outcome of the additional investigation.
7. OTHER BUSINESS
Conner Thomas asked Jerry Anderson to talk about future
meeting plans.
Jerry Anderson said that ethics training was set for
January 18 in Juneau. If the committee combines training
with a meeting, the committee could meet on January 19. He
said he would proceed with those plans unless there were
objections to that.
Conner Thomas entertained discussion.
Conner Thomas asked if Jerry Anderson if he wanted the
committee to approve those dates.
Jerry Anderson responded that he needed leadership to
confirm those dates.
Conner Thomas noted that the dates are tentative. He asked
Jerry Anderson if there were additional items to discuss.
Joyce Anderson asked if the committee needed a motion to
secure additional funds for the continuing investigation of
the complaints.
Conner Thomas thanked Joyce Anderson for reminding and
asked if she wanted to make the motion.
Joyce Anderson moved that the committee ask for a $15,000
budget increase to continue investigating the two
complaints under discussion in the executive session.
Conner Thomas entertained discussion of the motion. Hearing
none, Conner Thomas directed Jerry Anderson to conduct a
roll call vote.
Roll call vote
Joyce Anderson Yes
Jerry McBeath Yes
Conner Thomas Yes
Representative DeLena Johnson Yes
Representative Sara Hannan Yes
The motion passed 5-0.
Conner Thomas entertained other business.
8. ADJOURN
Conner Thomas entertained a motion to adjourn.
Representative Sara Hannan so moved. There were no
objections.
Conner Thomas adjourned the meeting.
11:56 a.m.
| Document Name | Date/Time | Subjects |
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| 20221118 House SC agenda BASIS.pdf |
JETH 11/18/2022 10:00:00 AM |