Legislature(2019 - 2020)BUTROVICH 205

01/21/2020 03:00 PM SELECT COMMITTEE ON LEGISLATIVE ETHICS

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03:15:24 PM Start
06:16:28 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time & Location Change --
+ Public Comment TELECONFERENCED
+ Review of Committee Rules of Procedure TELECONFERENCED
+ Chair/Staff Report TELECONFERENCED
- Informal Advice Staff Report
- COGEL Reports
- National Conference of State Legislatures
(NCSL) Ethics Training
+ Other Business TELECONFERENCED
                 ALASKA STATE LEGISLATURE                                                                                     
          SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                              
                     JANUARY 21, 2020                                                                                           
                          3:00 PM                                                                                               
                                                                                                                                
                  Full Committee Meeting                                                                                      
                                                                                                                              
                                                                                                                              
3:15:24 PM                                                                                                                  
                                                                                                                              
                                                                                                                              
1. CALL THE MEETING TO ORDER                                                                                                  
                                                                                                                                
Joyce Anderson called the meeting to order at 3:16 p.m. and                                                                     
directed Jerry Anderson to conduct roll call.                                                                                   
                                                                                                                                
Roll call                                                                                                                     
                                                                                                                                
Senator Elvi Gray-Jackson                                                                                                       
     (Alternate for Senator Tom Begich)                                                                                         
Representative DeLena Johnson                                                                                                   
Skip Cook                                                                                                                       
Conner Thomas                                                                                                                   
Joyce Anderson                                                                                                                  
Lee Holmes                                                                                                                      
Patrick FitzGerald (Alternate Public Member)                                                                                    
Deb Fancher (telephonic)                                                                                                        
                                                                                                                                
Quorum present.                                                                                                                 
                                                                                                                                
Absent                                                                                                                        
                                                                                                                                
Senator Tom Begich                                                                                                              
Representative Louise Stutes                                                                                                    
Senator John Coghill                                                                                                            
                                                                                                                                
Others present                                                                                                                
                                                                                                                                
Jerry Anderson                                                                                                                  
Jacqui Yeagle                                                                                                                   
                                                                                                                                
Joyce Anderson relinquished the chair position to Lee                                                                           
Holmes.                                                                                                                         
                                                                                                                                
3:18:05 PM                                                                                                                  
                                                                                                                                
2. APPROVAL OF AGENDA                                                                                                           
                                                                                                                                
Lee Holmes entertained a motion to approve the agenda.                                                                          
                                                                                                                                
Conner Thomas  moved to  approve the  agenda. There  were no                                                                    
objections. The agenda was approved.                                                                                            
                                                                                                                              
3:18:28 PM                                                                                                                  
                                                                                                                                
3. APPROVAL OF MINUTES                                                                                                          
                                                                                                                                
Lee Holmes entertained  a motion to approve  the December 2,                                                                    
2019 Full Committee Meeting Minutes.                                                                                            
                                                                                                                                
Skip Cook so moved. Senator Elvi Gray-Jackson seconded.                                                                         
                                                                                                                                
Joyce  Anderson said  she thought  it important  that member                                                                    
absences from committee meetings  be included in the minutes                                                                    
and asked  that they be added  to the December 2,  2019 Full                                                                    
Committee Meeting Minutes.                                                                                                      
                                                                                                                                
There were no objections. The minutes were approved.                                                                            
                                                                                                                                
Lee Holmes entertained  a motion to approve  the December 2,                                                                    
2019 House Subcommittee Meeting Minutes.                                                                                        
                                                                                                                                
Senator Elvi  Gray-Jackson announced she would  be returning                                                                    
to floor session at 3:35 p.m.                                                                                                   
                                                                                                                                
Representative DeLena Johnson left the meeting.                                                                                 
                                                                                                                                
3:20:40 PM                                                                                                                    
                                                                                                                                
4. PUBLIC COMMENT                                                                                                               
                                                                                                                                
Vikki Jo Kennedy  expressed outrage that at a  June 13, 2019                                                                    
executive   session  retroactive   per   diem  payment   for                                                                    
legislators was  approved. She also reported  that following                                                                    
the meeting,  she heard a  senator say, "we sure  don't want                                                                    
the public  to know  about this."  Vikki Jo  Kennedy thanked                                                                    
the committee for their time.                                                                                                   
                                                                                                                                
3:23:32 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
5. REVIEW OF COMMITTEE RULES OF PROCEDURE                                                                                   
                                                                                                                              
[Reference   Section    2   Administrative    Policies   (a)                                                                    
Authorizations]                                                                                                                 
                                                                                                                                
Lee Holmes opened a discussion  of the Rules of Procedure by                                                                    
directing   the  committee's   attention  to   Section  2(a)                                                                    
Administrative   Policies.  He   read  the   rationale,  and                                                                    
entertained discussion on the proposed revision.                                                                                
                                                                                                                                
Conner Thomas asked how the  committee would proceed through                                                                    
the proposed revisions. Lee Holmes  answered that they would                                                                    
review each  of the proposed  revisions and vote on  them at                                                                    
one time,  and in the  event of  contention with any  of the                                                                    
proposed  revisions,  it  could  be  removed  by  individual                                                                    
motion. Skip  Cook proposed approving each  of the revisions                                                                    
as reviewed due to the possibility of interruptions.                                                                            
                                                                                                                                
3:25:30                                                                                                                       
                                                                                                                                
Lee   Holmes   responded   that  with   the   departure   of                                                                    
Representative  DeLena  Johnson,  there was  no  quorum  for                                                                    
voting  purposes. Holmes  suggested  that Skip  Cook make  a                                                                    
motion when there  was a quorum. Skip  Cook acknowledged Lee                                                                    
Holmes's suggestion.                                                                                                            
                                                                                                                                
Jerry Anderson  asked to be  recognized. Lee  Holmes agreed.                                                                    
Jerry Anderson  said that he  understood that  house members                                                                    
may  return  and  had  asked  staffers  to  encourage  house                                                                    
members back to the meeting.                                                                                                    
                                                                                                                                
3:26:54                                                                                                                       
                                                                                                                                
Representative DeLena Johnson returned to the meeting.                                                                          
                                                                                                                                
Lee Holmes asked Skip Cook if  he wanted to make a motion to                                                                    
vote   on   changing   the    language   in   Section   2(a)                                                                    
Administrative  Policies  to  reflect  an  increase  in  the                                                                    
amount  the chair  is  authorized to  approve  to $2,000  as                                                                    
decided  at the  January  31, 2019  committee meeting.  Skip                                                                    
Cook  so moved.  There were  no objections.  The motion  was                                                                    
approved.                                                                                                                       
                                                                                                                                
Representative  Sara  Hannan (Alternate  for  Representative                                                                    
Louise Stutes) joined the meeting.                                                                                              
                                                                                                                                
[Reference   Section    2   Administrative    Policies   (b)                                                                    
Communication]                                                                                                                  
                                                                                                                                
Lee  Holmes directed  the committee's  attention to  Section                                                                    
2(b) Communication  and entertained  discussion or  a motion                                                                    
about adding a reference to  the Rules of Procedure, Section                                                                    
9 Informal  Advice. Conner Thomas moved.  Senator Elvi Gray-                                                                    
Jackson  seconded  the motion.  There  was  no objection  or                                                                    
discussion; the motion was approved.                                                                                            
                                                                                                                                
[Reference   Section    2   Administrative    Policies   (e)                                                                    
Compassionate Gift Approval]                                                                                                    
                                                                                                                                
Lee  Holmes  referred  to  the  proposed  revisions  in  the                                                                    
Compassionate   Gift   Approval  section   and   entertained                                                                    
discussion.  Deb  Fancher  asked  the meaning  of  the  word                                                                    
"immediately" as  used in the  section. Lee  Holmes referred                                                                    
the question to  Joyce Anderson. Joyce Anderson  said that a                                                                    
compassionate gift request needs to  be looked at right away                                                                    
but allowed  that another word could  convey that directive.                                                                    
Deb  Fancher  said she  understood  the  need to  specify  a                                                                    
timeline and  suggested using instead "as  soon as possible"                                                                    
or "within 24 hours."                                                                                                           
                                                                                                                                
3:31                                                                                                                          
                                                                                                                                
Senator Elvi Gray-Jackson left the meeting.                                                                                     
                                                                                                                                
Joyce Anderson  said she was  not sure the  committee wanted                                                                    
to  define  "immediately" because  it  would  depend on  the                                                                    
timing of  the request  and the possible  approval timeline,                                                                    
but she was open to  leaving that decision to the committee.                                                                    
Conner  Thomas asked  if there  had ever  been a  problem or                                                                    
issue  with the  timeline for  compassionate gift  requests.                                                                    
Joyce  Anderson  and  Jerry  Anderson  responded  to  Conner                                                                    
Thomas and  both said that  as far  as they know,  there had                                                                    
never been  a problem.  Conner Thomas expressed  his opinion                                                                    
that using the word "immediately" was fine.                                                                                     
                                                                                                                                
Jerry Anderson told  the committee that the  language in the                                                                    
section  should   reference  Advisory  Opinion   19-06,  not                                                                    
Advisory Opinion  19-05. Lee  Holmes noted  that correction.                                                                    
Lee  Holmes entertained  further  discussion.  There was  no                                                                    
discussion. Holmes  entertained a  motion to  approve. Joyce                                                                    
Anderson  moved. There  were no  objections. The  motion was                                                                    
approved.                                                                                                                       
                                                                                                                                
Jerry  Anderson  asked  for clarification  purposes  if  the                                                                    
committee  had   voted  to  include  or   exclude  the  word                                                                    
"immediately."  Lee Holmes  replied that  per discussion  by                                                                    
Conner Thomas, the word "immediately" was included.                                                                             
                                                                                                                                
[Section  2 Administrative  Policies (f)  Internship Program                                                                    
Approval]                                                                                                                       
                                                                                                                                
Lee Holmes  referred to the  multiple proposed  revisions in                                                                    
Section   2(f)  Internship   Program   Approval,  read   the                                                                    
rationale, and  entertained discussion. Joyce  Anderson said                                                                    
the   directive  to   send  the   informational  letter   to                                                                    
legislative offices was added  following a discussion at the                                                                    
August   2019  committee   meeting.  Holmes   thanked  Joyce                                                                    
Anderson  for   the  information  and   entertained  further                                                                    
discussion. There was no  discussion. Lee Holmes entertained                                                                    
a  motion  to  approve.  Skip  Cook  moved.  There  were  no                                                                    
objections. The motion was approved.                                                                                            
                                                                                                                                
3:34:01                                                                                                                       
                                                                                                                                
[Reference  Section 2  Administrative  Policies (h)  Benefit                                                                    
and Loan Annual Review]                                                                                                         
                                                                                                                              
Lee Holmes  read the  rationale for  the proposal  to delete                                                                    
the  word "mid"  from  the first  sentence  in Section  2(h)                                                                    
Benefit and  Loan Annual Review and  entertained discussion.                                                                    
There  was no  discussion. Lee  Holmes asked  for a  motion.                                                                    
Conner Thomas  moved to approve.  There were  no objections.                                                                    
The motion was approved.                                                                                                        
                                                                                                                                
3:35:11                                                                                                                       
                                                                                                                                
Deb Fancher  asked to be  recognized. Lee  Holmes consented.                                                                    
Deb Fancher  addressed the language  in brackets on  page 6:                                                                    
"Grab  your reader's  attention with  a great  quote  "  and                                                                    
asked  for   more  information  about  it.   Joyce  Anderson                                                                    
responded that  she was not  aware of that sentence  and the                                                                    
bracketed  comment  was  removed. Deb  Fancher  thanked  the                                                                    
committee and  thanked Joyce  Anderson for  her work  on the                                                                    
Rules of Procedure.                                                                                                             
                                                                                                                                
[Reference    Section     10    Advisory     Opinions    (i)                                                                    
Summary/Publication]                                                                                                            
                                                                                                                                
Lee  Holmes  directed  the   committee's  attention  to  the                                                                    
Summary/Publication   section,  read   the  rationale,   and                                                                    
entertained  further discussion.  There  was no  discussion.                                                                    
Lee Holmes asked for motion.  Skip Cook moved. There were no                                                                    
objections. The revision was approved.                                                                                          
                                                                                                                                
[Reference  Section 11  Disclosures  (h)(2) Late  Disclosure                                                                    
Fines-Unpaid Fines]                                                                                                             
                                                                                                                                
Lee Holmes  directed the committee's  attention to  the Late                                                                    
Disclosure   Fines   section,   read  the   rationale,   and                                                                    
entertained discussion. There was  no discussion. Lee Holmes                                                                    
asked  for a  motion. Joyce  Anderson moved.  There were  no                                                                    
objections. The motion was approved.                                                                                            
                                                                                                                                
[Reference Section 11  Disclosures (i)(1) Requirements After                                                                    
Leaving Office or Employment with the Legislature]                                                                              
                                                                                                                                
Lee  Holmes directed  attention  to  the Requirements  After                                                                    
Leaving Office  or Employment  with the  Legislature section                                                                    
and  entertained discussion.  Joyce Anderson  commented that                                                                    
if  approved,  the  provision  would  save  both  paper  and                                                                    
administrative time.  Conner Thomas moved to  approve. There                                                                    
were no objections. The motion was approved.                                                                                    
                                                                                                                                
[Reference Section 12 Education (b)(3) Training]                                                                                
                                                                                                                                
Lee  Holmes directed  attention to  the training  portion of                                                                    
the Education  section, read the rationale,  and entertained                                                                    
discussion.   Representative   DeLena   Johnson   questioned                                                                    
whether there was a need  to include direction to keep paper                                                                    
training records  on file. Lee Holmes  directed the question                                                                    
to  Administrator  Jerry  Anderson. Jerry  Anderson  replied                                                                    
that  he was  confident that  accurate training  records are                                                                    
kept.                                                                                                                           
                                                                                                                                
Lee  Holmes entertained  further  discussion.  There was  no                                                                    
further  discussion.   Lee  Holmes   asked  for   a  motion.                                                                    
Representative Sara  Hannan moved to approve.  There were no                                                                    
objections. The motion was approved.                                                                                            
                                                                                                                                
[Reference Section 14 Complaints (c) Legal Representation]                                                                      
                                                                                                                                
Lee Holmes  directed attention  to the  Legal Representation                                                                    
section and read the rationale.  Conner Thomas said that the                                                                    
proposed language does not  mention verbal communication and                                                                    
recommended  modifying  the  language   in  (2)  to  "Verbal                                                                    
communication  shall  be  directed to  the  representative."                                                                    
Joyce Anderson agreed  with Conner Thomas's recommendations.                                                                    
Representative Sara Hannan recommended  replacing in (1) the                                                                    
term  "another person"  with  representative,  which is  the                                                                    
term  used  in  the   following  paragraph.  Joyce  Anderson                                                                    
replied  that  "another  person"  is the  language  used  in                                                                    
statute.                                                                                                                        
                                                                                                                                
Conner Thomas questioned sending  correspondence to both the                                                                    
subject and  the subject's  representative when  the subject                                                                    
desires  that   all  communication  be  sent   only  to  the                                                                    
representative. Lee  Holmes asked Jerry Anderson  to respond                                                                    
to  Conner  Thomas.  Jerry Anderson  replied  that  attorney                                                                    
practice is to send correspondence only to the attorney.                                                                        
                                                                                                                                
Conner  Thomas  replied  that  his   question  was  about  a                                                                    
situation where  the subject directed the  administration to                                                                    
direct  all  communication   to  the  representative.  Jerry                                                                    
Anderson  replied that  the committee  had  been clear  that                                                                    
communication  should be  directed to  both the  subject and                                                                    
representative. Conner Thomas countered  that he wondered if                                                                    
that practice  should continue. Jerry Anderson  offered that                                                                    
the  committee might  consider  allowing communication  only                                                                    
with the  attorney if directed  to do  so in writing  by the                                                                    
subject. Conner  Thomas agreed the instruction  should be in                                                                    
writing.                                                                                                                        
                                                                                                                                
Joyce  Anderson  expressed  her opinion  that  communication                                                                    
with the subject should continue  in order to compensate for                                                                    
an attorney's  inability to act  on the  communication. Skip                                                                    
Cook  agreed with  Joyce Anderson's  comment. Representative                                                                    
DeLena  Johnson also  agreed  that  communication should  be                                                                    
directed  to  both  the subject  and  attorney.  Lee  Holmes                                                                    
entertained  further   discussion.  There  was   no  further                                                                    
discussion.  Lee Holmes  summarized the  proposal to  revise                                                                    
the language  to "Verbal communication shall  be directed to                                                                    
the  representative."  and   entertained  a  motion.  Conner                                                                    
Thomas  moved.  There were  no  objections.  The motion  was                                                                    
approved.                                                                                                                       
                                                                                                                                
3:51                                                                                                                          
                                                                                                                                
[Reference   Section   14  Complaints   (d)(2)   Preliminary                                                                    
Examination of Complaint]                                                                                                       
                                                                                                                                
Lee Holmes  directed the  committee to  the revision  in the                                                                    
Preliminary  Examination  of  Complaint  section,  read  the                                                                    
rationale,   and  entertained   discussion.  There   was  no                                                                    
discussion. Lee  Holmes asked for  a motion.  Joyce Anderson                                                                    
moved. There were no objections. The motion was approved.                                                                       
                                                                                                                                
[Reference   Section   14   Complaints  (e)(1)   Waiver   of                                                                    
Confidentiality by Subject of Complaint]                                                                                        
                                                                                                                                
Lee Holmes  directed the committee to  the proposed revision                                                                    
in  the Waiver  of Confidentiality  by Subject  of Complaint                                                                    
section,  read the  rationale,  and entertained  discussion.                                                                    
There was  no discussion.  Lee Holmes entertained  a motion.                                                                    
Representative Sara Hannan moved.  There were no objections.                                                                    
The motion was approved.                                                                                                        
                                                                                                                                
3:52                                                                                                                          
                                                                                                                                
[Reference   Section   14   Complaints   (e)(2)   Types   of                                                                    
Confidentiality    Waivers    and     (e)(3)    Waiver    of                                                                    
Confidentiality   Before  or   After  a   Decision  by   the                                                                    
Committee]                                                                                                                      
                                                                                                                                
Lee Holmes directed the committee  to the proposed revisions                                                                    
in  the   Waiver  of   Confidentiality  section,   read  the                                                                    
rationale,  and   entertained  discussion.   Joyce  Anderson                                                                    
commented that  adding the heading in  Section 14 Complaints                                                                    
(e)(2) makes clear the types of confidentiality waivers.                                                                        
                                                                                                                                
Joyce Anderson explained she added  the heading in (e)(2) to                                                                    
make   clear   the   difference   between   the   types   of                                                                    
confidentiality   waivers   and   in   (e)(3)(A)   addressed                                                                    
confidentiality waived prior to  a decision by the committee                                                                    
and  how  the  committee will  report  subsequent  executive                                                                    
committee findings.  Joyce Anderson  said that  Senator John                                                                    
Coghill had  expressed concerns  about the  committee making                                                                    
decisions in executive session, which  is not allowed on the                                                                    
legislative  level. The  revision in  Section 14  Complaints                                                                    
(e)(3) is the result of  her review of AS 24.60.170(f), that                                                                    
says, "   Committee deliberations and vote  on the dismissal                                                                    
order and  decision are  not open  to the  public or  to the                                                                    
subject  of the  complaint," which  allows the  committee to                                                                    
vote in executive session and  later in public session state                                                                    
that the decision was by  majority vote. Joyce Anderson said                                                                    
that the proposed  revision makes it clear that  there is no                                                                    
public vote, a question that arose in 2019.                                                                                     
                                                                                                                                
3:56                                                                                                                          
                                                                                                                                
Representative  DeLena Johnson  said that  in her  municipal                                                                    
experience,  an  agreement  could be  reached  in  executive                                                                    
session and then for the  record in public session state the                                                                    
agreement.  Representative Johnson  asked Joyce  Anderson if                                                                    
that  process  aligned  with the  proposed  revision.  Joyce                                                                    
Anderson  responded it  did.  Representative DeLena  Johnson                                                                    
confirmed  that  committee   members  were  prohibited  from                                                                    
putting  the vote  on the  record. Joyce  Anderson confirmed                                                                    
Representative DeLena  Johnson's understanding  and recalled                                                                    
that in the  early 2000s, a legislator had  disagreed with a                                                                    
complaint vote and  the legislator wrote an  addendum to the                                                                    
complaint  that clearly  demonstrated disagreement  with the                                                                    
decision and  that if in  the future a legislator  wanted to                                                                    
do something similar that would be possible.                                                                                    
                                                                                                                                
Conner  Thomas commented  that the  committee  does vote  in                                                                    
executive  session and  the decision  is affirmed  in public                                                                    
session  but individual  votes  are not  put  on the  public                                                                    
record.  Joyce Anderson  said the  numerical results  of the                                                                    
vote are also not put on the record.                                                                                            
                                                                                                                                
Deb Fancher reported there had  been in her committee tenure                                                                    
a  vote taken  in executive  session at  which time  she had                                                                    
been told that her vote would  not become part of the public                                                                    
record. Then later  the committee members had  to reveal how                                                                    
they  voted. Deb  Fancher said  that  is why  she thinks  it                                                                    
important to have this made clear.                                                                                              
                                                                                                                                
Lee Holmes  asked if there  were more discussion.  Skip Cook                                                                    
moved  to approve.  There were  no objections.  The proposed                                                                    
revision was approved.                                                                                                          
                                                                                                                                
4:02                                                                                                                          
                                                                                                                                
[Reference Section  14 Complaints  (e)(3)(B) Confidentiality                                                                    
Waived after a Decision by the Committee]                                                                                       
                                                                                                                                
Lee Holmes  directed the committee  to the  proposed changes                                                                    
in the  Waiver of  Confidentiality after  a Decision  by the                                                                    
Committee section.  Lee Holmes read the  rationale and asked                                                                    
if there were any discussion.                                                                                                   
                                                                                                                                
Joyce Anderson  explained that section (e)(3)(B)  focuses on                                                                    
confidentiality  waived  after  a  committee  decision.  Lee                                                                    
Holmes  thanked  Joyce  Anderson  for  her  explanation  and                                                                    
entertained  discussion. There  was  no  discussion and  Lee                                                                    
Holmes  entertained  a  motion. Representative  Sara  Hannan                                                                    
moved. There were no objections. The motion was approved.                                                                       
                                                                                                                                
4:04                                                                                                                          
                                                                                                                                
Joyce  Anderson advised  that the  next highlighted  section                                                                    
was moved to  section (e)(1)(A) and required  no action. Lee                                                                    
Holmes agreed.                                                                                                                  
                                                                                                                                
[Reference  Section  14  Complaints   (f)  Response  by  the                                                                    
Subject of a Complaint]                                                                                                         
                                                                                                                                
Lee  Holmes  directed  attention  to  the  Response  by  the                                                                    
Subject  of a  Complaint  section, read  the rationale,  and                                                                    
entertained discussion.                                                                                                         
                                                                                                                                
Skip  Cook  said  the  rules   do  not  address  whether  an                                                                    
acknowledgement  of   receipt  is  verbal  or   written  and                                                                    
wondered how  acknowledgement of receipt is  documented. Lee                                                                    
Holmes  directed   the  question  to  Jerry   Anderson,  who                                                                    
responded  that he  always  requires written  acknowledgment                                                                    
via email or a signed certified mail receipt.                                                                                   
                                                                                                                                
Conner Thomas said  he had asked Jerry  Anderson what action                                                                    
he  would take  if acknowledgement  was not  received. Jerry                                                                    
Anderson responded  that he  would take  whatever additional                                                                    
steps were  necessary, including using a  process server, to                                                                    
ensure  acknowledgment.  Jerry   Anderson  added  to  Conner                                                                    
Thomas's statement  saying the he  had never used  a process                                                                    
server  but that  he thinks  it appropriate  if other  means                                                                    
have failed.                                                                                                                    
                                                                                                                                
Lee  Holmes entertained  further discussion.  Joyce Anderson                                                                    
asked   the  committee   if   adding   the  words   "written                                                                    
acknowledgement" was  sufficient. Lee Holmes built  on Joyce                                                                    
Anderson's  question   by  asking   what  type   of  written                                                                    
acknowledgement was required.                                                                                                   
                                                                                                                                
Representative  DeLena Johnson  suggested using  established                                                                    
criteria  and deferred  to the  rest of  the committee.  Lee                                                                    
Holmes asked  the attorneys  on the  committee if  there was                                                                    
legal  precedent  for  acknowledgement  of  receipt.  Conner                                                                    
Thomas said that there is  a legal process in litigation but                                                                    
wondered if the committee  wanted to limit the administrator                                                                    
by  requiring  the  legal  process.  Skip  Cook  recommended                                                                    
changing  the  language  to   direct  the  administrator  to                                                                    
"obtain acknowledgement  of receipt," which would  allow for                                                                    
a variety of communication methods.                                                                                             
                                                                                                                                
Joyce Anderson said that she was  aware of a time in which a                                                                    
process   server    was   needed   in   order    to   obtain                                                                    
acknowledgement of receipt, and  for that reason recommended                                                                    
leaving it to the administrator to  decide on a case by case                                                                    
basis.                                                                                                                          
                                                                                                                                
Representative Sara Hannan asked  Jerry Anderson for a sense                                                                    
of how often different  methods of acknowledgement are used.                                                                    
Jerry    Anderson   responded    that   he    has   received                                                                    
acknowledgement  by  email  and  by  signed  certified  mail                                                                    
receipt.                                                                                                                        
                                                                                                                                
Patrick  FitzGerald  stated  that he  understood  the  rules                                                                    
would require  acknowledgment of receipt by  the subject and                                                                    
representative  if used  and Joyce  Anderson responded  that                                                                    
his understanding was correct.                                                                                                  
                                                                                                                                
Lee   Holmes    restated   the   proposed    revision:   The                                                                    
administrator shall obtain acknowledgment  of receipt of the                                                                    
correspondence   by   the   subject,   and   the   subject's                                                                    
representative if appropriate.                                                                                                  
                                                                                                                                
Skip Cook  moved to approve.  There were no  objections. The                                                                    
motion was approved.                                                                                                            
                                                                                                                                
4:12                                                                                                                          
                                                                                                                                
[Reference    Section    14   Complaints    (h)    Committee                                                                    
Restrictions]                                                                                                                   
                                                                                                                                
Lee  Holmes  directed  the   committee's  attention  to  the                                                                    
discussion  item at  the bottom  of page  21: Should  Ethics                                                                    
staff  be included  in (h)  Committee Restrictions  and also                                                                    
avoid ex  parte communication  with the listed  parties? Lee                                                                    
Holmes explained that the rules  of procedure stipulate that                                                                    
only   committee  members   avoid  such   communication  and                                                                    
entertained discussion.                                                                                                         
                                                                                                                                
Hearing no  discussion, Lee Holmes  asked Jerry  Anderson to                                                                    
comment.   Jerry   Anderson   replied   that   he   strongly                                                                    
recommending  not restricting  staff because  staff need  to                                                                    
provide documents.                                                                                                              
                                                                                                                                
Lee  Holmes entertained  further discussion.  Representative                                                                  
Sara Hannan  asked if  the question  was whether  to include                                                                    
staff in the ex  parte communication restriction. Lee Holmes                                                                    
replied  affirmatively. Skip  Cook asked  who would  provide                                                                    
the  documents  if  staff  are  restricted.  Joyce  Anderson                                                                    
replied that it was included  only as a discussion topic. No                                                                    
action taken.                                                                                                                   
                                                                                                                                
[Reference  Section 15  Complaints-Investigations (a)  Scope                                                                    
of Investigation Resolution]                                                                                                    
                                                                                                                                
Lee  Holmes  said  that  as  no  motion  was  required,  the                                                                    
committee  would  move  on  to  the  proposed  revisions  in                                                                    
Section  15 Complaints-Investigations.  Lee Holmes  read the                                                                    
rationale,   and  entertained   discussion.  Conner   Thomas                                                                    
expressed  his   opinion  that  for  consistency   the  same                                                                    
language  used in  Section 14(f)  addressing acknowledgement                                                                    
of receipt should be used in Section 15(a).                                                                                     
                                                                                                                                
Lee  Holmes entertained  further  discussion.  There was  no                                                                    
further  discussion.   Lee  Holmes  entertained   a  motion.                                                                    
Representative  Sara Hannan  moved.  Lee Holmes  entertained                                                                    
objections.  There  were  no   objections.  The  motion  was                                                                    
approved.                                                                                                                     
                                                                                                                                
4:21                                                                                                                          
                                                                                                                                
[Reference   Section    15   Complaints-Investigations   (b)                                                                    
Investigative Plan]                                                                                                             
                                                                                                                                
Lee  Holmes   moved  to  the  next   proposed  revision  and                                                                    
entertained discussion. Seeing  none, Lee Holmes entertained                                                                    
a motion.  Joyce Anderson moved.  There were  no objections.                                                                    
The motion was approved.                                                                                                        
                                                                                                                                
[Reference Section  17 Complaints-Decisions (a)  Committee -                                                                    
Meetings]                                                                                                                       
                                                                                                                                
Lee Holmes directed the committee's  attention to Section 17                                                                    
Complaints  - Decisions,  read  the  rationale, and  advised                                                                    
using  the same  language as  previously adopted  in Section                                                                    
14(f).  Conner   Thomas  and  Joyce  Anderson   agreed  that                                                                    
consistency throughout is  desirable. Lee Holmes entertained                                                                    
further  discussion. There  was no  further discussion.  Lee                                                                    
Holmes  entertained a  motion.  Conner  Thomas moved.  There                                                                    
were no objections. The motion was approved.                                                                                    
                                                                                                                                
[Reference  Section   17  Complaints-Decisions   (b)  Public                                                                    
Decisions and Orders]                                                                                                           
                                                                                                                                
Lee  Holmes moved  to the  proposed revision  in the  Public                                                                    
Decisions and  Orders section and read  the rationale. Joyce                                                                    
Anderson  advised modifying  the  language in  (1) and  she,                                                                    
Skip Cook,  and Conner Thomas collaborated  in modifying the                                                                    
proposed revision  in (1) to: "After  deliberations and vote                                                                    
in  executive  session,  pursuant to  AS  24.60.170(f),  the                                                                    
committee will  reconvene in a  public session."  Lee Holmes                                                                    
entertained further  discussion about the revisions  in (1).                                                                    
There was no further discussion.                                                                                                
                                                                                                                                
Lee Holmes  entertained discussion about the  balance of the                                                                    
proposed  revisions  in  the  Public  Decisions  and  Orders                                                                    
section. Skip Cook  advised that the language  in (3) should                                                                    
be   consistent  with   the   language  previously   adopted                                                                    
directing  the administrator  to  obtain acknowledgement  of                                                                    
receipt by the  parties listed and he added  that he thought                                                                    
there should  be a colon after  the media (the last  word in                                                                    
the  paragraph).  Joyce  Anderson agreed  with  Skip  Cook's                                                                    
recommendation. Lee Holmes  reviewed the modifications, "The                                                                    
administrator  shall obtain  acknowledgement  of receipt  of                                                                    
the  Public  Decision  and  Order  by  the  subject  of  the                                                                    
complaint or  the subjects   representative, Speaker  of the                                                                    
House  and  Senate  President   (or  designated  staff)  and                                                                    
complainant is required prior to informing the media:"                                                                          
                                                                                                                                
Lee  Holmes entertained  further  discussion.  There was  no                                                                    
further discussion.  Lee Holmes  entertained a  motion. Skip                                                                    
Cook  moved.  There  were  no  objections.  The  motion  was                                                                    
approved.                                                                                                                       
                                                                                                                                
Joyce  Anderson advised  revisiting  the  revisions made  to                                                                    
Section  14(3)(A)(2)  Confidentiality   Waived  Prior  to  a                                                                    
Decision  by the  Committee  section,  and for  consistency,                                                                    
modifying  (2)   to,  "After   deliberations  and   vote  in                                                                    
executive   session,  pursuant   to  AS   24.60.170(f),  the                                                                    
committee  will  reconvene  in   a  public  session."  Joyce                                                                    
Anderson  moved. There  were no  objections. The  motion was                                                                    
approved.                                                                                                                       
                                                                                                                                
Lee  Holmes  directed  the   committee's  attention  to  the                                                                    
proposed deletion  of the  paragraph at the  top of  page 25                                                                    
and  entertained discussion.  There was  no discussion.  Lee                                                                    
Holmes  entertained a  motion.  Conner  Thomas moved.  There                                                                    
were no objections. The motion was approved.                                                                                    
                                                                                                                                
[Reference  Section  17 Complaints-Decisions  (c)  Dismissal                                                                    
Prior to Investigation]                                                                                                         
                                                                                                                                
Lee  Holmes   addressed  the   proposed  revisions   in  (c)                                                                    
Dismissal   Prior  to   Investigation   section,  read   the                                                                    
rationale,   and  entertained   discussion.  There   was  no                                                                    
discussion.  Lee Holmes  entertained  a  motion to  approve.                                                                    
Joyce Anderson  moved. There were no  objections. The motion                                                                    
was approved.                                                                                                                   
                                                                                                                                
[Reference  Section  17 Complaints-Decisions  (d)  Dismissal                                                                    
for Lack of Probable Cause]                                                                                                     
                                                                                                                                
Lee  Holmes  directed  the   committee's  attention  to  the                                                                    
proposed  revisions in  the Dismissal  for Lack  of Probable                                                                    
Cause   section,  read   the   rationale,  and   entertained                                                                    
discussion. There was no  discussion. Lee Holmes entertained                                                                    
a  motion  to  approve.  Skip  Cook  moved.  There  were  no                                                                    
objections. The motion was approved.                                                                                            
                                                                                                                                
[Reference     Section    17     Complaints-Decisions    (e)                                                                    
Determination of Probable Cause]                                                                                                
                                                                                                                                
Lee  Holmes   moved  to  the   proposed  revisions   in  the                                                                    
Determination   of   Probable   Cause  section,   read   the                                                                    
rationale,   and  entertained   discussion.  There   was  no                                                                    
discussion.  Lee Holmes  entertained  a  motion to  approve.                                                                    
Representative Sara Hannan moved.  There were no objections.                                                                    
The motion was approved.                                                                                                        
                                                                                                                                
[Reference  Section   17  Complaints-Decisions   (f)  Annual                                                                    
Summary Publication]                                                                                                            
                                                                                                                                
Lee  Holmes  directed  the   committee's  attention  to  the                                                                    
proposed  revisions   in  the  Annual   Summary  Publication                                                                    
section,  read the  rationale,  and entertained  discussion.                                                                    
There was no discussion. Lee  Holmes entertained a motion to                                                                    
approve. Conner Thomas moved. There  were no objections. The                                                                    
motion was approved.                                                                                                            
                                                                                                                                
[Reference  Section  18  Complaints-Hearing  Procedures  (g)                                                                    
General]                                                                                                                        
                                                                                                                                
Lee Holmes  addressed the proposed  revisions in  Section 18                                                                    
Complaints - Hearing Procedures.  He read the rationale then                                                                    
entertained discussion. There was  no discussion. Lee Holmes                                                                    
entertained  a motion  to approve.  Skip  Cook moved.  There                                                                    
were no objections. The motion was approved.                                                                                    
                                                                                                                                
[Reference  Section  18  Complaints-Hearing  Procedures  (b)                                                                    
General]                                                                                                                        
                                                                                                                                
Lee Holmes  moved to the  proposed revisions in  the Counsel                                                                    
Representation  at Hearing  section. Joyce  Anderson pointed                                                                    
out that the  language proposed for deletion  had been moved                                                                    
to Section 18 (a)(1).                                                                                                           
                                                                                                                                
[Reference  Section  18  Complaints-Hearing  Procedures  (a)                                                                    
Conduct of Hearing]                                                                                                             
                                                                                                                                
Lee Holmes  then directed the  committee's attention  to the                                                                    
proposed  changes  in the  Conduct  of  Hearing section  and                                                                    
entertained discussion. Jerry Anderson  noted the first line                                                                    
of the  paragraph following the rationale  was inadvertently                                                                    
deleted. Joyce  Anderson read the missing  text: The hearing                                                                    
office  will rule  on  whether  a witness  is  to appear  in                                                                    
person or on  .                                                                                                                 
                                                                                                                                
Lee  Holmes  entertained  a motion  to  approve.  Skip  Cook                                                                    
advised  modifying the  first sentence  of the  section that                                                                    
says,  "The committee  shall appoint   " to,  "The committee                                                                    
chair shall  appoint  "  in order to  better align  with the                                                                    
intent in  the last sentence,  which he contended,  would no                                                                    
longer   be   needed.   Lee  Holmes   responded   that   the                                                                    
modification would authorize the  chair to appoint a hearing                                                                    
officer    regardless    of    the    committee's    stance.                                                                    
Representative Sara Hannan added  her concern that there was                                                                    
no appeal  process in  the choice  of hearing  officer. Skip                                                                    
Cook advised looking at statute.                                                                                                
                                                                                                                                
4:43                                                                                                                          
                                                                                                                                
Patrick FitzGerald left the meeting.                                                                                            
                                                                                                                                
Lee  Holmes opined  that the  section seemed  to be  in line                                                                    
with legislative  committee chair  authority. Representative                                                                    
DeLena  Johnson  recommended  deleting  the  last  line  and                                                                    
modifying the  first sentence to  say, "The  committee chair                                                                    
may  appoint."  Skip Cook  asked  if  rather than  "may"  it                                                                    
should be  "shall." Lee Holmes  asked Jerry Anderson  if the                                                                    
word "shall"  would make a hearing  officer mandatory. Jerry                                                                    
Anderson agreed  that the expense  of a hearing  officer may                                                                    
not be desirable. Joyce Anderson  countered that the section                                                                    
under  discussion  is  part  of   the  procedure  after  the                                                                    
decision to hire a hearing officer takes place.                                                                                 
                                                                                                                                
Lee Holmes read the sentence  just before the sentence under                                                                    
discussion:   The  hearing   shall  be   in  front   of  the                                                                    
appropriate   committee   of   the   Select   Committee   on                                                                    
Legislative Ethics  and presided over  by the chair  of that                                                                    
committee. Lee  Holmes understood  the next line  would say,                                                                    
"The  committee  chair  may  appoint  an  impartial  Hearing                                                                    
Officer  to facilitate  and expedite  procedural aspects  of                                                                    
the hearing."  Lee Holmes  added that it  is clear  that the                                                                    
chair presides and the chair may appoint.                                                                                       
                                                                                                                                
Representative Sara Hannan asked  if the committee chair can                                                                    
serve   as   the   hearing  officer.   Skip   Cook   replied                                                                    
affirmatively and added  that the committee had  in the past                                                                    
used  administrative hearing  statute procedures.  Skip Cook                                                                    
supported the use of the word "may" in the first sentence.                                                                      
                                                                                                                                
Patrick FitzGerald returned to the meeting.                                                                                     
                                                                                                                                
4:46                                                                                                                          
                                                                                                                                
Representative  Sara Hannan  concluded it  was important  to                                                                    
say  the  committee chair's  decision  is  final. Skip  Cook                                                                    
checked his understanding  that the chair would  decide if a                                                                    
hearing officer is needed and  who that hearing officer will                                                                    
be.  Lee Holmes  agreed  with Skip  Cook's assessment.  Skip                                                                    
Cook  stated  that  is  out  of  line  with  past  committee                                                                    
practice; the  decision to hire  a hearing officer  was made                                                                    
by the committee. Conner Thomas  agreed with Skip Cook. Skip                                                                    
Cook opined that he did  not want to put that responsibility                                                                    
on  the   chair  and  recommended  modifying   the  proposed                                                                    
revision  to "The  committee  may authorize  the  chair    .                                                                    
Joyce   Anderson   voiced   agreement   with   Skip   Cook's                                                                    
recommendation  and together  they  expressed the  sentiment                                                                    
that  the committee  makes the  decision to  hire a  hearing                                                                    
officer and the chair decides the hearing officer.                                                                              
                                                                                                                                
Representative DeLena Johnson  iterated her understanding of                                                                    
the difference  between the responsibility of  the committee                                                                    
and that of the chair -  the committee makes the decision to                                                                    
appoint  a  hearing  officer  and  the  chair  appoints  the                                                                    
hearing officer. Joyce  Anderson replied that Representative                                                                    
DeLena Johnson's understanding was correct.                                                                                     
                                                                                                                                
Lee Holmes  asked Jerry  Anderson if  the committee  can act                                                                    
outside of  a formal meeting  in choosing to hire  a hearing                                                                    
officer  or  in  choosing  a  hearing  officer.  Lee  Holmes                                                                    
expressed his  concern that  a delay  in the  decision could                                                                    
delay  the public  hearing. Jerry  Anderson replied  that by                                                                    
the time  a complaint  is at the  public hearing  stage, the                                                                    
process  is involved  and expressed  his opinion  that delay                                                                    
would  not  be  an  impediment. Skip  Cook  added  that  the                                                                    
committee is  involved all along  so they would know  if the                                                                    
situation were serious enough to  hire a hearing officer and                                                                    
he repeated his opinion that  the decision to hire a hearing                                                                    
officer belongs to the  whole committee. Representative Sara                                                                    
Hannan agreed that the whole  committee should determine the                                                                    
need for  a hearing officer  and the chair  should determine                                                                    
the identity of the hearing officer.                                                                                            
                                                                                                                                
Skip Cook  reiterated his suggestion to  say, "The committee                                                                    
may  authorize the  chair to  appoint  an impartial  hearing                                                                    
officer   "  Joyce  Anderson advised  dividing  the  hearing                                                                    
officer  section  into  two  sections:  one  that  says  the                                                                    
committee determines the need for  a hearing officer and the                                                                    
other defining the  chair's authority. Representative DeLena                                                                    
Johnson advised  only modifying the  last sentence  to, "The                                                                    
committee  chair  appoints  the   hearing  officer  and  the                                                                    
committee   chair's  decision   is  final."   The  committee                                                                    
continued  the discussion  and  reviewed for  Representative                                                                    
DeLena  Johnson's  benefit  the  process used  in  the  most                                                                    
recent public hearing.                                                                                                          
                                                                                                                                
5:08                                                                                                                          
                                                                                                                                
Representative DeLena Johnson left the meeting.                                                                                 
                                                                                                                                
Lee Holmes asked  Jerry Anderson if it would  be possible to                                                                    
continue wordsmithing  the section  by email outside  of the                                                                    
meeting and then to distribute  the final product to all the                                                                    
committee members.  Jerry Anderson replied that  it would be                                                                    
possible to  proceed per Lee  Holmes's proposal.  Lee Holmes                                                                    
entertained discussion  of tabling the paragraph.  There was                                                                    
no  discussion.   The  committee  moved  forward   with  the                                                                    
understanding  that Jerry  Anderson  would  provide a  first                                                                    
draft, which would  be sent to Joyce Anderson  and Skip Cook                                                                    
for  review.  When  complete, the  final  product  would  be                                                                    
emailed to all committee members for electronic approval.                                                                       
                                                                                                                                
[Reference Section  18 Complaints-Hearing  Procedures (g)(6)                                                                    
Teleconference]                                                                                                                 
Lee  Holmes  moved to  the  next  proposed revision  in  the                                                                    
Conduct  of Hearing,  Teleconference  section,  he read  the                                                                    
rationale,   and  entertained   discussion.  There   was  no                                                                    
discussion. Lee Holmes  entertained a motion. Representative                                                                    
Sara  Hannan moved.  There were  no  objections. Lee  Holmes                                                                    
stated there was a hold on the vote.                                                                                            
                                                                                                                                
5:13                                                                                                                          
                                                                                                                                
[Reference  Section  18  Complaints-Hearing  Procedures  (h)                                                                    
Post-Hearing]                                                                                                                   
                                                                                                                                
Lee  Holmes  directed  the   committee's  attention  to  the                                                                    
proposed revisions in the  Post-Hearing section and reviewed                                                                    
the rationale. Joyce Anderson said  that the language in (2)                                                                    
of  the Post  Hearing section  should be  changed as  it was                                                                    
changed  in two  previous sections  to "After  deliberations                                                                    
and vote in executive  session, pursuant to AS 24.60.170(f),                                                                    
the committee will reconvene in a public session."                                                                              
                                                                                                                                
Lee Holmes entertained discussion.  There was no discussion.                                                                    
Lee Holmes  deliberated whether the committee  could vote on                                                                    
the proposed  revision under discussion or  if the committee                                                                    
would  need to  wait until  there was  a quorum.  Lee Holmes                                                                    
recommended waiting  until that time  to vote on all  of the                                                                    
remaining revisions.                                                                                                            
                                                                                                                                
5:15                                                                                                                          
                                                                                                                                
[Reference Section 19 Complaints-Discovery]                                                                                     
                                                                                                                                
Lee Holmes moved to the  proposed title change in Section 19                                                                    
Complaints  - Discovery  and read  the rationale.  Skip Cook                                                                    
said that  the section  was confusing and  needed re-working                                                                    
and he recommended proceeding in  the same fashion as in the                                                                    
Hearing  Officer  section.  Joyce  Anderson  said  that  she                                                                    
agreed with  the idea of  sending out for review  a re-draft                                                                    
of the section  but that she thought  a committee discussion                                                                    
was  necessary before  approval.  Joyce  Anderson also  said                                                                    
that  she  thought  it  was  important  that  all  committee                                                                    
members vote  by email on  the Conduct of Hearing  and Post-                                                                    
Hearing sections  and recommended  adding discussion  of the                                                                    
Complaints-Discovery section to the next meeting's agenda.                                                                      
                                                                                                                                
Lee  Holmes said  the committee  had voted  on all  proposed                                                                    
revisions  with the  exception of  the  Conduct of  Hearing,                                                                    
Post-Hearing,  and  the  Complaints-Discovery  sections.  He                                                                    
said the  proposed revisions in  the Conduct of  Hearing and                                                                    
Post-Hearing sections  would be  voted on  by email  and the                                                                    
Complaints-Discovery section  would be  on the  next meeting                                                                    
agenda.  Conner  Thomas asked  if  there  was a  possibility                                                                    
there  would be  a quorum  before the  end of  the day.  Lee                                                                    
Holmes replied  that it might  be possible and called  for a                                                                    
recess.                                                                                                                         
                                                                                                                                
5:21:41 PM                                                                                                                    
                                                                                                                                
RECESS                                                                                                                          
                                                                                                                                
5:45                                                                                                                          
                                                                                                                                
Lee Holmes called the meeting back to order.                                                                                    
                                                                                                                                
Roll call                                                                                                                     
                                                                                                                                
Representative Sara Hannan                                                                                                      
     (Alternate for Representative Louise Stutes)                                                                               
Skip Cook                                                                                                                       
Conner Thomas                                                                                                                   
Joyce Anderson                                                                                                                  
Representative DeLena Johnson                                                                                                   
Patrick FitzGerald (Alternate Public Member)                                                                                    
Lee Holmes                                                                                                                      
Deb Fancher (telephonically)                                                                                                    
                                                                                                                                
Quorum present.                                                                                                                 
                                                                                                                                
Absent                                                                                                                          
                                                                                                                                
Senator John Coghill                                                                                                            
Senator Tom Begich                                                                                                              
Representative Louise Stutes                                                                                                    
                                                                                                                                
6. CHAIR/STAFF REPORT                                                                                                       
   a. Informal Advice Staff Report                                                                                          
Jerry  Anderson referred  to the  informal advice  report in                                                                    
the  packet, noting  the uniqueness  of  the questions  that                                                                    
were  included,   and  advised  the  committee   that  their                                                                    
comments were welcome.                                                                                                          
                                                                                                                                
Representative  Sara Hannan  asked  for clarification  about                                                                    
the first question and answer.                                                                                                  
                                                                                                                                
     May  a  legislator  engage  in  fundraising  activities                                                                  
     including solicitations  for a local or  municipal race                                                                  
     within 90 days during a special session?                                                                                 
                                                                                                                              
     No. The exception at AS  24.60.031(b)(1)(A) is only for                                                                    
     an election  in which the legislator  is the candidate.                                                                    
     The  legislator is  not  a candidate  in  the local  or                                                                    
     municipal  race within  90 days  in this  instance. The                                                                    
     question  involved fundraising  activities for  another                                                                    
     candidate.                                                                                                                 
                                                                                                                                
5:48                                                                                                                          
                                                                                                                                
Representative  Sara Hannan  noted  that  the answer  begins                                                                    
with  "No" but  the narrative  suggests an  exception for  a                                                                    
legislator  who  is  not a  candidate.  Representative  Sara                                                                    
Hannan asked for clarification.                                                                                                 
                                                                                                                                
Jerry  Anderson responded  that the  answer is  no, however,                                                                    
there is an exception to  the general no fundraising rule in                                                                    
AS 24.60.031(b)(1)(A), which did  not apply in the situation                                                                    
under review.                                                                                                                   
                                                                                                                                
Representative Sara  Hannan said her understanding  was that                                                                    
as  an  elected person  she  may  not  fund raise  during  a                                                                    
session  for  herself  or  anyone running  for  a  local  or                                                                    
municipal race.                                                                                                                 
                                                                                                                                
Jerry   Anderson  affirmed   Representative  Sara   Hannan's                                                                    
understanding   and  referred   to   the   language  in   AS                                                                    
24.60.031(b)(1)(A).                                                                                                             
                                                                                                                                
Joyce  Anderson suggested  re-working the  answer by  moving                                                                    
the third sentence before the  second sentence and modifying                                                                    
that sentence  to say, "The  exception is only in  which the                                                                    
legislator is a candidate."                                                                                                     
                                                                                                                                
Joyce  Anderson commented  that the  first question  on page                                                                    
three should reference AS 24.60.105(c).                                                                                         
                                                                                                                                
Joyce Anderson asked  if the questions and  answers would be                                                                    
available   to  read   online.   Jerry  Anderson   responded                                                                    
affirmatively, after they are approved and amended.                                                                             
                                                                                                                                
Joyce  Anderson   recommended  adding  a  reference   to  AS                                                                    
24.60.030(f),  which refers  to  board  memberships, to  the                                                                    
bottom of page two.                                                                                                             
                                                                                                                                
   b. National Conference of State Legislatures (NCSL)                                                                      
     Ethics Training                                                                                                          
                                                                                                                                
Lee Holmes  reported that the  National Conference  of State                                                                    
Legislatures  (NCSL) had  held two  trainings in  Juneau and                                                                    
asked Jerry Anderson for comment.                                                                                               
                                                                                                                                
Jerry Anderson reported  that a total of  87 people attended                                                                    
the  training sessions,  58 in  the  morning and  29 in  the                                                                    
afternoon.  Jerry Anderson  also reported  that response  to                                                                    
the  training  was  highly  favorable   and  that  there  is                                                                    
interest in bringing them back for training in 2021.                                                                            
                                                                                                                                
Skip Cook  said he thought  the NCSL training  was excellent                                                                    
and that Jerry  Anderson's use of the  limited time allotted                                                                    
to him was effective.                                                                                                           
                                                                                                                                
Joyce  Anderson agreed  with Skip  Cook and  added that  she                                                                    
liked  that  Jerry  Anderson  covered  the  ethics  statutes                                                                    
section by section.                                                                                                             
                                                                                                                                
Jerry Anderson  said it was  challenging to get  through the                                                                    
Legislative  Ethics Act  in 40  minutes and  so he  tried to                                                                    
focus in on the parts most relevant to the attendees.                                                                           
                                                                                                                                
6:00                                                                                                                          
                                                                                                                                
Senator Tom Begich joined the meeting.                                                                                          
                                                                                                                                
   c. COGEL Reports                                                                                                         
                                                                                                                                
Lee  Holmes   reported  that   Skip  Cook,   Conner  Thomas,                                                                    
Representative   Louise    Stutes,   Representative   DeLena                                                                    
Johnson, and Jerry Anderson attended  COGEL 2019. Lee Holmes                                                                    
invited Jerry Anderson to comment.                                                                                              
                                                                                                                                
Jerry  Anderson opined  that  COGEL  conferences get  better                                                                    
every  year and  it  is reflected  in increased  attendance.                                                                    
Exposure  to the  issues outside  Alaska  is beneficial  for                                                                    
Alaskans.                                                                                                                       
                                                                                                                                
Representative  DeLena Johnson  expressed  her opinion  that                                                                    
the conference  was outstanding,  speaker quality  was high,                                                                    
and  the topics  were relevant  -  all together  one of  the                                                                    
better learning experiences she has had.                                                                                        
                                                                                                                                
Conner Thomas agreed with  Representative DeLena Johnson and                                                                    
said that the  sessions he attended were  well presented and                                                                    
extremely interesting.                                                                                                          
                                                                                                                                
Skip Cook  agreed with  Jerry Anderson  that the  quality of                                                                    
COGEL  conferences  increases  every  year  and  recommended                                                                    
committee members attend if the opportunity arises.                                                                             
                                                                                                                                
Joyce Anderson asked what the  membership cost is now. Jerry                                                                    
Anderson responded  about $660. Joyce Anderson  said that in                                                                    
her opinion, it was well worth it.                                                                                              
                                                                                                                                
6:08                                                                                                                          
                                                                                                                                
5. REVIEW OF COMMITTEE RULES OF PROCEDURE - CONTINUED                                                                       
                                                                                                                              
Lee Holmes  directed the committee's  attention back  to the                                                                    
Rules  of Procedure  discussion.  Lee  Holmes reported  that                                                                    
during  the  break Skip  Cook,  Joyce  Anderson, and  Conner                                                                    
Thomas had revised the hearing  officer portion of the Rules                                                                    
of  Procedure. Lee  Holmes directed  Joyce Anderson  to read                                                                    
the revised language.                                                                                                           
                                                                                                                                
[Reference  Section  18  Complaints-Hearing  Procedures  (g)                                                                    
Conduct of Hearing]                                                                                                             
                                                                                                                                
Joyce Anderson read the proposed revision:                                                                                      
                                                                                                                                
a. The  committee may  determine the  need for  an impartial                                                                    
Hearing  Officer  to   facilitate  and  expedite  procedural                                                                    
aspects of the hearing.                                                                                                         
                                                                                                                                
b.  The committee  chair  shall compile  a  list of  hearing                                                                    
officers.  The  list  will  be  provided  to  the  committee                                                                
counsel  and  the counsel  for  the  person charged  or  the                                                                    
person  charged.  The counsels  or  the  person charged  may                                                                    
submit  recommendations  to  the   chair  for  selection  or                                                                    
disqualification  of any  candidate.  The committee  chair's                                                                    
selection of the hearing officer is final.                                                                                      
                                                                                                                                
Lee  Holmes thanked  the committee  members and  entertained                                                                    
discussion  of the  proposed  revision.  Senator Tom  Begich                                                                    
recommended  a  motion prior  to  discussion.  Skip Cook  so                                                                    
moved. There was no discussion.  There was no objection. The                                                                    
motion was approved.                                                                                                            
                                                                                                                                
Lee  Holmes  reviewed  two   other  proposed  revisions  not                                                                    
approved due to lack of  a quorum: (6) Teleconference in the                                                                    
Conduct of Hearing  section and (h) (2)  in the Post-Hearing                                                                    
section.  Lee  Holmes  entertained   a  motion  to  approve.                                                                    
Senator Tom Begich moved.  Lee Holmes entertained discussion                                                                    
on  the proposed  revision. There  was no  discussion. There                                                                    
were no objections. The motion was approved.                                                                                    
                                                                                                                                
Lee Holmes  reminded the committee  that the changes  to the                                                                    
Complaints-Discovery  section  were  tabled until  the  next                                                                    
meeting.                                                                                                                        
                                                                                                                                
6:12:45 PM                                                                                                                    
                                                                                                                                
7. OTHER BUSINESS                                                                                                           
Lee Holmes asked  Jerry Anderson if he wanted  to attempt to                                                                    
set a future meeting date.                                                                                                      
                                                                                                                                
Jerry  Anderson  responded that  he  was  not aware  of  any                                                                    
pending business so  the meeting would only  need to address                                                                    
administrative  matters and  the balance  of changes  to the                                                                    
rules of procedure.                                                                                                             
                                                                                                                                
The  committee  discussed  possible  future  meeting  dates.                                                                    
Senator Tom  Begich suggested that committee  members inform                                                                    
Jerry Anderson  about known absences. Lee  Holmes agreed and                                                                    
asked  Jerry Anderson  if he  would for  discussion purposes                                                                    
propose  a time  frame.  Jerry Anderson  suggested a  three-                                                                    
month  time frame.  Lee Holmes  suggested a  four-month time                                                                    
frame and asked committee  members to contact Jerry Anderson                                                                    
with their  known absences for  February, March,  April, and                                                                    
May.                                                                                                                            
                                                                                                                                
Lee Holmes  invited discussion  about other  business. There                                                                    
was none.                                                                                                                       
                                                                                                                                
Senator  Tom   Begich  moved  to  adjourn.   There  were  no                                                                    
objections. The meeting adjourned.                                                                                              
                                                                                                                                
6:16:28 PM                                                                                                                    
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
January 21 Full Committee Packet.pdf JETH 1/21/2020 3:00:00 PM