Legislature(1993 - 1994)

02/10/1993 03:30 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                     JOINT SENATE AND HOUSE                                    
                  JUDICIARY STANDING COMMITTEES                                
                        February 10, 1993                                      
                            3:30 p.m.                                          
                                                                               
                                                                               
  SENATE MEMBERS PRESENT                                                       
                                                                               
  Senator Robin Taylor, Chairman                                               
  Senator Rick Halford, Vice-Chairman                                          
  Senator Dave Donley                                                          
  Senator Suzanne Little                                                       
                                                                               
  SENATE MEMBER ABSENT                                                         
                                                                               
  Senator George Jacko                                                         
                                                                               
  HOUSE MEMBERS PRESENT                                                        
                                                                               
  Representative Brian Porter, Chairman                                        
  Representative Jeannette James, Vice-Chairman                                
  Representative Pete Kott                                                     
  Representative Gail Phillips                                                 
  Representative Joe Green                                                     
  Representative Cliff Davidson                                                
  Representative Jim Nordlund                                                  
  Representative David Finkelstein                                             
  Representative Carl Moses                                                    
  Representative Ed Willis                                                     
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  CONFIRMATION HEARINGS:  Public Members of the Select                         
  Committee on Legislative Ethics                                              
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  ISAAC CHARLTON                                                               
  4027 Birch Lane                                                              
  Fairbanks, Alaska 99709                                                      
  POSITION STATEMENT:  Public member to testify.                               
                                                                               
  WILLIAM BROWN                                                                
  9150 Skywood                                                                 
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Public member to testify.                               
                                                                               
  LEO A. LAND                                                                  
  P.O. Box 122                                                                 
  Haines, Alaska 99827                                                         
  POSITION STATEMENT:  Commented on the hearings.                              
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-9, SIDE A                                                            
  Number 001                                                                   
                                                                               
  CHAIRMAN ROBIN TAYLOR called the joint meeting of the House                  
  and Senate Judiciary Committees to order at 3:40 p.m. to                     
  discuss the appointment and selection of two people to the                   
  Select Committee on Legislative Ethics:  ISAAC CHARLTON and                  
  WILLIAM BROWN.                                                               
                                                                               
  SENATOR TAYLOR introduced the chairman of the House                          
  Judiciary Committee, REPRESENTATIVE BRIAN PORTER, and the                    
  remainder of the House committee members.                                    
                                                                               
  SENATOR TAYLOR invited MR. CHARLTON to make an opening                       
  statement.                                                                   
                                                                               
  MR. CHARLTON explained he liked to do public service and had                 
  participated, mostly on the local level, since leaving                       
  college.  He equated ethics with his employment as a risk                    
  manager and as a certified public accountant.                                
                                                                               
  SENATOR TAYLOR opened the hearing to the legislators for                     
  questions.                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS discussed with Mr. Charlton his                      
  employment with the University of Alaska, where he teaches                   
  correspondence and night courses.                                            
                                                                               
  Number 124                                                                   
                                                                               
  REPRESENTATIVE PORTER asked a hypothetical question                          
  suggesting Mr. Charlton might have a conflict of interest on                 
  the budget of the University of Alaska while sitting in                      
  judgement on a legislator.                                                   
                                                                               
  MR. CHARLTON explained why it would be no conflict for him.                  
                                                                               
                                                                               
  REPRESENTATIVE PORTER questioned whether there might be a                    
  perception of conflict by the public.                                        
                                                                               
  MR. CHARLTON said he was far removed from the budget                         
  process.                                                                     
                                                                               
  SENATOR LITTLE expressed her appreciation to Mr. Charlton                    
  for his interest in the position and asked about his state                   
  and national organizations, which have their own code of                     
  ethics.                                                                      
                                                                               
  MR. CHARLTON listed four organizations, described the ethics                 
  component of each, and gave an example.                                      
                                                                               
  REPRESENTATIVE GREEN quoted Mr. Charlton's remark that there                 
  was no fee large enough to jeopardize his license, and asked                 
  why he didn't include "conscious or ethics."                                 
                                                                               
  MR. CHARLTON explained that any compromise of conscious or                   
  ethics could lose his license.                                               
                                                                               
  REPRESENTATIVE GREEN asked which he held in highest esteem.                  
                                                                               
                                                                               
  MR. CHARLTON said he was considered to be an ethical                         
  employee and described the relationship among the points                     
  suggested by Representative Green.                                           
                                                                               
  REPRESENTATIVE GREEN asked Mr. Charlton if he had ever been                  
  in a compromising situation in his past.                                     
                                                                               
  MR. CHARLTON said he was not aware of any.                                   
                                                                               
  REPRESENTATIVE GREEN asked if there was anything                             
  embarrassing in his background.                                              
                                                                               
  MR. CHARLTON couldn't think of anything relevant.                            
                                                                               
  Number 240                                                                   
  REPRESENTATIVE PHILLIPS explained there had been a criminal                  
  investigation sheet done on the other persons interviewed                    
  for the Ethics Committee.                                                    
                                                                               
  REPRESENTATIVE GREEN assured her a criminal check had been                   
  made and both Mr. Charlton and Mr. Brown have no criminal                    
  record.                                                                      
                                                                               
  Number 256                                                                   
                                                                               
  SENATOR LITTLE asked about the voting record and was                         
  referred to the last page.                                                   
                                                                               
  SENATOR TAYLOR gave copies of their voting record to the two                 
  participants, and there was some discussion.                                 
                                                                               
  REPRESENTATIVE NORDLUND asked Mr. Charlton if he had a                       
  particular attitude about the complaints noted in the                        
  newspaper.                                                                   
                                                                               
  MR. CHARLTON said the persons involved would be considered                   
  innocent until proven guilty.  He described a TV interview                   
  the previous day in Fairbanks in which he had answered                       
  similar questions.                                                           
                                                                               
  REPRESENTATIVE KOTT asked about other pressures besides the                  
  news media experience.                                                       
                                                                               
  MR. CHARLTON described media attention he had received when                  
  there was a short-fall in the University appropriation                       
  because of the liability insurance crisis.  He described                     
  additional interviews related to other interests.                            
                                                                               
  REPRESENTATIVE PHILLIPS questioned the time constraints on                   
  his employment in the event the Ethics Committee was kept in                 
  Juneau for a prolonged period of time.                                       
                                                                               
  MR. CHARLTON explained he had discussed it with his                          
  supervisor, to the satisfaction of both.  Mr. Charlton                       
  described time he had taken off for medical problems, and                    
  how he had depended heavily on his staff.                                    
                                                                               
  Number 356                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS asked for clarification as to                        
  whether he would have difficulty with the stress of the job.                 
                                                                               
  MR. CHARLTON assured her he was well.                                        
                                                                               
  REPRESENTATIVE GREEN wondered about Mr. Charlton's general                   
  health.                                                                      
                                                                               
  MR. CHARLTON explained the physical repairs had been to                      
  correct an inherited condition.                                              
                                                                               
  REPRESENTATIVE NORDLUND questioned possibly having three out                 
  of five Ethics Committee members from the University of                      
  Alaska and asked Mr. Charlton if he knew two of the other                    
  candidates.                                                                  
                                                                               
  MR. CHARLTON state he did not.                                               
                                                                               
  Number 436                                                                   
                                                                               
  SENATOR TAYLOR queried Mr. Charlton as to his life                           
  experiences and family.  He described his employment                         
  schedule, his spouse, his children, and his involvement in                   
  building, repairing, and racing cars.                                        
                                                                               
  SENATOR TAYLOR asked Mr. Charlton's opinion of lawyers.  He                  
  explained the legal procedures in his office and how                         
  attorneys were selected by the RFP process.                                  
                                                                               
  Number 488                                                                   
                                                                               
  SENATOR LITTLE asked Mr. Charlton about his general feelings                 
  on the use of alcohol, and he said it was fine in                            
  moderation.  Since his heart problems, Mr. Charlton said he                  
  no longer used any alcohol.                                                  
                                                                               
  SENATOR TAYLOR thanked Mr. Charlton for his candid answers                   
  and wished him luck.                                                         
                                                                               
  MR. CHARLTON asked what would happen next, and there was a                   
  general discussion on the votes to be taken, assigned                        
  counsel, and the ethics code.                                                
                                                                               
  SENATOR TAYLOR next welcomed MR. WILLIAM BROWN to the "hot                   
  seat" and asked for his opening statement.                                   
                                                                               
  MR. BROWN explained his political interests during his two                   
  years in Juneau, as well as previous political involvement                   
  before coming to Juneau.  He felt he had the attributes to                   
  be able to see all sides of an issue.                                        
                                                                               
  Number 581                                                                   
                                                                               
  SENATOR TAYLOR asked for some background information on his                  
  work experience and family.                                                  
                                                                               
  MR. BROWN explained he had moved from Tacoma, Washington,                    
  had been a college professor since 1977, was married this                    
  past summer, and studied in many places because his father                   
  was in the navy.  He described his life in Juneau working on                 
  his house.                                                                   
                                                                               
  REPRESENTATIVE PORTER asked Mr. Brown if he knew Mr. Curry.                  
                                                                               
  MR. BROWN admitted to knowing who he is, but said he has                     
  little contact due to their different teaching assignments.                  
                                                                               
  Number 612                                                                   
                                                                               
  REPRESENTATIVE PORTER asked Mr. Brown if he might have a                     
  conflict of interest on the budget of the University of                      
  Alaska with sitting in judgement on a legislator.                            
                                                                               
  MR. BROWN said he would probably be aware of it, but felt he                 
  could see both sides and make objective opinions.  He didn't                 
  know how it would be perceived by the public.                                
                                                                               
  REPRESENTATIVE PORTER expressed concern at having state                      
  employees on the Ethics Committee because of a possible                      
  perception that the public would think a state employee                      
  would be overly protective.                                                  
                                                                               
  Number 660                                                                   
                                                                               
  MR. BROWN said he thought being objective was part of being                  
  a scientist.                                                                 
  REPRESENTATIVE PHILLIPS asked Mr. Brown how he would handle                  
  his teaching schedule if the Ethics Committee would be busy                  
  for weeks on end.                                                            
                                                                               
  MR. BROWN explained how his teaching schedule could be                       
  modified to meet the needs of the Ethics Committee.  He did                  
  hope the meetings would be in Juneau, but he described a                     
  contingency plan for trips to other places.  In addition,                    
  Mr. Brown said he does research and writing, which could be                  
  postponed in the event of a prolonged Ethics Committee                       
  meeting.                                                                     
                                                                               
  REPRESENTATIVE GREEN, in reference to Mr. Brown's letter,                    
  asked for clarification on one of his statements dealing                     
  with economics.                                                              
                                                                               
  MR. BROWN gave an example to explain his point of view as an                 
  economist, and he contrasted his view to that of Mr.                         
  Charlton's.                                                                  
                                                                               
  REPRESENTATIVE GREEN suggested Mr. Brown would be bringing                   
  in external things to make a judgement call.                                 
                                                                               
  MR. BROWN said it might help to see the intent through an                    
  economist's view point.  They discussed vague facts,                         
  negative intent, and being innocent until proven guilty.                     
  Mr. Brown said he was not looking for negative intent.                       
                                                                               
  Number 732                                                                   
                                                                               
  SENATOR TAYLOR paused in the deliberations to announce some                  
  economic news for the state - a $630 million tax settlement                  
  with British Petroleum America.                                              
                                                                               
  SENATOR LITTLE thanked Mr. Brown for his application to the                  
  Ethics Committee and stated he wanted to know if he had any                  
  familiarity with the Bush communities in Alaska.                             
                                                                               
  MR. BROWN explained that before moving to Alaska he had                      
  spent some time backpacking, but he hadn't lived in any                      
  other part of the state.  Much of his knowledge about the                    
  Native culture, he said, was from his wife who is a weaver.                  
                                                                               
  SENATOR LITTLE asked Mr. Brown if he had any experience with                 
  press pressure.                                                              
                                                                               
  MR. BROWN related a story to indicate he was a bit chary of                  
  the press.  He explained how he would respond to the press                   
  if asked about an ethics case.                                               
                                                                               
  SENATOR LITTLE questioned him as to whether he had formed                    
  any opinions about recent events involving legislators.                      
                                                                               
  MR. BROWN said he was aware of the events and explained what                 
  he would say.                                                                
                                                                               
  Number 821                                                                   
                                                                               
  REPRESENTATIVE DAVIDSON asked Mr. Brown if he had ever run                   
  for a partisan office.                                                       
                                                                               
  MR. BROWN reviewed working on campaigns, but said he never                   
  actually ran for a partisan office.                                          
                                                                               
  Number 840                                                                   
  REPRESENTATIVE DAVIDSON asked Mr. Brown for clarification on                 
  his information base for judging people who have run for                     
  elected office.                                                              
                                                                               
  MR. BROWN speculated as to why running for office might help                 
  him be more perceptive about the workings of the                             
  legislature.                                                                 
                                                                               
  TAPE 93-9, SIDE B                                                            
  Number 001                                                                   
                                                                               
  MR. BROWN said he had no reason to believe legislators were                  
  less ethical than any other occupations.                                     
                                                                               
  REPRESENTATIVE DAVIDSON said it seems that ethical behavior                  
  in politics is very complex, is not an ordinary life, nor                    
  are legislators a normal type of citizen.                                    
                                                                               
  SENATOR TAYLOR agreed with what Representative Davidson                      
  attempted to portray, but was unable to think of an analogy                  
  that would be of assistance.  He gave an example to show the                 
  inadvertent occurrence in government.                                        
                                                                               
  REPRESENTATIVE DAVIDSON said Senator Taylor had portrayed it                 
  correctly.                                                                   
                                                                               
  MR. BROWN acknowledged the difference in the life of a                       
  legislator and those in the academia, and referred to                        
  Senator Taylor's hypothetical example for his answer.  They                  
  discussed conflict-of-interest and voting self-interest.                     
                                                                               
  Number 209                                                                   
                                                                               
  REPRESENTATIVE JAMES said she was impressed with Dr. Brown's                 
  objectivity to look at both sides of an issue, and said she                  
  would not apply for an ethics position.  She asked to whom                   
  he owed his responsibility in his judgement.                                 
                                                                               
  MR. BROWN said he would not compromise his own ethics, and                   
  would step down rather than do so.  He described himself as                  
  a compassionate person.                                                      
                                                                               
  Number 279                                                                   
                                                                               
  REPRESENTATIVE GREEN asked how Mr. Brown could judge fairly                  
  under the pressure of being a member of a Democratic group                   
  who would want a certain decision.                                           
                                                                               
  MR. BROWN acknowledged he was a Democrat, but explained the                  
  focus would be on the ethical issue rather than his                          
  political party.                                                             
                                                                               
  REPRESENTATIVE PHILLIPS quoted his statement, "If everything                 
  I read in the paper is completely factual ...." and asked                    
  Mr. Brown if his imagination could stretch to think that                     
  could be a completely accurate statement in itself.                          
                                                                               
  MR. BROWN said there was probably a mix of sensationalism                    
  and truth, but he could not say whether it was an ethics                     
  violation.                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS said she wanted his personal opinion                 
  on whether everything he read in the paper could be true.                    
                                                                               
  MR. BROWN conceded sports scores were true.                                  
  REPRESENTATIVE PHILLIPS quizzed Mr. Brown on his political                   
  life before he moved to Alaska.  He explained most of his                    
  political tasks were door-to-door campaigning, but when he                   
  was in graduate school at the University of Colorado, he                     
  worked on economic projects dealing with school funding and                  
  tax issues with then Representative Timothy Wirth.  He                       
  didn't characterize these as being strictly political.                       
                                                                               
  Number 378                                                                   
                                                                               
  REPRESENTATIVE NORDLUND thought Mr. Brown's short residence                  
  in Alaska might have a bearing on his ability to perform the                 
  job on the committee.                                                        
                                                                               
  MR. BROWN repeated that he thought ethics were universal,                    
  and he explained more of his philosophy in this respect.                     
                                                                               
  REPRESENTATIVE GREEN asked Mr. Brown why he would want to be                 
  involved in the Ethics Committee.                                            
                                                                               
  MR. BROWN listed "being interesting" and "feeling good" as a                 
  couple of reasons.                                                           
                                                                               
  Number 415                                                                   
                                                                               
  SENATOR TAYLOR asked Mr. Brown, in reference to some                         
  articles from M.I.T., what kind of an economist he was.  He                  
  described himself as a "cautious interventionist," and                       
  explained his reasons.                                                       
                                                                               
  SENATOR TAYLOR was not concerned over Mr. Browns's views,                    
  and praised him for standing up for his convictions and                      
  accountability.                                                              
                                                                               
  SENATOR TAYLOR talked about the need for balance on the                      
  committee and asked Mr. Brown about his testimony as to "...                 
  certain standards that a public official needed to be                        
  upheld."  Senator Taylor asked his opinion on standards of                   
  conduct for "a priest, a pauper, a butcher, a baker, a                       
  candle stick maker, and a politician."                                       
                                                                               
  MR. BROWN explained there were some things the same for                      
  everyone, and he listed some acts as unethical for everyone.                 
  He then explained that "sexual harassment," when you grab a                  
  person who doesn't want to be grabbed, is always wrong, and                  
  he elaborated on this theme.  He discussed the "appearance"                  
  of the act as important, too.                                                
                                                                               
  Number 491                                                                   
                                                                               
  SENATOR TAYLOR said there was quite a significant difference                 
  between ethical conduct and criminal conduct, and he                         
  explained his perception that the difference is sometimes                    
  "blurred."  He gave a true example of another representative                 
  to describe his meaning.  Senator Taylor asked Mr. Brown if                  
  he thought that would be unethical conduct.                                  
                                                                               
  MR. BROWN didn't think it would be an ethical issue unless                   
  the drinking was effecting the behavior, and he said this                    
  was becoming more of an issue.  He listed some attributes                    
  for ethical behavior, such as honesty and trust.                             
                                                                               
  Number 545                                                                   
                                                                               
  SENATOR TAYLOR gave an example of former Representative                      
  Wilbur Mills as a brilliant member of Congress, who chaired                  
  one of the most influential committees in the House, where                   
  he crafted the Internal Revenue Code.  He was, also,                         
  apparently a raging alcoholic, whose behavior culminated in                  
  an embarrassing display in a water fountain.  Senator Taylor                 
  asked Mr. Brown if Representative Mill's alcohol problem was                 
  unethical.                                                                   
                                                                               
  MR. BROWN said he didn't think alcohol-induced behavior was                  
  unethical, but alcohol could cause a person to do something                  
  that was unethical.  He didn't think Representative Mill's                   
  act was unethical, but if he had used his authority to                       
  induce a sixteen year old girl to dance naked in the tidal                   
  pool with him, that would be unethical.  Mr. Brown thought                   
  that behavior would need close scrutiny, and elaborated on                   
  the disease of alcohol.                                                      
                                                                               
  Number 606                                                                   
                                                                               
  SENATOR TAYLOR said the committee was really looking for                     
  judges who would judge the legislators, and he said that was                 
  a difficult standard to meet.  He thanked Mr. Brown for his                  
  candid answers.                                                              
                                                                               
  REPRESENTATIVE FINKELSTEIN suggested Mr. Brown should read                   
  the ethics code, and Mr. Brown agreed it was a government of                 
  laws not people, but he reiterated his view of ethical                       
  behavior.                                                                    
                                                                               
  SENATOR TAYLOR praised Representative Finkelstein's question                 
  as a culmination to the process and explained jurisdiction                   
  as related to the statute of limitations.  He excused Mr.                    
  Brown.                                                                       
  Number 659                                                                   
                                                                               
  SENATOR TAYLOR introduced LEO LAND, from Haines, who wished                  
  to testify.                                                                  
                                                                               
  MR. LAND asked how it was decided who would be appointed as                  
  a candidate.                                                                 
                                                                               
  SENATOR TAYLOR explained the initial selection was by Chief                  
  Justice Daniel Moore, and he reviewed the appointment                        
  process.  He explained that Mr. Charlton and Mr. Brown had                   
  come from a list of alternates.  Senator Taylor also                         
  explained that Justice Moore had been asked to send names of                 
  those with Bush experience, and females - for gender                         
  balance.                                                                     
                                                                               
  Number 684                                                                   
                                                                               
  MR. LAND shared some of his own political history, and said                  
  he hoped the process would soon end.                                         
                                                                               
  SENATOR TAYLOR said the difficulty was a 2/3 vote in both                    
  the House and Senate.  He again referred to the high                         
  standard required of Ethics Committee members to sit in                      
  judgement on the legislators.                                                
                                                                               
  There being no further business to come before the                           
  committee, SENATOR TAYLOR adjourned the meeting at 5:25 p.m.                 

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