Legislature(1993 - 1994)

02/24/1993 03:30 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     JOINT HOUSE AND SENATE                                    
                  JUDICIARY STANDING COMMITTEES                                
                        February 24, 1993                                      
                            3:30 p.m.                                          
                                                                               
                                                                               
  HOUSE MEMBERS PRESENT                                                        
                                                                               
  Rep. Brian Porter                                                            
  Rep. Jeannette James                                                         
  Rep. Gail Phillips                                                           
  Rep. Joe Green                                                               
  Rep. Pete Kott                                                               
  Rep. Jim Nordlund                                                            
  Rep. Cliff Davidson                                                          
                                                                               
  HOUSE MEMBERS ABSENT                                                         
                                                                               
  None                                                                         
                                                                               
  SENATE MEMBERS PRESENT                                                       
                                                                               
  Sen. Robin Taylor, Chairman                                                  
  Sen. Rick Halford                                                            
  Sen. George Jacko                                                            
  Sen. Suzanne Little                                                          
  Sen. Dave Donley                                                             
                                                                               
  SENATE MEMBERS ABSENT                                                        
                                                                               
  None                                                                         
                                                                               
  OTHER LEGISLATORS PRESENT                                                    
                                                                               
  Sen. Georgianna Lincoln                                                      
  Sen. Loren Leman                                                             
  Rep. Eileen MacLean                                                          
  Rep. Bill Williams                                                           
  Rep. Jerry Mackie                                                            
  Rep. David Finkelstein                                                       
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  Confirmation Hearings - Public Members of the Select                         
  Committee on Legislative Ethics                                              
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  ANNIE LAURIE HOWARD                                                          
  3220 Amber Bay Circle                                                        
  Anchorage, Alaska 99515                                                      
  Phone:  344-9289                                                             
  Position Statement:  Answered committee questions                            
                                                                               
  EDITH VORDERSTRASSE                                                          
  P.O. Box 214                                                                 
  Barrow, Alaska 99723                                                         
  Phone:  852-2010                                                             
  Position Statement:  Answered committee questions                            
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-21, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN TAYLOR called the Joint House and Senate Judiciary                  
  Committee meeting to order at 3:40 p.m.  He noted members of                 
  both committees who were present.  He announced that the                     
  purpose of the meeting was to review four appointees to the                  
  Select Committee on Legislative Ethics.  He asked Mrs. Annie                 
  Laurie Howard to address the committee first.                                
                                                                               
  Number 045                                                                   
                                                                               
  MRS. ANNIE LAURIE HOWARD said that she thought many of the                   
  committee members knew her from her service on the Alaska                    
  Public Offices Commission (APOC) and her participation in                    
  COGEL, the Congress on Governmental Ethics Laws.  She said                   
  that she had applied for a seat on the Select Committee on                   
  Legislative Ethics because she had worked closely with Rep.                  
  David Finkelstein and former Sen. Virginia Collins in                        
  drafting the ethics law that passed the year before.                         
                                                                               
  MRS. HOWARD stated that she was aware that the Joint                         
  Judiciary Committee had already interviewed a number of                      
  outstanding nominees, and she had assumed that her                           
  application to serve on the ethics committee was not going                   
  to amount to anything.  She said that one day earlier she                    
  had been informed that she was a nominee.                                    
                                                                               
  MRS. HOWARD stated that she served on the steering committee                 
  of COGEL, an organization made up of all 50 states and some                  
  foreign countries.  She said the organization was concerned                  
  with campaign finance and ethics.  She added that she felt                   
  very strongly that the legislature needed a very strong,                     
  non-partisan, apolitical ethics committee.                                   
                                                                               
  Number 107                                                                   
                                                                               
  REP. DAVIDSON asked Mrs. Howard to outline the process that                  
  she had gone through in applying to be on the ethics                         
  committee.                                                                   
                                                                               
  Number 120                                                                   
                                                                               
  MRS. HOWARD responded that after the ethics law passed, a                    
  notice went out asking that members of the public interested                 
  in serving on the ethics committee submit resumes to Chief                   
  Justice Moore.  She said she sent a resume to the Chief                      
  Justice, and received a telephone call from him some time in                 
  November.  He indicated that 84 people had applied to serve                  
  on the committee, and that those people who were to be                       
  nominees would be notified by a certain date.  When that                     
  date had come and gone, she said, she assumed that she had                   
  not been selected as a nominee.                                              
                                                                               
  MRS. HOWARD noted that some of the earlier nominees had been                 
  rejected, but she had not given her application any more                     
  thought.  She said that since she had not been on the                        
  original list of nominees, and because she had been out of                   
  town for a while and involved in other projects, she had not                 
  been thinking about her application.  The day before, she                    
  added, she was going about her business when she received                    
  word that she needed to go to Juneau the next day for a                      
  confirmation hearing.                                                        
                                                                               
  Number 163                                                                   
                                                                               
  REP. DAVIDSON asked Mrs. Howard if she had had time to read                  
  the new ethics law.                                                          
                                                                               
  MRS. HOWARD replied that she had read the law, and in fact                   
  had helped to write it.                                                      
                                                                               
  REP. DAVIDSON thanked Mrs. Howard for being willing to serve                 
  on the ethics committee.                                                     
                                                                               
  MRS. HOWARD noted that there used to be only two public                      
  members on the ethics committee.  She said that public input                 
  was what gave APOC strength, in her opinion; therefore, she                  
  felt very strongly about the relatively large number of                      
  public members on the ethics committee.                                      
                                                                               
  Number 196                                                                   
                                                                               
  REP. DAVIDSON asked Mrs. Howard about her comments that she                  
  probably knew a great deal more about ethics than some                       
  legislators did.  He commented that ethics was a growth                      
  industry.  He asked Mrs. Howard if she had ever been                         
  involved in a political campaign.                                            
                                                                               
  Number 209                                                                   
                                                                               
  MRS. HOWARD explained that one year she had worked on Jan                    
  Faiks' campaign.  Shortly after that, she added, she began                   
  her service on APOC.  During that service, she said, she was                 
  completely apolitical, not so much as contributing to any                    
  political campaigns.  She said that there was a great deal                   
  of comfort in being totally absent from the tribulations of                  
  political parties.                                                           
                                                                               
  Number 225                                                                   
                                                                               
  REP. DAVIDSON asked Mrs. Howard if she felt that it made any                 
  difference that there were partisan labels on the public                     
  members of the ethics committee.                                             
                                                                               
  Number 232                                                                   
                                                                               
  MRS. HOWARD responded that she did not feel that it made any                 
  difference.  She added that, in her opinion, the only reason                 
  there were partisan nominees was so that the public would                    
  feel that the nominees had been selected impartially.                        
  However, she noted that she felt that the ethics committee                   
  should be totally apolitical and nonpartisan.  She noted                     
  similarities between the ethics committee and APOC.  She                     
  stated that she had seen no partisanship on APOC.  She                       
  expressed her opinion that ethics committee members should                   
  be precluded from any political activity whatsoever.                         
                                                                               
  Number 273                                                                   
                                                                               
  REP. DAVIDSON asked if Mrs. Howard believed that the                         
  selection process to date had been nonpolitical.  He also                    
  asked Mrs. Howard why she felt qualified to judge                            
  legislators.                                                                 
                                                                               
  Number 277                                                                   
                                                                               
  MRS. HOWARD replied that she did not feel qualified to judge                 
  legislators or anyone else.  She expressed her opinion that                  
  ethics could not be legislated, but the only thing that                      
  could be done was to evaluate the ethicalness of an act.                     
  She stated that a person either had ethics or did not have                   
  ethics.  Mrs. Howard said that what might be ethical for one                 
  person would not necessarily be ethical to another person.                   
                                                                               
  REP. DAVIDSON asked if Mrs. Howard meant that ethics were                    
  comparative.                                                                 
                                                                               
  Number 288                                                                   
                                                                               
  MRS. HOWARD replied that she did not think that ethics were                  
  comparative.  She asserted her belief that it was important                  
  that no determinations be made until all of the facts were                   
  known.  She stated that ethics was a nebulous thing.  She                    
  mentioned an instance in her past when, after an APOC                        
  hearing, a legislator who appreciated the way she had voted                  
  sent her roses.  She felt that it was unethical for her to                   
  accept the flowers, so she called the legislator and told                    
  him that she would be donating them to the Pioneer's Home.                   
  She concluded by saying that it was hard to define ethics,                   
  but she knew them when she saw them.                                         
                                                                               
  Number 330                                                                   
                                                                               
  REP. DAVIDSON thanked Mrs. Howard for her responses.  He                     
  withdrew his question about her opinion of the selection                     
  process.                                                                     
                                                                               
  MRS. HOWARD stated that she did not think that she had any                   
  greater handle on ethics than anyone else did.  But, she                     
  said, she had the advantage of learning about ethics                         
  committees in the other 50 states through her work with                      
  COGEL.                                                                       
                                                                               
  Number 340                                                                   
                                                                               
  REP. GREEN noted that there had been a change in acceptable                  
  behavior over the years and wondered how Mrs. Howard would                   
  view actions that were acceptable by today's standards, but                  
  unacceptable when she was younger.                                           
                                                                               
  Number 375                                                                   
                                                                               
  MRS. HOWARD said that as the mother of two sons, and as                      
  someone who had been associated with young people over the                   
  years, she had to learn to change some of her views.  She                    
  said that she had to recognize that her sons danced to a                     
  different drummer than did she.  She noted that she had a                    
  degree in special education and she had learned that                         
  although the Lord might have made people equal in some                       
  respects, He had not done so in other respects.  She                         
  commented that people had to accept other people as they                     
  were.                                                                        
                                                                               
  Number 409                                                                   
                                                                               
  REP. GREEN asked Mrs. Howard if she would evaluate an                        
  identical act, performed by three different legislators of                   
  different ages, equally.                                                     
                                                                               
  Number 429                                                                   
                                                                               
  MRS. HOWARD said that her evaluation would depend entirely                   
  on the circumstances surrounding the situation.  She stated                  
  that she believed that judgments should not be made relative                 
  to a person's age.  She remarked that a person's age might                   
  be a qualifying factor that would come into play.                            
                                                                               
  MRS. HOWARD said that all of the facts needed to be                          
  considered before decisions could be made about a person's                   
  behavior.  She noted that each ethics committee member would                 
  carry her or his own mores into the committee with them, but                 
  would need to be totally impartial.  She likened the                         
  committee to a jury, in that jurors could not enter jury                     
  service with their own prejudices.  Jurors have to listen to                 
  the facts and make a determination based on those facts.                     
  She added that a juror could not be biased by a defendant's                  
  status, but needed to be completely impartial.                               
                                                                               
  MRS. HOWARD stated that nothing was either totally black or                  
  totally white.  She added that one's circumstances needed to                 
  be taken into consideration when a situation was being                       
  evaluated.                                                                   
                                                                               
  REP. GREEN sought to encapsulize Mrs. Howard's response.                     
                                                                               
  Number 490                                                                   
                                                                               
  MRS. HOWARD said there might be circumstances where the age                  
  of an individual was relevant, as the individual might be                    
  senile.                                                                      
                                                                               
  Number 500                                                                   
                                                                               
  REP. KOTT asked Mrs. Howard if she had any close economic                    
  associations or personal relationships with anyone who was                   
  involved with state government.                                              
                                                                               
  Number 507                                                                   
                                                                               
  MRS. HOWARD noted that she had many friends, acquaintances,                  
  and associates who were involved in state government.                        
  However, she had no familial or business relationships with                  
  any of those people.                                                         
                                                                               
  Number 522                                                                   
                                                                               
  REP. KOTT mentioned that Mrs. Howard had put down a                          
  legislator as a personal reference on her application.  He                   
  asked her to comment on her relationship with that                           
  legislator, and whether or not that relationship would                       
  affect her impartiality.                                                     
                                                                               
  Number 529                                                                   
                                                                               
  MRS. HOWARD replied that Senator Kerttula had taken an                       
  interest in her a number of years ago when she was ill.                      
  But, she said, she did not share a close personal friendship                 
  with him.  She said that regardless of who the ethics                        
  committee was evaluating, she would give her or him the                      
  benefit of the doubt and listen to all of the facts                          
  surrounding an allegation.                                                   
                                                                               
  Number 560                                                                   
                                                                               
  REP. KOTT asked Mrs. Howard to comment on what ethics                        
  problems she believed to exist currently.                                    
                                                                               
  MRS. HOWARD commented that the state of Louisiana had                        
  decided to abolish its ethics law.  She added that some                      
  other states were combining ethics and campaign finance                      
  laws, which she thought was a good idea.  She noted that                     
  South Carolina did not have an ethics watchdog group.                        
                                                                               
  CHAIRMAN TAYLOR stated that he did not want anyone to feel                   
  limited in time or scope of discussion.                                      
                                                                               
  REP. PORTER asked Mrs. Howard if she could impartially                       
  investigate an allegation against him, in light of their                     
  past association with the Neighborhood Watch program.                        
                                                                               
  Number 617                                                                   
                                                                               
  MRS. HOWARD cited an example from her past, in which she had                 
  impartially evaluated an acquaintance.                                       
                                                                               
  Number 626                                                                   
                                                                               
  REP. PORTER asked Mrs. Howard if she had formed any opinions                 
  about recent allegations against legislators.                                
                                                                               
  Number 633                                                                   
                                                                               
  MRS. HOWARD replied that because she knew that there was an                  
  outside chance that she might be nominated to serve on the                   
  ethics committee, she had refused to pay any attention to                    
  accounts of the allegations.  She commented that during her                  
  tenure with APOC, the members would be sent information in                   
  advance of meetings.  She commented that it was difficult,                   
  in those circumstances, not to form a subconscious opinion                   
  before arriving at the meeting.                                              
                                                                               
  Number 663                                                                   
                                                                               
  REP. PHILLIPS commented on Mrs. Howard's work with Rep.                      
  Finkelstein and former Sen. Collins on drafting the ethics                   
  law, and also on her work with COGEL.  She asked Mrs. Howard                 
  if she were encouraged by any legislator to apply to serve                   
  on the ethics committee.                                                     
                                                                               
  Number 684                                                                   
                                                                               
  MRS. HOWARD said that no legislator had encouraged her to                    
  apply.                                                                       
                                                                               
  Number 686                                                                   
                                                                               
  REP. PHILLIPS noted that the ethics law required the                         
  legislature to select public members based on party                          
  affiliation.  She asked Mrs. Howard about her earlier                        
  statement that an ethics committee member needed to be                       
  totally nonpolitical.  She asked if Mrs. Howard thought that                 
  it was possible for a person to be totally nonpolitical on a                 
  committee like the ethics committee.                                         
                                                                               
  Number 694                                                                   
                                                                               
  MRS. HOWARD said she thought it was indeed possible, as she                  
  was totally nonpolitical during her APOC service.  She said                  
  that committee members would not be denied the opportunity                   
  to register and vote, but would not participate in or                        
  contribute to campaigns.  She said members would go into the                 
  committee "washed clean" of any political philosophy.                        
                                                                               
  Number 719                                                                   
                                                                               
  REP. PHILLIPS asked Mrs. Howard if she would have difficulty                 
  spending long periods of time in Juneau working on committee                 
  business.                                                                    
                                                                               
  Number 724                                                                   
                                                                               
  MRS. HOWARD responded that she would have no problem                         
  spending time in Juneau on committee business.  She noted                    
  that she and her husband traveled frequently, and that on a                  
  couple of occasions urgent APOC business had come up, but                    
  she was able to be reached by telephone.                                     
                                                                               
  Number 734                                                                   
                                                                               
  REP. PHILLIPS asked Mrs. Howard to explain why she felt that                 
  it was important to have an ethics law and an ethics                         
  committee.                                                                   
                                                                               
  Number 738                                                                   
                                                                               
  MRS. HOWARD commented that ethics could not be legislated,                   
  but perceived breaches in ethics could be penalized.  She                    
  said it was important to deal with perceived breaches of                     
  ethics in an arena apart from the rest of the legislature.                   
  She added that in order to resolve situations involving                      
  ethics, it was important that people not closely allied with                 
  the subject of the investigation were involved.                              
                                                                               
  Number 757                                                                   
                                                                               
  SEN. LITTLE thanked Mrs. Howard for applying to serve on the                 
  ethics committee.  She asked Mrs. Howard if she felt that                    
  unethical behavior among legislators could be changed.                       
                                                                               
  Number 764                                                                   
                                                                               
  MRS. HOWARD replied that an attempt should be made to change                 
  unethical behavior.  She added that she did not see the                      
  ethics committee as a "missionary committee," but a                          
  committee that evaluated specific incidents or allegations.                  
  She said it was her hope that no business would come before                  
  the committee, because that would mean that no unethical                     
  behavior had occurred.                                                       
                                                                               
  MRS. HOWARD commented that she did not see the committee's                   
  role as setting out to change the behavior of legislators.                   
  She added her belief that people were either ethical or                      
  unethical.  She referred to the ethics committee as a                        
  "watchdog" organization that might serve as a partial                        
  deterrent.  She said she did not think that it was up to the                 
  committee to tell an individual how to live.                                 
                                                                               
  TAPE 93-21, SIDE B                                                           
  Number 000                                                                   
                                                                               
  SEN. LITTLE asked Mrs. Howard if she had dealt with pressure                 
  from the media in the past, and whether she perceived that                   
  it would be a problem if she served on the ethics committee.                 
                                                                               
  Number 006                                                                   
                                                                               
  MRS. HOWARD replied that she had experienced constant media                  
  pressure during her APOC service.  She explained that she                    
  had learned to dodge the press as well as to answer                          
  questions from the media.                                                    
                                                                               
  Number 017                                                                   
                                                                               
  SEN. LITTLE asked Mrs. Howard if she had made any comments                   
  to her friends about the recent allegations raised against                   
  legislators.                                                                 
                                                                               
  MRS. HOWARD said that she had avoided making comments about                  
  the allegations because she had applied to serve on the                      
  ethics committee.                                                            
                                                                               
  (Sen. Donley arrived.)                                                       
                                                                               
  Number 041                                                                   
                                                                               
  REP. JAMES congratulated Mrs. Howard for being selected as a                 
  nominee.  She also told Mrs. Howard that she appreciated her                 
  candor.  She asked Mrs. Howard if her personal philosophy                    
  would come into play during her deliberations as a member of                 
  the ethics committee.                                                        
                                                                               
  Number 069                                                                   
                                                                               
  MRS. HOWARD said that people were who they were because of                   
  conviction.  She stated that her service on APOC had been an                 
  education and a tremendous growth experience for her.  She                   
  said that when sitting on the ethics committee, one would                    
  have to disqualify one's personal convictions and look at                    
  the facts.                                                                   
                                                                               
  Number 109                                                                   
                                                                               
  REP. JAMES commented that there was a public perception of                   
  unethical behavior among legislators.  She asked Mrs. Howard                 
  if she agreed that the ethics law and the ethics committee                   
  might set the public's mind at ease to some extent.                          
                                                                               
  Number 125                                                                   
                                                                               
  MRS. HOWARD said that she did not necessarily feel that                      
  legislators were unethical.  She said that legislators, like                 
  all human beings, made mistakes.  She noted that external                    
  data might give a person a certain perception, but setting                   
  aside one's own judgmental factors and looking at the facts                  
  would lead one to a conclusion.                                              
                                                                               
  Number 164                                                                   
                                                                               
  REP. GREEN noted that perceptions were often formed rapidly.                 
  He asked Mrs. Howard how she separated fact from fiction.                    
                                                                               
  Number 206                                                                   
                                                                               
  MRS. HOWARD replied that one had to take things at face                      
  value, up to a point.  She added that she liked to believe                   
  that she had sufficient intelligence to make evaluations.                    
  She said she asked questions and used her judgment.                          
                                                                               
  Number 248                                                                   
                                                                               
  REP. DAVIDSON commented that anyone could accuse anyone else                 
  of anything at any time.  He asked how she would deal with                   
  false accusations.                                                           
                                                                               
  Number 260                                                                   
                                                                               
  MRS. HOWARD replied that she would become incensed with a                    
  person who made a false accusation.  She thought that false                  
  accusers should be penalized.                                                
                                                                               
  REP. DAVIDSON asked Mrs. Howard if she hastily judged the                    
  press.                                                                       
                                                                               
  MRS. HOWARD replied that she did not hastily judge the                       
  press, but she did challenge erroneous statements made by                    
  the media.  She cited an example in which a statement had                    
  been falsely attributed to her by the press.  She had                        
  insisted on a retraction.                                                    
                                                                               
  Number 310                                                                   
                                                                               
  REP. KOTT asked Mrs. Howard if she felt that there ought to                  
  be different standards applied to public officials than                      
  those applied to people in other occupations.                                
                                                                               
  Number 321                                                                   
                                                                               
  MRS. HOWARD said that she did feel that way, to a certain                    
  extent.  She commented that the people entrusted legislators                 
  with running the state, and because of this, they should be                  
  circumspect.  She stated that she did not believe that                       
  legislators as a group were unethical.  She added that                       
  candidates for office should be scrutinized.  Mrs. Howard                    
  noted that public officials should not be expected to be                     
  perfect, as all people made mistakes and regretted past                      
  actions.  She stated that each person needed to do the best                  
  that she or he could.                                                        
                                                                               
  Number 370                                                                   
                                                                               
  REP. KOTT asked how she would respond to a statement that                    
  there was no difference between unethical behavior and                       
  violating a law.                                                             
                                                                               
  Number 375                                                                   
                                                                               
  MRS. HOWARD replied that Rep. Kott had mentioned two                         
  different things.  She said violating a law was not an                       
  ethical thing to do, but it depended on the circumstances                    
  and on the law.  She said it was her understanding that the                  
  ethics committee would not deal with criminal acts and civil                 
  violations, but with ethics.  She stated that an ethical                     
  violation was not necessarily a violation of the law.                        
                                                                               
  MRS. HOWARD noted that one could not place ethics in a box                   
  and say "this is ethics."  One could only penalize unethical                 
  behavior.                                                                    
                                                                               
  Number 407                                                                   
                                                                               
  CHAIRMAN TAYLOR asked Mrs. Howard if she had in mind a set                   
  grouping of concepts, laws, moralities, or ideals that she                   
  considered to be "ethical."                                                  
                                                                               
  Number 419                                                                   
                                                                               
  MRS. HOWARD replied that the chairman's question was                         
  difficult to answer.  She noted that ethics was a nebulous                   
  quantity.                                                                    
                                                                               
  Number 432                                                                   
                                                                               
  CHAIRMAN TAYLOR asked Mrs. Howard if she thought that John                   
  F. Kennedy's womanizing was unethical.                                       
                                                                               
  Number 438                                                                   
                                                                               
  MRS. HOWARD replied that she felt that it was not unethical,                 
  unless it had adversely impacted the administration of his                   
  presidential duties.  She said she felt that it was a matter                 
  between a man and his conscience.  She noted that she would                  
  not personally engage in abortion, but she felt it was a                     
  matter between a woman and her conscience.                                   
                                                                               
  Number 462                                                                   
                                                                               
  CHAIRMAN TAYLOR asked Mrs. Howard if Gary Hart's conduct had                 
  been unethical.                                                              
                                                                               
  Number 466                                                                   
                                                                               
  MRS. HOWARD said that the Gary Hart situation was a moral                    
  matter, not an ethical one.  She said that she viewed ethics                 
  in relation to his duties as a public official.  She                         
  mentioned Senator Bob Packwood and said that the ethicalness                 
  or unethicalness of his behavior would depend on how it all                  
  reflected on his job as a public servant.                                    
                                                                               
  Number 485                                                                   
                                                                               
  CHAIRMAN TAYLOR mentioned Wilbur Mills, the father of the                    
  Internal Revenue Code, who was an alcoholic.  He asked Mrs.                  
  Howard if Mills' alcoholism was unethical.                                   
                                                                               
  Number 497                                                                   
                                                                               
  MRS. HOWARD commented that it would depend on whether or not                 
  his alcoholism affected his job as a public servant.                         
                                                                               
  Number 506                                                                   
                                                                               
  CHAIRMAN TAYLOR commented that he was trying to make a point                 
  that there was a difference between morality, criminality,                   
  and ethics.                                                                  
                                                                               
  Number 508                                                                   
                                                                               
  MRS. HOWARD related an incident from her APOC tenure in                      
  which a legislator had castigated her for the way she had                    
  voted.  She said she found that legislator's behavior to be                  
  extremely unethical.                                                         
                                                                               
  Number 544                                                                   
                                                                               
  REP. NORDLUND commented that Mrs. Howard's history of                        
  political activity troubled some legislators.  He noted that                 
  the legislature had rejected another nominee, Dr. Rodman                     
  Wilson, because of his political activity.  Rep. Nordlund                    
  asked Mrs. Howard if she felt that she should be                             
  disqualified for the same reason.                                            
                                                                               
  Number 560                                                                   
                                                                               
  MRS. HOWARD responded that she had not been politically                      
  active for the past six and one-half years, since she became                 
  a member of APOC.                                                            
                                                                               
  Number 577                                                                   
                                                                               
  REP. DAVIDSON commented that Chairman Taylor could probably                  
  come up with less-partisan examples of unethical behavior if                 
  he tried.                                                                    
                                                                               
  Number 588                                                                   
                                                                               
  REP. FINKELSTEIN asked Mrs. Howard if she felt that Dr.                      
  Wilson's political involvement had interfered with his                       
  ability to be objective while serving on APOC.                               
                                                                               
  Number 592                                                                   
                                                                               
  MRS. HOWARD replied that Dr. Wilson's past political                         
  activity had not interfered with his work on APOC.                           
                                                                               
  Number 595                                                                   
                                                                               
  REP. FINKELSTEIN commented that the ethics law required that                 
  the ethics committee apply employment discrimination                         
  statutes, including sexual harassment statutes to                            
  legislators.  He said that those statutes did not require                    
  that sexual harassment activities affected the "harasser's"                  
  work.                                                                        
                                                                               
  Number 610                                                                   
                                                                               
  MRS. HOWARD replied that harassment would definitely affect                  
  a public official's work.                                                    
                                                                               
  Number 617                                                                   
                                                                               
  REP. PHILLIPS expressed her opinion that Dr. Wilson's                        
  rejection had nothing to do with his political activities,                   
  but rather his comments to the press about recent                            
  allegations against legislators.                                             
                                                                               
  Number 635                                                                   
                                                                               
  CHAIRMAN TAYLOR thanked Mrs. Howard for appearing before the                 
  committee.  He announced that there would be a five minute                   
  break before the committee heard from Mrs. Edith                             
  Vorderstrasse.  He noted that due to a Senate majority                       
  caucus at 6:30 p.m., the hearings would spill over to the                    
  next day.                                                                    
                                                                               
  TAPE 93-22, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN TAYLOR reconvened the meeting at 5:13 p.m.  He                      
  asked EDITH VORDERSTRASSE to come forward and address the                    
  committee.  He notified VIRGINIA JOHNSON and SHIRLEY MCCOY                   
  that they would appear before the committee the following                    
  afternoon.  He asked Mrs. Vorderstrasse if she would like to                 
  offer an opening statement.                                                  
                                                                               
  Number 027                                                                   
                                                                               
  MRS. EDITH VORDERSTRASSE said that she had applied to serve                  
  on the ethics committee because she felt that each                           
  individual should be responsible for her or his actions.                     
  She said that she felt that she was qualified to serve on                    
  the ethics committee because of her involvement with several                 
  boards.  She noted that the North Slope Borough personnel                    
  board was similar to the ethics committee in that members                    
  heard all sides of an issue and then made a decision.                        
                                                                               
  MRS. VORDERSTRASSE stated that her family supported her                      
  decision to apply to serve on the ethics committee.  She                     
  mentioned that she had heard on the radio that interested                    
  members of the public were being asked to apply for seats on                 
  the ethics committee.  She applied and was notified in late                  
  December that she was not one of the top ten applicants.                     
  She said that Chief Justice Moore contacted her two weeks                    
  earlier to ask if she were still interested in being on the                  
  committee.  She replied that she was still interested, and                   
  about four days later, Chief Justice Moore called again to                   
  say that her name would be forwarded to the legislature.                     
                                                                               
  Number 082                                                                   
                                                                               
  REP. PORTER mentioned that Mrs. Vorderstrasse had worked for                 
  Rep. Eileen MacLean.  He asked if she could be impartial                     
  when hearing allegations against Rep. MacLean.                               
                                                                               
  Number 099                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that she felt that she could be                   
  impartial.  She added that she knew several legislators.                     
  She said she did not make decisions based on media accounts,                 
  but rather on what was brought before her during a hearing.                  
                                                                               
  Number 119                                                                   
                                                                               
  REP. PORTER asked Mrs. Vorderstrasse if she thought that the                 
  public would perceive a problem, recognizing her past                        
  relationships with legislators, with her serving on the                      
  ethics committee.                                                            
                                                                               
  Number 128                                                                   
                                                                               
  MRS. VORDERSTRASSE responded that someone would always                       
  perceive a conflict of interest in a given situation.                        
                                                                               
  Number 144                                                                   
                                                                               
  REP. PORTER asked Mrs. Vorderstrasse if she had formed any                   
  opinions about recent allegations made against legislators.                  
                                                                               
  Number 148                                                                   
                                                                               
  MRS. VORDERSTRASSE indicated that she had not, because she                   
  had applied to serve on the ethics committee.  She added                     
  that she could not make a decision based on accounts in the                  
  press.                                                                       
                                                                               
  Number 165                                                                   
                                                                               
  REP. PHILLIPS questioned Mrs. Vorderstrasse on a statement                   
  in her cover letter which said, "we must quit excusing                       
  unethical behavior of our leaders."  She asked Mrs.                          
  Vorderstrasse to explain what she perceived to be unethical                  
  behavior.                                                                    
                                                                               
  Number 171                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that what might be ethical to her                 
  might not be ethical to someone else.  Regarding John F.                     
  Kennedy, she said that she did not know whether or not the                   
  allegations against him were true, and therefore could not                   
  comment on whether his behavior was ethical or not.  She                     
  said that individuals needed to be responsible for their                     
  actions.  She noted that elected officials were there to                     
  represent their constituents and the state of Alaska.  She                   
  said public officials had been entrusted to act for their                    
  constituents' and the state's best interests.                                
                                                                               
  Number 205                                                                   
                                                                               
  REP. PHILLIPS asked Mrs. Vorderstrasse if she perceived that                 
  the legislature was taking unethical actions that she was                    
  uncomfortable about, or that she would hesitate to make a                    
  decision about, if she were appointed to the ethics                          
  committee.                                                                   
                                                                               
  Number 215                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that she did not think so.  She                   
  added that no evidence had been brought before her, and what                 
  she was told by the press was not necessarily true.                          
                                                                               
  Number 227                                                                   
                                                                               
  SEN. LITTLE thanked Mrs. Vorderstrasse for applying to serve                 
  on the ethics committee.  She asked Mrs. Vorderstrasse if                    
  she would have any difficulty spending time in Juneau on                     
  ethics committee business.                                                   
                                                                               
  Number 241                                                                   
                                                                               
  MRS. VORDERSTRASSE said that she saw no problem with                         
  spending time in Juneau.                                                     
                                                                               
  Number 258                                                                   
                                                                               
  SEN. LITTLE asked Mrs. Vorderstrasse if she had experience                   
  dealing with the press, and whether or not she perceived the                 
  media pressure that the ethics committee members would                       
  likely endure as a problem.                                                  
                                                                               
  Number 266                                                                   
                                                                               
  MRS. VORDERSTRASSE indicated that she had no problems in                     
  dealing with the press in the past, as a school board member                 
  and a Native corporation board member.                                       
                                                                               
  Number 282                                                                   
                                                                               
  SEN. LITTLE asked Mrs. Vorderstrasse if she had formed any                   
  opinions about recent allegations against legislators.                       
                                                                               
  Number 288                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that she had drawn no                             
  conclusions, although the newspapers were full of articles                   
  about the allegations.                                                       
                                                                               
  Number 297                                                                   
                                                                               
  SEN. JACKO thanked Mrs. Vorderstrasse for applying to serve                  
  on the ethics committee.  He asked her if she had been                       
  referring to the public's perception that the legislature                    
  engaged in unethical behavior when she wrote the                             
  aforementioned statement in her cover letter.                                
                                                                               
  Number 309                                                                   
                                                                               
  MRS. VORDERSTRASSE responded that the public perceived                       
  public officials as unethical.  She noted that assumptions                   
  got people into trouble.                                                     
                                                                               
  SEN. JACKO asked Mrs. Vorderstrasse if she attributed her                    
  perception that legislators engaged in unethical behavior to                 
  the media or to her prior work as a legislative staffer.                     
                                                                               
  MRS. VORDERSTRASSE said that she did not attribute it to                     
  either the media or her tenure as a legislative aide.  She                   
  said that each individual had her or his own set of morals                   
  and ethics.                                                                  
                                                                               
  Number 351                                                                   
                                                                               
  REP. KOTT asked Mrs. Vorderstrasse if she had any close                      
  economic associations or personal relationships with anyone                  
  involved in state government.                                                
                                                                               
  Number 363                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that she did not.                                 
                                                                               
  Number 367                                                                   
                                                                               
  REP. KOTT asked Mrs. Vorderstrasse to tell him about the                     
  business that she owned, Border Ventures.                                    
                                                                               
  Number 370                                                                   
                                                                               
  MRS. VORDERSTRASSE indicated that she and her husband owned                  
  Border Ventures, a general contracting business.                             
                                                                               
  Number 379                                                                   
                                                                               
  REP. KOTT asked if Border Ventures had been a successful                     
  business.                                                                    
                                                                               
  Number 381                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that the business had its ups and                 
  downs, like any other business.                                              
                                                                               
  Number 388                                                                   
                                                                               
  REP. PORTER asked Mrs. Vorderstrasse if she had read the                     
  ethics law.                                                                  
                                                                               
  MRS. VORDERSTRASSE responded that she had read it.                           
                                                                               
  REP. PORTER commented that as a member of the ethics                         
  committee, Mrs. Vorderstrasse would be applying the ethics                   
  law to a given situation and not her own personal code of                    
  ethics.  He asked what she would do in the event that a                      
  provision of the ethics law did not mesh with her personal                   
  code of ethics.                                                              
                                                                               
  Number 399                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that she would apply the ethics                   
  law to the situation, because it was the guideline used by                   
  the committee.                                                               
                                                                               
  Number 403                                                                   
                                                                               
  REP. PHILLIPS asked Mrs. Vorderstrasse if she felt that                      
  legislators ought to be held to a higher ethical standard                    
  than other individuals.                                                      
                                                                               
  MRS. VORDERSTRASSE said she did feel that they should be                     
  held to a higher ethical standard, because constituents                      
  entrusted them with the authority to act in their best                       
  interests and in the best interest of the state.                             
                                                                               
  REP. PHILLIPS asked Mrs. Vorderstrasse why she felt it was                   
  important that the legislature have an ethics committee and                  
  an ethics law.                                                               
                                                                               
  Number 417                                                                   
                                                                               
  MRS. VORDERSTRASSE said it was important because everyone                    
  was entitled to due process.                                                 
                                                                               
  Number 425                                                                   
                                                                               
  REP. GREEN asked Mrs. Vorderstrasse if she would view                        
  individuals of different ages or genders as being held to                    
  different standards of ethical behavior.                                     
                                                                               
  Number 453                                                                   
                                                                               
  MRS. VORDERSTRASSE said that all individuals should be held                  
  equally accountable for their behavior.                                      
                                                                               
  Number 470                                                                   
                                                                               
  REP. GREEN commented on geographical differences in how                      
  behavior was perceived.  He asked if Mrs. Vorderstrasse                      
  would take into account a person's background and age when                   
  evaluating a complaint brought before the ethics committee.                  
                                                                               
  MRS. VORDERSTRASSE replied that age should have no bearing                   
  on the decisions made by the ethics committee.                               
                                                                               
  Number 511                                                                   
                                                                               
  REP. GREEN asked Mrs. Vorderstrasse if she, as a young                       
  person, would be more or less tolerant than an older person.                 
                                                                               
  Number 521                                                                   
                                                                               
  MRS. VORDERSTRASSE responded that the ethics committee had                   
  to follow certain guidelines, and age was irrelevant.  She                   
  added that her standards were not the same as every other                    
  person her age.                                                              
                                                                               
  Number 534                                                                   
                                                                               
  REP. GREEN asked Mrs. Vorderstrasse if she were an                           
  influential person, or one who was easily influenced.                        
                                                                               
  Number 543                                                                   
                                                                               
  MRS. VORDERSTRASSE reiterated that she made decisions on                     
  what she heard.  She noted that she would have to live with                  
  the decisions that she made.                                                 
                                                                               
  Number 556                                                                   
                                                                               
  REP. KOTT requested that Mrs. Vorderstrasse comment on tax                   
  problems that Border Ventures had.                                           
                                                                               
  Number 562                                                                   
                                                                               
  MRS. VORDERSTRASSE said that she had filed her payroll taxes                 
  late on several occasions, but the situation had been                        
  resolved.                                                                    
                                                                               
  Number 589                                                                   
                                                                               
  REP. PHILLIPS asked Mrs. Vorderstrasse about her ability to                  
  spend time in Juneau for extended periods of time on ethics                  
  committee business.                                                          
                                                                               
  Number 597                                                                   
                                                                               
  MRS. VORDERSTRASSE mentioned that she had a seven-year-old                   
  daughter, but her husband was supportive of her application                  
  to serve on the ethics committee.  She reiterated her belief                 
  that spending time in Juneau would not be a problem.                         
                                                                               
  Number 609                                                                   
                                                                               
  CHAIRMAN TAYLOR asked Mrs. Vorderstrasse if she had seen or                  
  perceived unethical behavior in the legislature while she                    
  was working for Rep. MacLean.                                                
                                                                               
  Number 617                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that public officials had to be                   
  responsible.  As a school board member, she felt a strong                    
  responsibility to be ethical.  She noted that public                         
  officials were constantly in the spotlight.                                  
                                                                               
  Number 632                                                                   
                                                                               
  CHAIRMAN TAYLOR repeated his question about whether or not                   
  Mrs. Vorderstrasse had seen or perceived unethical behavior                  
  among legislators, while she was working for Rep. MacLean.                   
                                                                               
  Number 634                                                                   
                                                                               
  MRS. VORDERSTRASSE said that she had not seen unethical                      
  behavior in the legislature, nor did she believe it to                       
  exist.                                                                       
                                                                               
  Number 639                                                                   
                                                                               
  CHAIRMAN TAYLOR noted that Mrs. Vorderstrasse had spent most                 
  of her life in Barrow.  He asked if she had been working in                  
  Barrow at the time of the "North Slope scandal."                             
                                                                               
  Number 649                                                                   
                                                                               
  MRS. VORDERSTRASSE replied that she was not involved with                    
  the borough at all at the time of the scandal.  She added                    
  that her business had had contracts with the North Slope                     
  Borough, but not at the time of the scandal.  She said that                  
  at the time it had been very difficult for her business to                   
  get work because borough officials gave contracts to other                   
  contractors.                                                                 
                                                                               
  Number 668                                                                   
                                                                               
  CHAIRMAN TAYLOR asked if Mrs. Vorderstrasse had been                         
  referring to North Slope Borough officials in her cover                      
  letter when she said that some leaders had not acted                         
  properly.                                                                    
                                                                               
  MRS. VORDERSTRASSE indicated that Chairman Taylor was                        
  correct.  She said that, in her cover letter, she was not                    
  referring to what she had seen in the legislative arena, but                 
  rather in the North Slope Borough.                                           
                                                                               
  CHAIRMAN TAYLOR asked if the behavior of North Slope Borough                 
  officials was a disappointment to her.                                       
                                                                               
  MRS. VORDERSTRASSE said that it was a disappointment.  She                   
  noted that the borough's debt service had skyrocketed as a                   
  result, and that the citizens of the borough were still                      
  paying for the scandal.                                                      
                                                                               
  Number 680                                                                   
                                                                               
  REP. FINKELSTEIN asked Mrs. Vorderstrasse if, as a member of                 
  the school board, she filed conflict of interest forms with                  
  APOC.                                                                        
                                                                               
  Number 686                                                                   
                                                                               
  MRS. VORDERSTRASSE said that she did.                                        
                                                                               
  Number 687                                                                   
                                                                               
  REP. FINKELSTEIN stated that the chairman might want to look                 
  into that issue, due to Mrs. Vorderstrasse's related                         
  response on a questionnaire.                                                 
                                                                               
  CHAIRMAN TAYLOR asked if it would be true that if Mrs.                       
  Vorderstrasse were confirmed, she might merely need to                       
  resign from the school board.                                                
                                                                               
  Number 687                                                                   
                                                                               
  REP. FINKELSTEIN said that the chairman was correct, but he                  
  wanted to bring the matter up in the event that Mrs.                         
  Vorderstrasse did not want to resign from the school board.                  
                                                                               
  Number 699                                                                   
                                                                               
  MRS. VORDERSTRASSE said that she was aware of the need to                    
  resign from the school board in the event that she was                       
  confirmed.                                                                   
                                                                               
  Number 703                                                                   
                                                                               
  CHAIRMAN TAYLOR thanked Mrs. Vorderstrasse for appearing                     
  before the committee and said that he appreciated her                        
  candor.  He said the committee would reconvene at 4:00 p.m.                  
  the following day.                                                           
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN TAYLOR adjourned the meeting at 5:51 p.m.                           

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