Legislature(2019 - 2020)TELEPHONIC ONLY

09/22/2020 10:00 AM SELECT COMMITTEE ON LEGISLATIVE ETHICS

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Audio Topic
10:02:51 AM Start
10:42:11 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Anchorage Only: 563-9085
Juneau Only: 586-9085
Outside Anchorage or Juneau: 1-844-586-9085
- Call to Order
+ - Approval of Agenda TELECONFERENCED
+ - Approval of Minutes TELECONFERENCED
a. January 21, 2020 Full Committee Minutes
b. May 27, 2020 Senate Subcommittee Minutes
- Public Comment
+ - Chair/Staff Report TELECONFERENCED
a. Planning for 2021 Ethics Training
b. State Benefit and Loan Program Review
- Other Business
- Adjourn
                 ALASKA STATE LEGISLATURE                                                                                     
          SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                              
                    SEPTEMBER 22, 2020                                                                                        
                         10:00 AM                                                                                             
                                                                                                                              
                      FULL COMMITTEE                                                                                          
                                                                                                                              
                                                                                                                              
10:02:51 AM                                                                                                                 
                                                                                                                              
1. CALL THE MEETING TO ORDER                                                                                                
                                                                                                                              
Lee Holmes called the meeting to order at 10:02 a.m. on                                                                       
September 22, 2020, and asked Jerry Anderson to conduct                                                                       
roll call.                                                                                                                    
                                                                                                                              
Roll call                                                                                                                     
                                                                                                                              
Senator John Coghill (telephonic)                                                                                             
Senator Tom Begich (telephonic)                                                                                               
Representative DeLena Johnson (telephonic)                                                                                    
Representative Louise Stutes (telephonic)                                                                                   
Conner Thomas (telephonic)                                                                                                    
Lee Holmes (telephonic)                                                                                                       
Joyce Anderson                                                                                                                
Deb Fancher(telephonic)                                                                                                       
                                                                                                                              
Skip Cook - absent                                                                                                            
                                                                                                                              
Quorum present.                                                                                                               
                                                                                                                              
Others                                                                                                                        
                                                                                                                              
Senator Elvi Gray-Jackson (telephonic)                                                                                        
Senator David Wilson (telephonic)                                                                                             
Jerry Anderson                                                                                                                
Jacqui Yeagle                                                                                                                 
Skiff Lobaugh (telephonic)                                                                                                    
                                                                                                                              
10:05:00 AM                                                                                                                 
                                                                                                                              
2. APPROVAL OF THE AGENDA                                                                                                   
                                                                                                                              
Lee Holmes entertained a motion to approve the agenda.                                                                        
                                                                                                                              
Motion made by Senator Tom Begich                                                                                             
                                                                                                                              
There were no objections.                                                                                                     
                                                                                                                              
The agenda was approved.                                                                                                      
                                                                                                                              
3. APPROVAL OF MINUTES                                                                                                      
                                                                                                                              
Lee Holmes  entertained a motion  to accept the  January 21,                                                                  
2020 Full Committee meeting minutes.                                                                                          
                                                                                                                              
Motion made by Representative Louise Stutes                                                                                   
                                                                                                                              
There were no objections.                                                                                                     
                                                                                                                              
The minutes were approved.                                                                                                    
                                                                                                                              
Lee Holmes entertained  a motion to accept the  May 27, 2020                                                                  
Senate Subcommittee meeting minutes.                                                                                          
                                                                                                                              
Motion made by Senator Tom Begich                                                                                             
                                                                                                                              
There were no objections.                                                                                                     
                                                                                                                              
The minutes were approved.                                                                                                    
                                                                                                                              
10:06:32 AM                                                                                                                 
                                                                                                                              
4. PUBLIC COMMENT                                                                                                           
                                                                                                                              
No public comment.                                                                                                            
                                                                                                                              
10:07:12 AM                                                                                                                 
                                                                                                                              
5. CHAIR/STAFF REPORT                                                                                                       
                                                                                                                              
a. Planning for 2021 training                                                                                               
                                                                                                                              
Lee  Holmes  asked  Jerry  Anderson  if  Skiff  Lobaugh  was                                                                  
planning to  call in  to the meeting  for discussion  on the                                                                  
agenda item.                                                                                                                  
                                                                                                                              
Jerry  Anderson replied  that as  of  the day  prior to  the                                                                  
meeting,  it  was  his   understanding  that  Skiff  Lobaugh                                                                  
planned to attend for discussion of the agenda item.                                                                          
                                                                                                                              
Skiff Lobaugh  announced that he  was present  and available                                                                  
to answer questions.                                                                                                          
                                                                                                                              
Lee  Holmes   thanked  Skiff  Lobaugh  for   announcing  his                                                                  
presence.                                                                                                                     
                                                                                                                              
Lee Holmes asked  Jerry Anderson to open  a discussion about                                                                  
the 2021 ethics training.                                                                                                     
                                                                                                                              
Jerry  Anderson   thanked  Lee   Holmes  and   directed  the                                                                  
committees  attention  to the meeting  packet and  the email                                                                  
from Stacey Householder of the  National Conference of State                                                                  
Legislature  (NCSL). He  said  that  Stacey Householder  had                                                                  
assisted with ethics  training in 2020 and that  he had been                                                                  
in contact with her about potential training in 2021.                                                                         
                                                                                                                              
Jerry  Anderson  noted  that  because  all  legislators  and                                                                  
legislative  employees will  need  training  in 2021,  there                                                                  
will  be a  larger  number of  training sessions,  including                                                                  
possibly a  new legislator training in  December 2020, which                                                                  
would have a different format from the other trainings.                                                                       
                                                                                                                              
Jerry Anderson commented  that under committee consideration                                                                  
is the  components of the  training. Committee  members were                                                                  
provided for  reference the links  to NCSLs   2020 training,                                                                  
which   included  two   segments:  one   being  the   sexual                                                                  
harassment and  others forms of discrimination  training and                                                                  
the other training related to civility.                                                                                       
                                                                                                                              
Jerry  Anderson   asked  for   committee  input   about  the                                                                  
components  of the  training,  the time  to  devote to  each                                                                  
component, and the  training format   virtual  or in person.                                                                  
He  assured the  committee  that NCSL  can accommodate  both                                                                  
training format types.                                                                                                        
                                                                                                                              
Lee Holmes asked committee members if there were comments.                                                                    
                                                                                                                              
Representative Louise Stutes said  that she heard from other                                                                  
legislators  that the  sexual  harassment  training was  too                                                                  
long.                                                                                                                         
                                                                                                                              
Lee Holmes  thanked Representative  Louise Stutes  and asked                                                                  
for other comments or discussion.                                                                                             
                                                                                                                              
Joyce Anderson asked Jerry Anderson  to remind the committee                                                                  
how long the sexual  harassment training that Representative                                                                  
Louise Stutes referred to had been.                                                                                           
                                                                                                                              
Jerry Anderson  replied that  in 2020, it  was less  than 1                                                                   
hours long and in 2019, it was three hours long.                                                                              
                                                                                                                              
Representative  Louise   Stutes  made   it  clear   she  was                                                                  
referring to the 2019 training.                                                                                               
                                                                                                                              
Jerry Anderson thanked Representative  Louise Stutes for her                                                                  
clarification.                                                                                                                
                                                                                                                              
Lee  Holmes asked  Jerry  Anderson how  much  time would  be                                                                  
devoted to each of the topics in the 2021 training.                                                                           
                                                                                                                              
Jerry Anderson said that feedback  he had gotten was that 1                                                                   
hours of sexual  harassment training was still  too long and                                                                  
that  is one  of  the  reasons he  is  asking for  committee                                                                  
input. He  emphasized that the  more time devoted  to sexual                                                                  
harassment  training, the  less  time  available for  ethics                                                                  
training  given  the  direction  that  the  entire  training                                                                  
should not last longer than three hours.                                                                                      
                                                                                                                              
10:14:41 AM                                                                                                                 
                                                                                                                              
Representative Louise  Stutes remarked that it  seemed there                                                                  
was  more  participation  in the  portion  of  the  training                                                                  
delivered  by   Jerry  Anderson  and  questions   were  left                                                                  
unanswered. She  recommends allocating  more time  to ethics                                                                  
training.                                                                                                                     
                                                                                                                              
Jerry Anderson  agreed it  was unfortunate  that he  did not                                                                  
have time to fully address the questions.                                                                                     
                                                                                                                              
Lee Holmes asked  if three hours is too short  to cover both                                                                  
subjects adequately.                                                                                                          
                                                                                                                              
Jerry Anderson said three hours  is a practical good maximum                                                                  
amount  of  time  for  training    at  least  for  returning                                                                  
employees,  but he  granted that  perhaps new  employees may                                                                  
benefit from a  longer training. He said NCSL  is willing to                                                                  
accommodate  whatever  allocation   of  time  the  committee                                                                  
directs.                                                                                                                      
                                                                                                                              
Joyce  Anderson  asked  if  Skiff  Lobaugh  had  gotten  any                                                                  
feedback  about  the  length  of  training  and  the  topics                                                                  
covered.                                                                                                                      
                                                                                                                              
Skiff Lobaugh reported he had  heard a lot of feedback about                                                                  
both the  length of training  and the topics  covered. There                                                                  
are  individuals  who due  to  their  workload want  minimal                                                                  
training time. He  elaborated that NCSL seemed to  do a good                                                                  
job in  covering topics pertinent to  the legislative branch                                                                  
both  on  EEOC/sexual harassment  and  the  ethics side  but                                                                  
acknowledged the  need for  local knowledge  in the  area of                                                                  
ethics.  He also  reported  he had  not  heard any  negative                                                                  
comments  about the  NCSL  training so  he  thinks the  time                                                                  
allotted to the training was just right.                                                                                      
                                                                                                                              
Joyce Anderson  expressed to the  Chair Lee Holmes  that she                                                                  
wanted to pitch a discussion topic.                                                                                           
                                                                                                                              
Lee Holmes directed to Joyce Anderson to continue.                                                                            
                                                                                                                              
Joyce  Anderson  stated  she thinks  statute  requires  more                                                                  
detailed  ethics training  than does  the sexual  harassment                                                                  
training.  She  questioned  if  ethics  training  should  be                                                                  
delivered first while the attendees were fresh.                                                                               
                                                                                                                              
Lee Holmes expressed his opinion  that the sexual harassment                                                                  
training be delivered first because  it is more easily time-                                                                  
constrained and leave  the ethics training free  to run long                                                                  
if needed. He entertained other opinions.                                                                                     
                                                                                                                              
Senator  John  Coghill said  that  he  preferred the  sexual                                                                  
harassment training  first because many attendees  need only                                                                  
a refresher  where ethics training can  leave attendees with                                                                  
lingering  questions to  ponder.  He  suggested leaving  two                                                                  
hours  for  ethics training  if  possible.  He echoed  Skiff                                                                  
Lobaugh in  stating that he thinks  NCSL did a great  job in                                                                  
delivering their training.                                                                                                    
                                                                                                                              
Joyce Anderson agreed with Senator John Coghills comments.                                                                    
                                                                                                                              
Lee  Holmes  thanked  Joyce Anderson  and  asked  for  other                                                                  
comments.                                                                                                                     
                                                                                                                              
Lee  Holmes   summarized  what   he  understood   about  the                                                                  
training: the training will total  three hours, one hour for                                                                  
sexual harassment training to be  followed with two hours of                                                                  
ethics training.  He asked Jerry  Anderson if that  was also                                                                  
his understanding.                                                                                                            
                                                                                                                              
Jerry Anderson replied that it was his understanding.                                                                         
                                                                                                                              
Lee Holmes asked if a motion was needed.                                                                                      
                                                                                                                              
Jerry Anderson replied that he  did not believe a motion was                                                                  
necessary  because the  training  is still  in the  planning                                                                  
stages and  historically the  committee has  left it  to the                                                                  
administrator  to handle  the training  arrangement details.                                                                  
He  said  that Skiff  Lobaugh  has  always been  helpful  in                                                                  
setting  up the  sexual harassment  portion of  the training                                                                  
and  making sure  that the  training is  relevant and  meets                                                                  
local requirements.                                                                                                           
                                                                                                                              
Representative DeLena Johnson commented  that in her opinion                                                                  
the effectiveness of the sexual  harassment training is more                                                                  
important than length of time  devoted to it. She encouraged                                                                  
a  more   effective  training  that   is  relevant   to  the                                                                  
legislature.                                                                                                                  
                                                                                                                              
Deb  Fancher   recommended  good  teaching   practice  would                                                                  
include developing  an evaluation to use  in planning future                                                                  
trainings.                                                                                                                    
                                                                                                                              
Lee Holmes  thanked Deb  Fancher for  her comment.  He asked                                                                  
Jerry Anderson  if he could  work with Skiff Lobaugh  to put                                                                  
together a training evaluation.                                                                                               
                                                                                                                              
Jerry Anderson replied that he could.                                                                                         
                                                                                                                              
Lee  Holmes  entertained  further comments.  There  were  no                                                                  
further comments.                                                                                                             
                                                                                                                              
b. State benefit and loan program review                                                                                    
                                                                                                                              
Lee Holmes directed  attention to a review  of state benefit                                                                  
and  loan  programs  requiring disclosure.  He  asked  Jerry                                                                  
Anderson   to   provide   background  information   to   the                                                                  
committee.                                                                                                                    
                                                                                                                              
Jerry  Anderson   explained  the   review  is  one   of  the                                                                  
committees statutory duties, under AS.24.60.050(b):                                                                           
                                                                                                                              
     (b) The  committee shall review state  benefit programs                                                                  
     and  state  loans  and  annually   publish  a  list  of                                                                  
     programs and loans, designating  which ones do not meet                                                                  
     the standards of (a) of this section.                                                                                    
                                                                                                                                
Jerry Anderson elaborated that  the committees  directive is                                                                  
to review and  annually publish a list of  the state benefit                                                                  
and  loan  programs  that  do  not  meet  the  standards  in                                                                  
AS.24.60.050(a) and  therefore require an  ethics disclosure                                                                  
by legislators  or legislative employees who  participate in                                                                  
any of the programs.                                                                                                          
                                                                                                                              
Jerry  Anderson added  that staff  annually send  letters to                                                                  
all departments asking that they  review the current list in                                                                  
Appendix  C of  the Standards  of Conduct  Handbook to  make                                                                  
sure it accurately identifies the  programs that do not meet                                                                  
the standards.  Jerry Anderson said  that the  proposed 2021                                                                  
list, titled Appendix  C in the packet, is  a compilation of                                                                  
those programs as reported by the departments.                                                                                
                                                                                                                              
Jerry  Anderson reported  that only  one program  change had                                                                  
been reported:  a deletion of  the Alaska  Capstone Avionics                                                                  
Revolving  Fund by  the Department  of Commerce,  Community,                                                                  
and  Economic  Development. He  noted  that  a copy  of  the                                                                  
completed review form with the  deletion was included in the                                                                  
packet.                                                                                                                       
                                                                                                                              
Jerry Anderson asked  the committee to review  and adopt the                                                                  
list as  Appendix C  of the handbook,  which will  be handed                                                                  
out at training and available online.                                                                                         
                                                                                                                              
Jerry Anderson asked the committee if there were questions.                                                                   
                                                                                                                              
Lee   Holmes  entertained   questions.   Hearing  none,   he                                                                  
entertained  a motion  to adopt  the proposed  list for  the                                                                  
2021 Standards of Conduct Handbook.                                                                                           
                                                                                                                              
Deb Fancher moved.                                                                                                            
                                                                                                                              
Lee Holmes  asked if  there were  objections. There  were no                                                                  
objections. The motion was approved.                                                                                          
                                                                                                                              
6. OTHER BUSINESS                                                                                                           
                                                                                                                              
Lee Holmes moved to other  business. He stated that the next                                                                  
committee  meeting is  set for  the week  of January  18. He                                                                  
asked Jerry  Anderson his opinion about  whether the meeting                                                                  
would be earlier or later in that week.                                                                                       
                                                                                                                              
Jerry Anderson said the meeting  format is still unknown. He                                                                  
said that are only some  committee activities can be handled                                                                  
telephonically. He  added that  committee members  also need                                                                  
training in 2021.                                                                                                             
                                                                                                                              
Joyce Anderson said  that in planning a  meeting date, there                                                                  
is  also   a  need   to  check  statute   about  legislative                                                                  
appointments to the committee and  to consider the timing of                                                                  
those appointments.                                                                                                           
                                                                                                                              
Lee Holmes asked for comments.                                                                                                
                                                                                                                              
Senator Tom  Begich said he had  been going to bring  up the                                                                  
same point.  Does the  committee have to  meet at  a certain                                                                  
time?   Who  attends   the   first   meeting?  The   current                                                                  
legislative members or the new members?                                                                                       
                                                                                                                              
Jerry  Anderson  responded  that  changes  are  expected  in                                                                  
legislative membership  and the new members  will attend the                                                                  
first  meeting. He  added that  the  terms of  three of  the                                                                  
public members also  expire. All have agreed  to continue on                                                                  
the committee,  subject to nomination  by the  chief justice                                                                  
of the Alaska Supreme Court.                                                                                                  
                                                                                                                              
Senator  Tom  Begich  asked  again   if  the  committee  was                                                                  
required  to meet  within a  certain number  of days  of the                                                                  
start of  session on  January 19,  and if  so, what  is that                                                                  
number  of days.  If not,  he recommends  waiting until  the                                                                  
following week.                                                                                                               
                                                                                                                              
Jerry Anderson  replied that the  committee is  not required                                                                  
to meet that week but it has traditionally done so.                                                                           
                                                                                                                              
Senator Tom Begich  recommended meeting on January  25 or 26                                                                  
for two  reasons: committee legislative membership  would be                                                                  
identified  and because  there is  a  possibility that  some                                                                  
legislative members may be  at the presidential inauguration                                                                  
during  the week  of  January 18.  He  recommended a  motion                                                                  
establishing  the   week  of  January   25  for   the  newly                                                                  
reconstituted committee.                                                                                                      
                                                                                                                              
Lee  Holmes thanked  Senator Tom  Begich. He  said that  the                                                                  
decision about  a meeting  date would  be delayed.  He asked                                                                  
everyone  to keep  the  week  of January  25  in mind  while                                                                  
calendaring their personal lives.                                                                                             
                                                                                                                              
Lee Holmes asked  Jerry Anderson if there  was anything more                                                                  
to discuss.                                                                                                                   
                                                                                                                              
Jerry Anderson thanked Senator Tom Begich for his input.                                                                      
                                                                                                                              
Lee Holmes asked for other comments and/or other business.                                                                    
                                                                                                                              
Hearing none, Lee Holmes entertained a motion to adjourn.                                                                     
                                                                                                                              
Joyce Anderson moved.                                                                                                         
                                                                                                                              
There were no objections.                                                                                                     
                                                                                                                              
Lee Holmes adjourned the meeting at 10:42 a.m.                                                                                
                                                                                                                              
ADJOURN:                                                                                                                      
                                                                                                                              
10:42:11 AM                                                                                                                 
                                                                                                                              
                                                                                                                              

Document Name Date/Time Subjects
20200922 BASIS Meeting Packet.pdf JETH 9/22/2020 10:00:00 AM