Legislature(2003 - 2004)
01/28/2004 01:35 PM House JUD
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ALASKA STATE LEGISLATURE
JOINT MEETING
HOUSE JUDICIARY STANDING COMMITTEE
SENATE JUDICIARY STANDING COMMITTEE
January 28, 2004
1:35 p.m.
MEMBERS PRESENT
HOUSE JUDICIARY
Representative Lesil McGuire, Chair
Representative Tom Anderson, Vice Chair
Representative Jim Holm
Representative Dan Ogg
Representative Ralph Samuels
Representative Les Gara
Representative Max Gruenberg
SENATE JUDICIARY
Senator Ralph Seekins, Chair
Senator Scott Ogan, Vice Chair
Senator Hollis French
MEMBERS ABSENT
HOUSE JUDICIARY
All members present
SENATE JUDICIARY
Senator Gene Therriault
Senator Johnny Ellis
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Select Committee on Legislative Ethics
H. Conner Thomas - Nome
Ann Rabinowitz - Juneau
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 398
"An Act relating to domestic violence fatality review teams."
- HEARD AND HELD [See 2:00 p.m. minutes for this date]
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
H. CONNER THOMAS, Appointee
to the Select Committee on Legislative Ethics
Nome, Alaska
POSITION STATEMENT: Testified as appointee to the Select
Committee on Legislative Ethics.
ANN RABINOWITZ, Appointee
to the Select Committee on Legislative Ethics
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Select
Committee on Legislative Ethics.
ACTION NARRATIVE
TAPE 04-5, SIDE A [HOUSE JUD TAPE]
Number 001
CHAIR RALPH SEEKINS called the joint meeting between the House
Judiciary Standing Committee and the Senate Judiciary Standing
Committee to order at 1:35 p.m. Present at the call to order
from the House Judiciary Standing Committee were Representatives
McGuire, Holm, Ogg, Samuels, Gara, and Gruenberg.
Representative Anderson arrived as the meeting was in progress.
Present from the Senate Judiciary Standing Committee were
Senators Seekins, Ogan, and French.
^CONFIRMATION HEARING
^Select Committee on Legislative Ethics
[CHAIR SEEKINS passed the gavel to Chair McGuire.]
Number 0048
CHAIR McGUIRE announced that the first order of business would
be the confirmation of the appointments of H. Conner Thomas and
Ann Rabinowitz to the Select Committee on Legislative Ethics.
Number 121
H. CONNER THOMAS said he had been on the committee since 1999,
and he felt like he had developed an ability to be of assistance
to other people in committee, and it was a public service. He
said he is a partner in a small law office and the amount of
time that it takes for him to fulfill his obligations on the
committee is not so great that he felt like he couldn't do it.
Mr. Thomas said he felt that people expect it and that he has
something to offer since he's been on the committee for a while
now. He said it has turned out to be relatively enjoyable. He
said lots of informal advice happens with the committee, and the
focus in the few years that he's been on the committee has been
on making the committee accessible to people. He said most of
the [committee's] effort is spent trying to ensure that people
have a place to call and get a reasonable answer to the various
questions that arise "as you're going through your day as a
legislator or a legislative employee."
REPRESENTATIVE GARA said committee members are thrilled that Mr.
Thomas wants to serve on the Select Committee on Legislative
Ethics, and he thanked Mr. Thomas for offering to serve.
Number 0325
SENATOR OGAN remarked, "It kind of a dog eat dog world ... here
in Juneau and out there ... in the real world." He said he
hadn't heard anyone complain about the job that Mr. Thomas had
been doing, and he thought the ethics committee was a very
important committee. Senator Ogan suggested that often some
people use ethics complaints to try to discredit a particular
individual. He asked Mr. Thomas if he tried to be objective
regardless of whom the compliant is filed by or with.
MR. THOMAS, in response, said he liked to think that he is, and
he can say from experience that the committee is very concerned
during the deliberative process about whether there is a
legitimate complaint. He said it is true that the committee
does see complaints that, in his opinion, are motivated for
reasons other than a violation of the ethics law. Mr. Thomas
said he and the committee do take that into consideration. He
said one of the things that has come up relatively recently in
some of the committee's deliberations is the issue of
confidentiality. Mr. Thomas said the committee had been
operating under the assumption that when a complaint was filed
initially that it was confidential. He said there had been some
rethinking of that position about whether the law requires that.
He said he thought that is a little out of the area of the
committee's jurisdiction, but it is a little unclear. For
example, he said there was a complaint that was filed on
television and there were some people that felt that that's not
appropriate.
MR. THOMAS said it's not really clear that that's a violation of
the law that currently stands. He said sometimes a meritless
complaint can be filed and can have some impact on people just
because of the fact that it is made and is made publicly.
CHAIR SEEKINS asked if there has there been any suggestion on
the part of the members that there be clarifying legislation in
that regard.
MR. THOMAS, in response, said it has been talked about, although
he doesn't believe there has been a consensus among the
committee about whether the committee should make a formal
request to the legislature concerning that and if so, what it
should ask for.
CHAIR SEEKINS asked Mr. Thomas if he knows how the committee is
going to look at the confidentiality matter or if [the
committee] had come to some conclusion on how it would be
handled in the future.
MR. THOMAS, in response, said it was a matter of an ongoing
discussion with the committee. He said it is to some extent
still in flux based on conversations with the attorney that
represents the committee. He couldn't say that the committee
has determined what it will do but it is a consensus, at the
moment, that there is no requirement that the person making the
complaint keep that confidential.
CHAIR SEEKINS asked if the attorney representing the committee
had made that legal determination.
MR. THOMAS said based on the last meeting regarding
confidentiality, it was the opinion of the attorney that there
is no requirement in law that the complaint is confidential, at
least as it relates to the person making the complaint.
Number 0666
CHAIR SEEKINS moved to advance the confirmation of the
appointment of H. Connor Thomas to the Select Committee on
Legislative Ethics.
The committee took an at-ease from 1:47 p.m. to 1:48 p.m.
CHAIR SEEKINS polled the Senate Judiciary Standing Committee
members. Senators Ogan, French, and Seekins stated support for
the advancement of the appointment of H. Connor Thomas to the
Select Committee on Legislative Ethics. Chair Seekins noted
that the appointment of H. Connor Thomas was advanced from the
Senate Judiciary Standing Committee.
CHAIR McGUIRE polled the House Judiciary Standing Committee
members. Representatives Gara, Gruenberg, Ogg, Holm, Samuels,
and McGuire stated support for the advancement of the
appointment of H. Connor Thomas to the Select Committee on
Legislative Ethics. Chair McGuire noted that the appointment of
H. Connor Thomas was advanced from the House Judiciary Standing
Committee.
Number 0808
ANN RABINOWITZ, Appointee to the Select Committee on Legislative
Ethics, testified, and she noted that she is currently a
resident of Juneau, although she had lived many years in
Anchorage. She said the reason why she wanted to serve on the
committee is because a chief justice approached her and asked
her if she would like to be a public member. Ms. Rabinowitz
said she is honored by his selection and recommendation, and
like Mr. Thomas she feels that it is a public service. She said
when a person is younger and raising a family, that person has
to guard time away from his or her family, but when the family
is grown, then that person has an obligation to the community
and the state.
CHAIR SEEKINS asked Ms. Rabinowitz how being a teacher has
helped her in dispute resolutions and to get to the bottom of
the issues.
MS. RABINOWITZ, in response, said it is a part of the process
when teaching because there are 25 children with strong ideas,
and the teacher has to help those children learn and help them
to learn how to resolve issues. She said every school district
approaches something and sometimes it's an overall plan, but for
the most part it comes down to the individual teacher's
classroom and how that teacher manages the classroom and
approaches the children.
CHAIR SEEKINS asked Ms. Rabinowitz if she'd had experience in
getting to the truth in the matter even though the parties
involved are all pointing at each other.
MS. RABINOWITZ, in response, said exactly; that's right.
Number 0941
SENATOR OGAN said the ethics committee plays a very important
role. He suggested that various people file complaints for
various motivations and some of them are honorable and others
may be less than honorable. He asked Ms. Rabinowitz if she felt
she could be impartial regardless of whom the complaint is filed
by or against.
MS. RABINOWITZ, in response, said yes. She said that she was
invited by Ms. Joyce Anderson to the training session that was
held for new staff members, and that was a good thing to be
exposed to because there were between 50 and 60 employees that
were being trained and their questions were interesting. She
said Ms. Anderson's approach to those questions was very good,
and she thought the material that Ms. Anderson printed out was
wonderful - it was direct and simple.
REPRESENTATIVE GARA disclosed to the committee that Ms.
Rabinowitz is his landlord. He said in 1988 and 1989 he had
worked for Ms. Rabinowitz's husband in Fairbanks, and he is also
friendly with her daughter. He said really all that is wanted
is for the [appointed] person to be honest, and he can't imagine
a more honest person then Ms. Rabinowitz.
REPRESENTATIVE GRUENBERG said in having known Ms. Rabinowitz's
husband for many years, he is very glad to meet her and is glad
she is willing to serve.
Number 1110
SENATOR SEEKINS moved to advance the confirmation of the
appointment of Ann Rabinowitz to the Select Committee on
Legislative Ethics.
CHAIR SEEKINS polled the Senate Judiciary Standing Committee
members. Senators Ogan, French, and Seekins stated support for
the advancement of the appointment of Ann Rabinowitz to the
Select Committee on Legislative Ethics. Chair Seekins noted
that the appointment of Ann Rabinowitz was advanced from the
Senate Judiciary Standing Committee.
CHAIR McGUIRE polled the House Judiciary Standing Committee
members. Representatives Gara, Gruenberg, Ogg, Holm, Samuels,
and McGuire stated support for the advancement of the
appointment of Ann Rabinowitz to the Select Committee on
Legislative Ethics. Chair McGuire noted that the appointment of
Ann Rabinowitz was advanced from the House Judiciary Standing
Committee.
ADJOURNMENT
There being no further business before the committee, the joint
meeting between the House Judiciary Standing Committee and the
Senate Judiciary Standing Committee was adjourned at 1:55 p.m.
[For the regular meeting minutes, see the 2:00 p.m. minutes for
this date.]
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