Legislature(2023 - 2024)

11/12/2024 09:00 AM House ETH

Audio Topic
12:01:35 PM Start
02:23:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                 ALASKA STATE LEGISLATURE                                                                                     
          SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                              
                     NOVEMBER 12, 2024                                                                                          
                         12:00 PM                                                                                               
                                                                                                                                
                  FULL COMMITTEE MEETING                                                                                      
                                                                                                                                
                                                                                                                                
12:01:35 PM                                                                                                                 
                                                                                                                                
1. CALL THE MEETING TO ORDER:                                                                                               
                                                                                                                                
Chair Deb Fancher called together the Full Committee                                                                            
meeting of November 12, 2024, at 12:01 PM. She directed                                                                         
Administrator Kevin Reeve to conduct roll call.                                                                                 
                                                                                                                                
Roll Call                                                                                                                     
                                                                                                                                
Senator David Wilson                                                                                                            
Senator Donny Olson                                                                                                             
Representative Mike Prax                                                                                                        
Representative Sara Hannan                                                                                                      
Skip Cook                                                                                                                       
Conner Thomas                                                                                                                   
Chair Deb Fancher                                                                                                               
Jerry McBeath                                                                                                                   
                                                                                                                                
With eight members present, there was a quorum to conduct                                                                       
business.                                                                                                                       
                                                                                                                                
Others                                                                                                                        
                                                                                                                                
Administrator Kevin Reeve                                                                                                       
Jacqueline Yeagle                                                                                                               
                                                                                                                                
12:02:48 PM                                                                                                                 
                                                                                                                                
2. UPDATE ON PUBLIC COMMITTEE MEMBER APPOINTMENTS                                                                           
                                                                                                                                
Chair Deb Fancher said public  members are appointed for a                                                                      
three year term by the chief justice  of the Alaska Supreme                                                                     
Court. Conner Thomas's appointment  expires in 2025, and he                                                                   
has expressed his willingness  and desire to continue as a                                                                      
member of the Ethics Committee.  Chair Fancher added there                                                                      
is an alternate public member  vacancy, and she encouraged                                                                      
anyone interested to apply.                                                                                                   
                                                                                                                              
12:03:54 PM                                                                                                                 
                                                                                                                              
3. APPROVAL OF AGENDA                                                                                                       
                                                                                                                                
Chair Deb Fancher entertained a motion to approve the                                                                           
agenda.                                                                                                                         
                                                                                                                                
Conner Thomas proposed moving items from the executive                                                                          
session agenda to the public agenda:                                                                                            
   b. Legislative changes update                                                                                                
   c. Election of officers at January meeting                                                                                   
   e. Public member announcement process changes                                                                                
   f. Intern in office                                                                                                          
   g. Engagement                                                                                                                
   h. Electronic binders                                                                                                        
   i. 2025 Committee appointments for the elected members                                                                       
                                                                                                                                
Chair Deb Fancher explained that executive session is                                                                           
intended for only two or three types of discussion as                                                                           
outlined in AS 25.60.160; Uniform Rule 22(b); and the Rules                                                                     
of Procedure Section 5. The items Conner Thomas proposed                                                                        
moving to public session do not qualify for executive                                                                           
session.                                                                                                                        
                                                                                                                                
Chair Deb Fancher entertained discussion or objections to                                                                       
moving the items to public session.                                                                                             
                                                                                                                                
Representative Sara Hannan asked where in the agenda the                                                                        
items would move.                                                                                                               
                                                                                                                                
Chair Deb Fancher replied that the items would go after                                                                         
item 6d in the staff report.                                                                                                    
                                                                                                                                
There was no other discussion and no objections. The                                                                            
committee approved the modified agenda.                                                                                         
                                                                                                                                
12:07:05 PM                                                                                                                 
                                                                                                                                
4. APPROVAL OF MINUTES:                                                                                                     
                                                                                                                                
     a. Chair Deb Fancher entertained approval of the                                                                           
        February 16, 2024, Full committee meeting minutes.                                                                      
        There were no objections. The committee approved the                                                                    
        minutes.                                                                                                                
                                                                                                                                
12:07:40 PM                                                                                                                 
                                                                                                                                
5. PUBLIC COMMENT                                                                                                           
Chair Deb Fancher opened the meeting to public comment.                                                                         
                                                                                                                                
After handing each of the committee members a document, Dr.                                                                     
Theresa Obermeyer said she is working on an initiative in                                                                       
support of Alaska electing the attorney general. Alaska is                                                                      
the only state that does not have an American Bar                                                                               
Association accredited law school and the only state that                                                                       
has no elected office holder who is required to be a member                                                                     
of the Alaska Bar Association. She asked the committee                                                                          
members to review the information she provided.                                                                                 
                                                                                                                                
12:12:23 PM                                                                                                                 
                                                                                                                                
6. CHAIR/STAFF REPORT                                                                                                       
        a. Staff Reports of Informal Advice                                                                                     
                                                                                                                                
Administrator Kevin Reeve introduced the staff report and                                                                       
invited questions or comments about the report.                                                                                 
                                                                                                                                
Committee members offered minor spelling and grammar edits.                                                                     
                                                                                                                                
Jerry McBeath inquired why it would not be a conflict of                                                                        
interest for a legislator to allow use of their government                                                                      
office in the filming of a documentary for a non-profit                                                                         
group. Jacqueline Yeagle replied using a legislative office                                                                     
in the manner described is not a conflict of interest.                                                                          
Senator David Wilson concurred. Representative Sara Hannan                                                                      
noted that the relevant facts were that the office was not                                                                      
used for campaign purposes and the film would not be                                                                            
released until after the election.                                                                                              
                                                                                                                                
     b. Revised Complaint Form                                                                                                  
                                                                                                                                
Administrator Kevin Reeve noted the committee had requested                                                                     
the changes. He asked the committee to review the changes                                                                       
and offer comments or questions. There was no discussion.                                                                       
The revised complaint form was approved.                                                                                        
                                                                                                                                
     c. COGEL Conference Update                                                                                                 
                                                                                                                                
Five individuals plan to attend the 2024 COGEL conference.                                                                      
Registration fees have been paid. All attendees should be                                                                       
making travel arrangements.                                                                                                     
                                                                                                                                
     d. 2025 Ethics Training Update                                                                                             
                                                                                                                                
Administrator Kevin Reeve reviewed the planned training                                                                         
dates, noting the date at the  end of January coincides with                                                                    
a training opportunity for committee members. The January                                                                       
17 training for continuing staff is in person only.                                                                             
                                                                                                                                
12:32:05 PM                                                                                                                 
                                                                                                                              
7. STATE BENEFIT AND LOAN PROGRAM REVIEW                                                                                    
                                                                                                                              
Chair Deb Fancher explained that every year the committee                                                                       
approves changes to the list of state benefit and loan                                                                          
programs that require disclosure.  There are no additions or                                                                    
deletions proposed for 2025, however, the Department of                                                                         
Natural Resources moved eight of the programs from the                                                                          
Economic Development Division to the Division of                                                                                
Investments.                                                                                                                    
                                                                                                                                
Conner Thomas confirmed his understanding  that the programs                                                                    
would stay on the list, only listed under a different the                                                                       
division within the department.  Chair Deb Fancher affirmed                                                                     
Conner Thomas's understanding.                                                                                                  
                                                                                                                                
Representative Sara Hannan suggested  that Kevin Reeve alert                                                                    
legislators and staff to the division change during                                                                             
training to avoid copying and  pasting incorrect information                                                                    
on disclosures.                                                                                                                 
                                                                                                                                
12:35:05 PM                                                                                                                 
                                                                                                                                
Chair Deb Fancher returned to the executive session agenda                                                                      
items that were moved to public session.                                                                                        
                                                                                                                              
     b. Legislative changes update                                                                                              
                                                                                                                                
Senator David Wilson reported  Senator Löki Tobin would take                                                                    
the lead on future ethics legislation  changes. He predicted                                                                    
Dan Wayne's return to Legislative  Legal will prove helpful                                                                     
in the legislation change process.                                                                                              
                                                                                                                                
     c. Election of officers at January meeting                                                                                 
                                                                                                                                
Administrator Kevin Reeve reminded  the committee that chair                                                                    
positions would rotate with the new session in January.                                                                         
                                                                                                                                
     e. Public member announcement process changes                                                                              
                                                                                                                                
Administrator Kevin Reeve proposed changes to the public                                                                        
member vacancy recruitment process in order to increase                                                                         
interest in serving. He directed  the committee to the                                                                          
changes to the draft vacancy announcement, including a                                                                          
change that emphasizes how the alternate public member                                                                          
duties and functions differ from those of the regular                                                                           
public members.                                                                                                                 
                                                                                                                                
Administrator Kevin Reeve added the current chief justice                                                                       
is retiring on January 14, 2025, and the office has been                                                                        
working with his successor, Susan Carney, to arrange for a                                                                      
committee appointment letter to be sent during the first                                                                        
week of next session.                                                                                                           
                                                                                                                                
Representative Sara Hannan asked, given the timing of Chief                                                                     
Justice Maassen's retirement and the start of Chief Justice                                                                     
Carney's term, if they could end up nominating different                                                                        
public members. Kevin Reeve replied that he is working with                                                                     
both chief justices to ensure an uncomplicated nomination                                                                       
process.                                                                                                                        
                                                                                                                                
Senator David Wilson noted it is common for the chief                                                                           
justice to send the letter of nomination to the speaker of                                                                      
the house and the senate president in the first week of                                                                         
session.                                                                                                                        
                                                                                                                                
Jerry McBeath asked how the vacancy positions are                                                                               
advertised. Deb Fancher replied that the vacancy                                                                                
announcements were sent to all legislators and legislative                                                                      
staff. Legislators are asked to share the vacancy notice in                                                                     
their own newsletters.                                                                                                          
                                                                                                                                
Representative Sara Hannan suggested re-sending the request                                                                     
to legislators as they may have not sent newsletters during                                                                     
the campaign period. Chair Deb Fancher added that the                                                                           
vacancy announcement might also be included in the next                                                                         
Ethics Committee Advisor. In addition to the vacancy                                                                            
announcement, she also advised including planned training                                                                       
dates and updates to the state benefit and loan programs.                                                                       
                                                                                                                                
12:49:46 PM                                                                                                                 
                                                                                                                                
     f. Intern in office                                                                                                        
                                                                                                                                
Administrator Kevin Reeve addressed the backlog of work in                                                                      
the office. He recommended hiring an intern to help the                                                                         
office catch up with filing, records keeping, and other                                                                         
office tasks. An intern would benefit by getting exposure                                                                       
to the legislature and the Ethics Committee in particular.                                                                      
                                                                                                                                
Senator David Wilson moved to allow Kevin Reeve to explore                                                                      
the intern option. Chair Deb Fancher entertained                                                                                
discussion.                                                                                                                     
                                                                                                                                
Jerry McBeath expressed concern about the nature of the                                                                         
work the intern would do, given the confidentiality aspects                                                                     
of the work, the qualifications required that would be                                                                          
required of the intern, and what the compensation would be                                                                      
in terms of [school] credit. He proposed Kevin Reeve                                                                            
consider the committee's questions and report his findings                                                                      
to the committee in January.                                                                                                    
                                                                                                                                
Representative Sara Hannan wondered if the office has                                                                           
capacity to teach an intern or if it would be more                                                                              
beneficial to temporarily hire or contract with someone.                                                                        
                                                                                                                                
Chair Deb Fancher asked if there were objections to the                                                                         
administrator's exploration for an additional person in the                                                                     
office. There were no objections.                                                                                               
                                                                                                                                
1:01:45 PM                                                                                                                  
                                                                                                                                
     g. Engagement                                                                                                              
                                                                                                                                
Administrator Kevin Reeve noted there were a number of                                                                          
misconceptions about the committee. He proposed increasing                                                                      
public engagement to educate the public and also working                                                                        
with media outlets to support  their journalistic integrity.                                                                    
He reported he had recently worked  with a media outlet for                                                                     
that purpose and his efforts seem  to have been fruitful. He                                                                    
asked the committee if they wanted him to continue his                                                                          
pursuits in this area.                                                                                                          
                                                                                                                                
Representative Sara Hannan cautioned that general public                                                                        
engagement may be contradictory at the same time as                                                                             
legislators are considering changes to the Ethics Act. Deb                                                                      
Fancher generally agreed and added that educating the                                                                           
legislators and legislative employees about the committee                                                                       
still has value. She added she and Joyce Anderson had                                                                           
presented to a couple of community groups and those                                                                             
presentations were well received.                                                                                               
                                                                                                                                
Representative Mike Prax advised designing the ethics                                                                           
webpage for a public audience.                                                                                                  
                                                                                                                                
Senator David Wilson agreed with Representative Sara Hannan                                                                     
that public education about the committee will happen                                                                           
naturally as the ethics legislation changes work their way                                                                      
through the legislative bodies. He noted that the Office of                                                                     
Victim Advocacy also struggles with public perception                                                                           
issues and he suggested working together with them may                                                                          
prove valuable.                                                                                                                 
                                                                                                                                
1:08:30 PM                                                                                                                  
                                                                                                                                
Jerry McBeath opined it is a civic education problem and he                                                                     
agrees with Representative Sara Hannan that public                                                                              
education about the committee needs to be focused and in a                                                                      
way that makes sense.                                                                                                           
                                                                                                                                
Chair Deb Fancher entertained committee discussion about                                                                        
offering a lunch and learn.                                                                                                     
                                                                                                                                
Conner Thomas wondered if there would be interest in a                                                                          
lunch and learn given time constraints in Juneau.                                                                               
                                                                                                                                
Representative Sara Hannan stated that lunch and learns are                                                                     
restricted from promoting legislation and would have to be                                                                      
scheduled prior to the introduction of new legislation.                                                                         
                                                                                                                                
Representative Mike Prax urged the committee to make the                                                                        
web page the priority. He argued  it should be a one-stop                                                                       
shop for a viewer to glean what  the committee is about.                                                                        
                                                                                                                                
Chair Deb Fancher suggested the possibility of expanding                                                                        
ethics training to include information from the existing                                                                        
lunch and learn power point along with some of the answers                                                                      
to questions asked about the committee.                                                                                         
                                                                                                                                
Senator David Wilson suggested exploring options at KTOO                                                                        
for raising the profile of community organizations.                                                                             
                                                                                                                                
1:13:35 PM                                                                                                                  
                                                                                                                                
     h. Electronic binders                                                                                                      
                                                                                                                                
Administrator Kevin Reeve proposed sending preliminary                                                                          
meeting packets electronically to committee members and                                                                         
having paper copies of the documents at the meeting.                                                                            
                                                                                                                                
Senator David Wilson indicated he was fine with the idea                                                                        
but cautioned using password protection.                                                                                        
                                                                                                                                
Deb Fancher asked if using password protection would                                                                            
require public members to use a legislative email address.                                                                      
                                                                                                                                
Administrator Kevin Reeve offered to get more information                                                                       
about password protection and speculated Deb Fancher's                                                                          
concern was surmountable.                                                                                                       
                                                                                                                                
Representative Sara Hannan asked Senator David Wilson if he                                                                     
proposed only password protecting executive session                                                                             
documents.                                                                                                                      
                                                                                                                                
Jerry McBeath protested the cost of printing his own                                                                            
packet.                                                                                                                         
                                                                                                                                
Skip Cook suggested going to the local LIO to print it out.                                                                     
                                                                                                                                
Representative Sara Hannan asked if some members could                                                                          
still receive a packet in the mail.                                                                                             
                                                                                                                                
Administrator Kevin Reeve said he will inquire how members                                                                      
want to receive their packets for each meeting.                                                                                 
                                                                                                                                
                                                                                                                                
   i. 2025 Committee appointments for the elected members                                                                       
                                                                                                                                
Administrator Kevin Reeve reminded legislators of the                                                                           
importance that legislative member appointments occur prior                                                                     
to the January 30 meeting. He reported he would be                                                                              
contacting the senate president and the house speaker with                                                                      
a reminder.                                                                                                                     
                                                                                                                                
Representative Sara Hannan asked if legislators serve until                                                                     
a replacement is appointed. She said all committee                                                                              
assignments are generally done at the same time if the                                                                          
bodies are organized                                                                                                            
                                                                                                                                
Administrator Kevin Reeve asked if there is anything to do                                                                      
to move along the process.                                                                                                      
                                                                                                                                
Representative Sara Hannan replied that it all depends on                                                                       
whether both bodies are organized. Internal dynamics have                                                                       
delayed organizing the house in recent past years                                                                               
                                                                                                                              
1:22:52 PM                                                                                                                  
                                                                                                                              
8. Chair Deb Fancher 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 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.                                                                                        
                                                                                                                                
Senator David Wilson so moved. There were no objections.                                                                        
The committee moved into executive session.                                                                                     
                                                                                                                                
1:23:52 PM                                                                                                                  
                                                                                                                              
9. EXECUTIVE SESSION                                                                                                        
                                                                                                                                
2:22:04 PM                                                                                                                  
                                                                                                                                
10. PUBLIC SESSION                                                                                                          
                                                                                                                                
Chair Deb Fancher re-opened public session and entertained                                                                      
a motion to draft a letter to Ombudsman Kate Burkhart                                                                           
regarding a complaint.                                                                                                          
                                                                                                                                
Representative Sara Hannan so moved. Chair Deb Fancher                                                                          
entertained objections. There were none. The motion passed.                                                                     
                                                                                                                              
11. OTHER BUSINESS                                                                                                          
                                                                                                                              
12. ADJOURN                                                                                                                 
                                                                                                                                
Chair Deb Fancher entertained a motion to adjourn. Skip                                                                         
Cook so moved. There were no objections. The meeting                                                                            
adjourned at 2:23 PM.                                                                                                           
                                                                                                                                
2:23:34 PM                                                                                                                  
                                                                                                                                
ADJOURN                                                                                                                       

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