Legislature(2017 - 2018)Anch LIO Lg Conf Rm
07/17/2018 11:30 AM Senate SELECT COMMITTEE ON LEGISLATIVE ETHICS
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* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE
SELECT COMMITTEE ON LEGISLATIVE ETHICS
JULY 17, 2018
11:34:29 AM
Committee members present:
Dennis "Skip" Cook, Chair
Senator John Coghill (telephonic)
Senator Dennis Egan (telephonic)
Representative Colleen Sullivan-Leonard
Representative Chris Tuck
Deb Fancher
Lee Holmes
Joyce Anderson
Conner Thomas
Others present:
Dan Wayne (telephonic)
Jerry Anderson, Administrator
Jacqui Yeagle, Administrative Assistant
1. Call the Meeting to Order
Chair Dennis "Skip" Cook called the meeting to order at
11:37 AM.
2. Approval of Agenda
Conner Thomas made a motion to approve the agenda. No
objection. Agenda approved.
3. Approval of Minutes
a. May 17, 2018 Full Committee Minutes
Deb Fancher made a motion to approve the minutes. No
objection. Minutes approved.
b. May 17, 2018 House Subcommittee Minutes
Lee Holmes made a motion to approve the minutes. No
objection. Minutes approved.
4. Public Comment
Josh Fryfogle, a constituent of Representative David
Eastman, spoke to the committee about his concerns about
the proceedings to date regarding Representative Eastman.
Fryfogle reported that he had watched the January 31, 2018
360 North recording in which Representative Chris Tuck put
forth the Ethics Committee recommendation to remove
Representative Eastman from the Ethics Committee.
Fryfogle reported that when Representative Eastman tried to
explain that he had had no opportunity, no access, and no
possible way of knowing about any action against another
member of the legislature, Representative Tuck interrupted
him citing an Ethics Committee rule that there should not
be discussion of the details of the case.
To Fryfogle, Representative Tuck's action seemed to imply
that Representative Eastman was reporting details in a
public forum that should be kept confidential, but
Representative Eastman was literally stating he did not
know any details. That causes Fryfogle concern and he asked
the Committee to answer to that scenario and attempt to
make sense out of it.
Secondly, Fryfogle reported that he had visited the Ethics
Committee website and one of the statements on the website
stuck out for him: that the mandate for the existence of
this Committee is "A fair and open government requires that
legislators and legislative employees conduct the public's
business in a manner that preserves the integrity of the
legislative process and avoids conflicts of interest or
even appearances of conflicts of interest."
Fryfogle added that given the Committee's previous
determination of Representative Eastman's guilt, a hearing
before the Committee is the essence of a conflict of
interest. Fryfogle expressed concern that there is a
definite appearance of a conflict of interest and whether
the Committee re-confirms its previous finding or finds
Representative Eastman not guilty, the Committee's
credibility is undermined.
Fryfogle expressed dissatisfaction with the amount of time
it has taken to arrange the hearing and see the evidence.
He also expressed concern that the damage is already done
as far as the public is concerned. Fryfogle believes that
the authorized media has reported this case in such a
fashion as to lead the general public to believe the "deal
is done" that there was a fair process but we are just
now getting to the fair process.
Fryfolge continued that this has not only diminished
Representative Eastman's voice, it has also diminished the
voices of his constituents, so it is very important that
there be a resolution, but he is disappointed that he does
not see any resolution that does not leave him questioning
the Ethics Committee as a whole.
Chair Cook responded that the Committee follows the process
as determined by the legislature. Cook suggested that
Fryfogle ask his representatives to push for change in the
legislature.
Fryfogle replied that it is his intention to do what Chair
Cook suggests. Fryfogle spoke again to his belief that
Representative Eastman's reputation has been diminished and
with that his capacity to create change in the legislature.
Fryfogle expressed concern that there is a breakdown in the
system. There is a flaw and things are not working as they
should. Fryfogle hopes for wisdom on the part of all of the
Committee members.
Fryfogle added that support for the Ethics Committee of all
committees should be of the highest standard. The public
should not be seeing a "no escape scenario" where
confidence in this Committee is lost and the damage is done
not just to Representative Eastman but to this Committee.
Representative Tuck responded to Fryfogle's question
regarding the floor session and his interruption of
Representative Eastman. Representative Tuck explained that
he was panicked that Representative Eastman would speak
about a case other than his own and attempted to prevent
that from occurring.
Fryfogle said that it was his understanding that at that
time, Representative Eastman still did not know of what he
was accused.
Fryfogle thanked the Committee and returned to the
audience.
5. Amendment of contracts related to Complaint 17-03
Administrator Jerry Anderson referred the Committee to the
contract documents in their packets. Jerry Anderson
explained that the proposal was to add $10,000 to each of
the contracts - for a total of $20,000 each. The additional
amount includes expenses in excess of the $10,000 incurred
in FY 18.
a. Conner Thomas moved to approve the contract with
Ingaldson Fitzgerald, P.C., increasing the total
contract to $20,000. No objection. Contract amendment
approved.
b. Lee Holmes moved to approve the contract with Nancy
Nolan, dba Nancy J. Nolan Resolution Services,
increasing the total contract to $20,000. No
objection. Contract amendment approved.
6. Chair/Staff Report
7. 2019 Ethics Training
Jerry Anderson explained that his report continues a
discussion about ethics training requirements in 2019 begun
at the May 17, 2018 meeting. Jerry Anderson reported he had
met with the Alaska State Commission for Human Rights and
discussed the training with them. The Human Rights
Commission proposed that they offer a 1? hour refresher
course (one-hour training and a half-hour discussion
period) for returning legislators and legislative
employees. The refresher course would be offered
immediately following the regular ethics training.
Jerry Anderson noted that the packet includes a draft of
what a training schedule would look like with a two-hour
long regular ethics training session and a one-and-a-half-
hour Sexual Harassment and Other Forms of Discrimination
training refresher course. New legislators and new
legislative employees would have the three-hour long ethics
training and the three-hour long Sexual Harassment training
for total of six hours.
Deb Fancher asked if a three-hour face-to-face training is
necessary or whether the training could be delivered
remotely. Jerry Anderson responded that some of the
sessions would be recorded for later viewing by those who
were unable to attend any of the face-to-face training
session or are hired later in the year.
Lee Holmes reported that when he attended a training
session, he noted how much interaction there was between
the presenter and attendees throughout the presentation.
That is a benefit that attendees would miss if the meeting
were not face-to-face.
Representative Tuck expressed his agreement with Holmes's
statement. Representative Tuck said the legislature has
unique scenarios and that there is a benefit to attendees
in being able to address those scenarios and hear the
answer to other attendees' scenarios.
Representative Tuck added that new legislators and staffers
already attend a week-long training before session begins.
In 2017, or so, Legislative Affairs did not include the
Sexual Harassment training and he believes that omission
may have led to some of the problems that occurred in the
legislature.
Representative Tuck added that some new legislators have a
hard time making it to the orientation and he is aware that
accommodations were made so they could attend remotely but
his preference is to allow that only in rare circumstances.
Joyce Anderson recalled that in the past, one or two
legislators were unable to attend the training and were not
even able to call in so as the administrator at that time,
she would conduct one-on-one trainings with them.
Chair Cook recapped the reason for the discussion: It was
determined that the Sexual Harassment training conducted by
the Human Rights Commission is under the Ethics Committee's
jurisdiction but relying on the Human Rights Commission to
conduct the training. Chair Cook entertained a motion to
accept the recommendation to offer a one-and-a-half-hour
refresher training sexual harassment training to returning
legislators and legislative employees.
Joyce Anderson confirmed that the training would be
mandatory.
Representative Colleen Sullivan-Leonard moved to accept the
recommendation. No objection. Motion approved.
Chair Cook directed Jerry Anderson to report the results
back to the Human Rights Commission.
Jerry Anderson commented that the Human Rights Commission
was very willing to conduct all of the training sessions
and are willing to make the arrangements to do so.
8. Executive Session:
Motion to go into EXECUTIVE SESSION to discuss matters
which by law must remain confidential under AS 24.60.160,
Uniform Rule 22(b) regarding executive sessions, and Rules
of Procedure Section 5: Executive Sessions and discussion
of matter that the immediate knowledge of would adversely
affect the finances of a governmental unit, and discussion
of subjects that tend to prejudice the reputation and
character of a person.
Conner Thomas moved to enter executive session. No
objection.
9. Executive Session
10. Public Session
Chair Cook re-opened the public session by asking Jerry
Anderson to summarize Advisory Opinion 18-03.
Jerry Anderson summarized the draft of Advisory Opinion 18-
03.
Advisory Opinion 18-03 advises that it is
improper for a legislator who is a candidate in a
general election to use the legislative print
shop or other state resources to print materials
during a campaign period as described in
AS.24.60.030(c) even when the legislator is an
independent candidate whose name does not appear
on the primary election ballot.
Chair Cook entertained a motion to approve the draft of
Advisory Opinion 18-03 as amended.
Joyce Anderson moved to approve Advisory Opinion 18-03 as
amended. No objection.
Roll Call Vote:
Sen John Coghill Y
Sen Dennis Egan Y
Rep Colleen Sullivan-Leonard Y
Rep Chris Tuck Y
Skip Cook Y
Conner Thomas Y
Joyce Anderson Y
Deb Fancher Y
Lee Holmes Y
Advisory Opinion 18-03 was approved as amended by a vote of
9-0.
Jerry Anderson summarized the draft of Advisory Opinion 18-
04 as amended.
Formal Advisory Opinion 18-04 advises that the
Legislative Ethics Act does not prohibit a
legislator from reserving or submitting a
Legislative Citation that names a person who is
not a constituent of that legislator, subject to
AS 24.60.030 limitations.
Chair Cook called for a roll call vote.
Roll Call Vote:
Sen John Coghill Y
Sen Dennis Egan Y
Rep Colleen Sullivan-Leonard Y
Rep Chris Tuck Y
Skip Cook Y
Conner Thomas Y
Joyce Anderson Y
Deb Fancher Y
Lee Holmes Y
Advisory Opinion 18-04 was approved as amended by a vote of
9-0.
11. Other Business
12. Adjourn
Chair Cook entertained a motion to adjourn.
A motion to adjourn was made by Conner Thomas. No
objection. Meeting adjourned at 12:57 PM.
| Document Name | Date/Time | Subjects |
|---|---|---|
| FullCommittee.pdf |
JETH 7/17/2018 11:30:00 AM |
|
| DRAFT 20180717 FullCommitteeMinutes.pdf |
JETH 7/17/2018 11:30:00 AM |