Legislature(2021 - 2022)ANCH LIO DENALI Rm
10/13/2022 09:00 AM Senate SELECT COMMITTEE ON LEGISLATIVE ETHICS
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ALASKA STATE LEGISLATURE
SELECT COMMITTEE ON LEGISLATIVE ETHICS
OCTOBER 13, 2022
9:00 AM
Full Committee Meeting Minutes
9:03:43 AM
1. CALL THE MEETING TO ORDER
Conner Thomas called to order the meeting of the Select
Committee on Legislative Ethics at 9:03 a.m. He welcomed
the guests and thanked the committee members for their
appearance.
Conner Thomas directed Jerry Anderson to take roll.
Roll call
Senator David Wilson
Senator Elvi Gray-Jackson, alternate for Senator Begich
Skip Cook
Conner Thomas
Joyce Anderson
Lee Holmes
Representative Chris Tuck, alternate for Rep Sara Hannan,
arrived after roll call.
Quorum present to conduct business.
Conner Thomas asked if there was anyone online. There was
no response heard in the room. [Alternate Public Member
Jerry McBeath announced by telephone that he was in
attendance but due to audio difficulties, he could not be
heard in the room.]
Conner Thomas recognized the other people in the room:
Jerry Anderson
Jacqui Yeagle
Noah Klein
Conner Thomas asked committee members and guests to
identify themselves each time they spoke for the benefit of
others. He added that he expected the meeting to last
approximately 2 hours.
9:04:36 AM
2. APPROVAL OF AGENDA
Conner Thomas directed attention to the agenda and
entertained a motion for approval. Motion made by Skip
Cook. Conner Thomas entertained objections. There were no
objections. The agenda was approved.
3. APPROVAL OF MINUTES (+)
a. December 17, 2021 - Full Committee
Conner Thomas entertained a motion to approve the minutes
of the December 17, 2021, Full Committee meeting. Lee
Holmes so moved.
Conner Thomas entertained comments or revisions. There were
no comments or revisions. The December 17, 2021, Full
Committee minutes were approved.
b. December 17, 2021 - Senate Subcommittee
Conner Thomas entertained a motion to approve the minutes
of the December 17, 2021, Senate Subcommittee meeting.
Joyce Anderson so moved.
Conner Thomas entertained comments or revisions. There were
no comments or revisions. The December 17, 2021, Senate
Subcommittee minutes were approved.
c. March 24, 2022 - Senate Subcommittee
Conner Thomas entertained a motion to approve the minutes
of the March 24, 2022, Senate Subcommittee meeting. Lee
Holmes so moved.
Conner Thomas entertained comments or revisions. There were
no comments or revisions. The March 24, 2022, Senate
Subcommittee minutes were approved.
[Conner Thomas called an at-ease, during which it was
learned that both Public Member Jerry McBeath and
Representative DeLena Johnson were listening to the
proceedings by phone.]
d. June 28, 2022 - House Subcommittee
Conner Thomas entertained a motion to approve the minutes
of the June 28, 2022, House Subcommittee meeting. Skip Cook
so moved.
Conner Thomas directed the committees attention to a
sentence in a paragraph on page 3 beginning with Mario
Bird . He recommended adding to the second sentence the
word the to the phrase at request by his client.
Joyce Anderson recommended changing the wording of a
sentence on page 1, from Conner Thomas asked if there were
anyone else online to Conner Thomas asked if there was
anyone else online.
Conner Thomas asked if there were other suggested edits or
if there were any objections to the two recommended edits.
There was no further discussion. The June 28, 2022, House
Subcommittee meeting minutes were approved.
4. PUBLIC COMMENT
Conner Thomas opened public comment. He stated that he did
not hear or see anyone but acknowledged that given the
technical difficulties, if there was anyone who wanted to
give public comment at the time those difficulties were
resolved, he would revisit public comment.
5. STATE BENEFIT AND LOAN PROGRAM REVIEW
Conner Thomas expressed his appreciation to the Department
of Natural Resources staff in attendance. He explained that
the Ethics Committee maintains a list of state benefit and
loan programs that require disclosure of participation by
legislators, legislative employees, and public members of
the committee. Every year, the Ethics Office contacts each
of the state departments to inquire whether changes to the
list are needed. The Department of Natural Resources,
Division of Mining, Land, and Water requested [in 2021]
that 20 of their programs be removed from the list. The
acting division director, Christy Colles and a few of the
staff were in attendance at the meeting to review the
proposed removals with the committee. He said the committee
would go through the list one by one with the department to
determine whether or not to remove the programs as
requested or to keep them on the list.
Conner Thomas asked Christy Colles if she had anything to
say before starting the review.
Christy Colles responded that the division had done a
deeper dive on the programs that had been requested to be
removed last year. They determined that some of the
programs should remain on the list. She asked the chair if
he had a preference for how to go about presenting the
programs.
Conner Thomas responded that the easiest way to address the
deletion requests was to address them in the order in which
they were located in the meeting packet.
Conner Thomas introduced the first program on the list:
Additional Non-competitive Land Leases Negotiated. He
asked if that program should remain on the list or if it
should be removed.
Christy Colles replied that it should remain on the list.
Conner Thomas moved to the next program on the list: Water
Authorizations.
Christy Colles replied that Water Authorizations should be
removed.
Conner Thomas asked why it qualified for removal.
Christy Colles asked Tom Barrett to speak to the details of
the program.
Tom Barrett said that he is chief of water resources. He
said this program deals with water rights. Alaska follows
the appropriation doctrine, which means if you are the
first to ask for a quantity of water and you can
demonstrate certain criteria, the department issues you a
water right. Statute and regulations fairly well define the
process. After consideration, it was determined that there
is not room for much subjectivity in the process. If a
person or entity applies for a permit to use a significant
quantity of water, they engage with DNR to get a water use
authorization, or permit. The program uses a checklist to
determine whether the proposed water use meets the
criteria. If you beneficially use a large quantity of water
and you dont adversely affect someone else, you get your
water. After a specified period, usually five years, you
report the amount of water used and then the program issues
you a permit to use that quantity of water for that use in
perpetuity. The process is not subject to influence and
that is why the division thinks it should be removed from
the list.
There is a parallel program, Temporary Water Use
Authorizations. Those authorizations are not considered an
appropriation (where it is given in perpetuity), the
authorizations are for temporary uses, such as industrial
or construction use. Those do have some subjectivity in
that the Water Section can revoke that authorization. Again
though, it is a very regulatory and statutorily driven
process, not subject to abuse where one party can force the
sections hand to issue an authorization.
Tom Barrett said he was happy to answer questions.
Conner Thomas asked if any committee members had questions.
Joyce Anderson asked how many people request these types of
permits.
Tom Barrett replied that the section issues about 300
temporary water use authorizations per year. The
authorizations are for temporary use up to five years. They
receive between 200-300 new permit applications a year for
water rights.
Conner Thomas asked if there were other questions. He then
added to Tom Barrett that what the committee has to decide
is whether a program meets the requirements that the
benefit program or loan is generally available to members
of the public; it is subject to fixed, objective
eligibility standards; and it requires minimal discretion
in determining qualification.
Tom Barrett indicated that he understood.
Conner Thomas entertained a motion to remove Water
Authorizations from the list of programs requiring
disclosure.
Lee Holmes so moved.
Conner Thomas entertained objections. Hearing none, he
declared that Water Authorizations be removed from the
list.
Conner Thomas introduced the next program on the list:
Agricultural Land Lottery Sale Program.
Christy Colles responded that the Agricultural Land Lottery
Sale Program should be removed from the list. She called on
Rachel Longacre to explain how the program works.
Rachel Longacre said she is the section chief for the Land
Sales Section. The Agricultural Land Lottery Program is
conducted via a sealed bid process and statute does not
allow the section to see the bidders until the bids are
opened and a winner is deemed viable based on the statute.
There is no discretion in the process.
Senator David Wilson asked Rachel Longacre to describe what
happens in case of a tie bid, because the section would
then know who the two potential winners would be.
Rachel Longacre responded that if two bidders bid the same
amount of money on the same parcel and both had bid the
minimum amount required, there is an internal blind process
in which a winner is decided essentially, a flip of a
coin
Senator David Wilson thanked Rachel Longacre for answering
the question.
Conner Thomas asked if there were other questions. No
response.
Skip Cook moved to remove the program from the list.
Conner Thomas asked if there were objections. There were no
objections and Conner Thomas stated that with unanimous
consent, the Agricultural Lottery Program was to be removed
from the list of state benefit and loan programs requiring
disclosure.
Conner Thomas moved to the next program on the list:
Approving Easement Vacations in the Unorganized Borough and
Certain Other Areas.
Christy Colles said that they would like to keep that
program on the list.
Conner Thomas moved to the next program on the list: Coal
Prospecting Permit.
Christy Colles said that they would like to remove that
program from the list. She called Steve Buckley to speak.
Steve Buckley introduced himself as the mining section
chief at DNR.
Conner Thomas asked Steve Buckley to explain how the
program works and how it meets the criteria for removal.
Steve Buckley responded that coal prospecting permits are
covered under federal law. Eligibility is based on
qualifying to hold a mineral right in Alaska: must be 18
years old or older, must be a citizen, or be an LLC or a
trust licensed in the state. There is no discretion
involved in choosing who can hold mineral rights in the
state of Alaska.
Conner Thomas asked if there were questions about the
program. There were no questions.
Lee Holmes moved to remove the program from the list.
Conner Thomas asked if there were objections. No
objections. There was unanimous consent to remove the Coal
Prospecting Permit from the list of state benefit and loan
programs requiring disclosure.
Conner Thomas moved to the next program on the list: Coal
Surface Mining Reclamation Program.
Christy Colles said that Steve Buckley would respond again.
Steve Buckley said regulations require a Corps of Engineers
permit for wetlands fill for reclamation related to mining.
There is no discretion; it is a regulatory program.
Conner Thomas asked if there were questions.
Joyce Anderson asked for clarification that if someone
applies for either of the last two programs and they meet
the qualifications, they are granted [indecipherable].
Steve Buckley indicated that was the case.
Conner Thomas entertained other questions. There were no
other questions.
Lee Holmes moved to remove the program from the list.
Conner Thomas asked if there were objections. There were no
objections. By unanimous consent, the committee removed the
Coal Surface Mining Reclamation Program from the list of
state benefit and loan programs requiring disclosure.
Conner Thomas moved to a discussion of the removal of the
Coal Surface Mining Reclamation Program.
Steve Buckley said the program is a regulatory requirement
for a permit for a wetlands fill from the Corps of
Engineers or for reclamation related to mining. No
discretion is required.
Conner Thomas entertained questions.
Joyce Anderson asked for confirmation that when someone
applies to either of the last two permits and they meet the
qualifications, they are granted.
Steve Buckley indicated affirmatively.
Conner Thomas entertained further questions. There were no
further questions.
Lee Holmes moved to remove the Coal Surface Mining
Reclamation Program from the disclosure requirements.
Conner Thomas entertained objections. There were no
objections. By unanimous consent, the committee removed the
Coal Surface Mining Reclamation Program from the list of
state benefit and loan programs requiring disclosure.
Conner Thomas moved to the next program: Exchange of State
Land.
Christy Colles said the department wanted to keep that
program on the list.
Conner Thomas moved to the next program: Exploration
Incentive Credits.
Christy Colles said the department wanted that program
removed and directed the committees attention back to
Steve Buckley.
Steve Buckley said that through the Exploration Incentive
Credits, the state allows companies or individuals to
develop a credit for the amount of exploration work that
they have done on a project and then later write that off
against the production of a mine. The only qualification is
that you are qualified to hold mineral rights in the state
of Alaska. There is no discretion involved.
Conner Thomas entertained questions.
Senator David Wilson asked if minimal thresholds are met,
the credits are automatic.
Steve Buckley replied that you need to apply and identify
the expenditures to make sure they are appropriate. You
also need to have done the exploration work prior to mining
so the credits need to be approved before you go into
production.
Senator David Wilson asked if the program only applied to
mining. Steve Buckley replied affirmatively.
Joyce Anderson asked Steve Buckley to explain what credit
means.
Steve Buckley replied that the credits would be applied to
the Department of Revenue against a future royalty or tax.
Lee Holmes asked which department determines the viability
of the credit, the Department of Natural Resources or the
Department of Revenue.
Steve Buckley replied that the determination of whether an
activity is a valid activity is made primarily by the
Division of Mining, Land, and Water. The division then
forwards it to the Department of Revenue.
Joyce Anderson asked if anyone had ever appealed the
decision of the division.
Steve Buckley replied that the program is not used often as
there are only five operating mines in the state, most of
which started in the late 80s, early 90s. There have been
no appeals to date.
Joyce Anderson inquired about the process if there was an
appeal.
Steve Buckley replied that the decision would be appealable
to the commission.
Senator David Wilson asked the average range of the
monetary credits and if they would be transferable to a new
or re-opened mine.
Steve Buckley said that is addressed in statute. It lays
out the process to determine whether the credits can be
used again in the event that a mine closes and then re-
opens. He said he did not have an exact answer to the
question about the credit amount but he believes it to be
less than 50% of the production royalty.
Senator David Wilson asked if the credit amount is public
information.
Steve Buckley replied the amount was public information.
Lee Holmes moved to remove the Exploration Incentive
Credits Program from the list of state benefit and loan
programs requiring disclosure.
Conner Thomas entertained objections. There were no
objections. By unanimous consent, the committee removed the
Exploration Incentive Credits Program from the list of
state benefit and loan programs requiring disclosure.
Conner Thomas moved to review of the Homesite Entry
Program.
Christy Colles said the division wanted to remove the
program from the disclosure requirement and asked Rachel
Longacre to answer questions.
Rachel Longacre said the Homesite Entry Program was still
viable but it was not currently being used because there
are programs that better meet the need. The program is run
by blind lottery.
Conner Thomas entertained questions.
Skip Cook moved to remove the program from the list.
Conner Thomas entertained objections. There were no
objections. By unanimous consent, the committee removed the
Homesite Entry Program from the list of state benefit and
loan programs requiring disclosure.
Christy Colles offered that the Homesite and Homestead
Entry Programs are conducted the same from a programmatic
standpoint, both are active in statute, neither are used
currently because both are replaced by a more viable
program.
Conner Thomas asked what is the difference between the two
programs.
Christy Colles said the difference is the amount of
property. The process after the lottery ticket is awarded
is provided in statute so it does not have discretion in
determining to whom the award goes.
Conner Thomas entertained questions about the Homestead
Entry Program.
Lee Holmes moved to remove the Homestead Entry Program from
the list of state benefit and loan programs requiring
disclosure.
Conner Thomas entertained objections. There were no
objections. By unanimous consent, the committee removed the
Homestead Entry Program from the list of state benefit and
loan programs requiring disclosure.
Conner Thomas moved to the next program on the list: Land
Use Permit.
Christy Colles said the division wanted to keep that
program on the list.
[The audio problems were resolved and both Jerry McBeath
and Representative DeLena Johnson were heard in the room
stating that they were listening to the proceedings.]
Conner Thomas moved to the next program on the list, the
Mineral Discovery Bonus Program.
Christy Colles re-called Steve Buckley.
Steve Buckley said the Mineral Discovery Bonus Program is a
credit to encourage people to produce minerals. The only
qualification is being allowed to hold mineral rights in
Alaska. The program is still on the books, but it is not
funded and it is not used.
Skip Cook moved to remove the Mineral Discovery Bonus
Program from the list of state benefit and loan programs
requiring disclosure.
Conner Thomas entertained objections. There were no
objections. By unanimous consent, the committee removed the
Mineral Discovery Bonus Program from the list of state
benefit and loan programs requiring disclosure.
Conner Thomas read the next program on the list: Material
Sale Negotiated.
Christy Colles said they wanted to keep that program on the
list.
Conner Thomas moved to the Mining Reclamation Plan Approval
Program.
Steve Buckley said the program requires miners to produce a
reclamation plan annually. It is similar to an Army Corps
of Engineers Clean Water Act. It is not discretionary; it
is a requirement. It is based on being allowed to hold
mineral rights in Alaska.
Conner Thomas entertained questions about the program.
Lee Holmes asked whether the approval was federal or state.
Steve Buckley replied that it was a state reclamation plan
approval, not a permit.
Lee Holmes asked if there have ever been plans that were
not approved and if so, were there appeals.
Steve Buckley replied that it was an iterative process with
the mining community. The mining reclamation process is
straight forward. For a period of years after mining, the
site is monitored and if the land is useful, the bonds are
released.
Lee Holmes asked if the approval has to do with the
physical work or is it just the plan.
Steve Buckley replied that the reclamation plan outlines
the physical work.
Lee Holmes said approval of the actual work would be
discretionary.
Christy Colles explained that whether or not the plan is
met is a different process.
Lee Holmes confirmed he understood that meeting the
reclamation plan is separate from the reclamation plan
approval.
Christy Colles confirmed Lee Holmess understanding.
Lee Holmes moved for removal of the Mining Reclamation Plan
Approval Program of the list of programs requiring
disclosure.
Conner Thomas entertained objections. There were no
objections. By unanimous consent, the committee removed the
Mining Reclamation Plan Approval Program from the list of
state benefit and loan programs requiring disclosure.
Conner Thomas moved to the Offshore Prospecting Permit.
Steve Buckley said the permits are for offshore state lands
available for mineral leasing. The only requirement is
being able to hold mineral rights in the state of Alaska.
Conner Thomas entertained questions about the program.
Senator David Wilson asked if the permit would apply to
{indecipherable].
Christy Colles replied that it would not. That is a
separate program.
Conner Thomas entertained further questions about the
program.
Lee Holmes moved to remove the Offshore Prospecting Permit
from the list.
Conner Thomas entertained objections. There were no
objections. By unanimous consent, the committee removed the
Offshore Prospecting Permit from the list of state benefit
and loan programs requiring disclosure.
Conner Thomas moved to the next program on the list:
Preference Right Land Sales, citing AS 38.05.
Christy Colles said the division would like to keep that
program on the list.
The next program on the list was Right-of-Way or Easement.
Christy Colles said they would like to keep that program on
the list.
Conner Thomas moved to the next program on the list, the
Substantial Compliance Determination (re: Mining
Locations).
Christy Colles directed the committee's attention back to
Steve Buckley.
Steve Buckley said the Substantial Compliance
[Determination] determines whether a miner has
substantially complied with regulations. There is some
discretion in the decision making about whether or not a
miner did substantially comply or make an effort to comply
with statutory requirements.
Conner Thomas asked for an explanation of the phrase re:
Mining Locations means.
Steve Buckley responded that the word location refers to
staking your claim, the location of your claim.
Conner Thomas asked what would be substantial compliance.
Steve Buckley responded that an example would be if a
person makes a mistake when filing their paperwork.
Joyce Anderson asked if some fixed criteria are used in the
process.
Steve Buckley replied that was correct.
Conner Thomas entertained further comments or questions.
Lee Holmes moved to remove Substantial Compliance
Determination from the list.
Conner Thomas entertained objections. There were no
objections. By unanimous consent, the committee removed the
Substantial Compliance Determination from the requirement
of disclosure under the benefit and loan program.
Conner Thomas moved to Trapping Cabin Permits.
Christy Colles said they would like to keep that program on
the list.
Conner Thomas moved to the last program on the list:
Upland, Tideland, or Grazing Lease Negotiated.
Christy Colles said they would like to keep that program on
the list.
Conner Thomas thanked Christy Colles and her team for their
time and assistance in helping the committee through the
review process.
6. MOTION TO GO INTO EXECUTIVE SESSION into Executive
Session
Conner Thomas entertained a motion to move to 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 matters, the
immediate knowledge of which would adversely affect the
finances of a governmental unit, and discussion of subjects
that tend to prejudice the reputation and character of a
person.
Senator David Wilson interjected with a recommendation to
revisit item four on the agenda, Public Comment, in case
there was anyone online who wished to comment now that they
could be heard in the room.
Conner Thomas thanked Senator David Wilson for the
recommendation and asked if there was anyone from the
public online who wished to speak to the committee.
Hearing no public comment, Skip Cook moved to go into
executive session.
Conner Thomas entertained objections. There were no
objections.
7. EXECUTIVE SESSION
9:54:04 AM
8. PUBLIC SESSION
Conner Thomas opened public session with a brief summary of
Advisory Opinion AO 22-01, in which legislators and
legislative employees may participate in a constitutional
convention process. The advisory opinion sets out limits on
actions in which a legislator or legislative employee may
engage.
Conner Thomas entertained a motion to approve Advisory
Opinion AO 22-01 with the revisions that were discussed in
executive session.
Lee Holmes so moved.
Conner Thomas directed Jerry Anderson to conduct a roll
call vote.
Roll call vote
Senator David Wilson
Senator Elvi Gray-Jackson
Representative Chris Tuck
Representative DeLena Johnson
Skip Cook
Conner Thomas
Joyce Anderson
Lee Holmes
Jerry McBeath
The vote was 9-0 in favor of adopting as amended Advisory
Opinion AO 22-01.
Conner Thomas thanked Noah Klein for his work on the
advisory opinion. Conner Thomas asked if Noah Klein had an
idea when the committee could expect to see a final
version.
Noah Klein responded that he couldnt guarantee a date but
anticipated it could be within a week.
11:13:00 AM
9. RULES OF PROCEDURE
Conner Thomas directed Jerry Anderson to introduce a
discussion on the Section 19 of the committee Rules of
Procedure.
Jerry Anderson explained this item is a carryover from an
earlier revision of the Rules of Procedure. This section
required additional work, which was conducted by Members
Joyce Anderson, Conner Thomas, and Skip Cook.
Conner Thomas noted that the document referred to notes
printed in red but he was unable to see those notes.
Lee Holmes offered to read the notes of recommendation from
the electronic version.
• In section (b)(1) adding at the beginning the words,
Discovery from the committee pursuant to AS
24.60.170(h) and (g).
• In section (2)(A) adding to the end of the sentence
the words, Complaint process pursuant to AS 24.60.170
(h) and(g).
Conner Thomas thanked Lee Holmes for his assistance.
Conner Thomas explained that the purpose of the change in
Section (b)(1) is to delineate between the role of the
committee in discovery requests that are directed to or
come from a third party.
Conner Thomas went on to explain that the change in Section
(2)(A) describes the process for discovery from the
committee after the committee formally charges a subject.
There were no significant changes.
Conner Thomas added that another change [Section (b)(2)] is
related to the authority of the committee in discovery at
an earlier stage of the complaint process. Again, there
were no significant changes.
Conner Thomas added that for clarity purposes, the language
of section (3) was consolidated with some of the deleted
language from the next page.
Conner Thomas stated he did not have any problems with the
proposed changes and entertained questions from the
committee. He asked Joyce Anderson if she had anything to
add. She responded that she did not.
Hearing no discussion, Conner Thomas entertained a motion
to approve the changes to the Rules of Procedure.
Senator David Wilson so moved.
Conner Thomas directed Jerry Anderson to conduct a roll
call vote.
Roll call vote
Representative Chris Tuck
Representative DeLena Johnson
Conner Thomas
Joyce Anderson
Lee Holmes
Jerry McBeath
Senator David Wilson
Senator Elvi Gray-Jackson
Jerry Anderson noted that Skip Cook was temporarily unavailable.
The vote was 8-0 in favor of adopting the changes to
Section 19 of the Rules of Procedure.
Conner Thomas asked Joyce Anderson to speak to her request
to consider changes proposed for Section 17 of the Rules of
Procedure.
Joyce Anderson said the topic of Section 17(2) is about
public decisions and orders. She proposed adding to the end
of that section: The subcommittee chair shall be notified
of the decision prior to other notifications. Joyce
Anderson added that she thinks it important that the
committee chair is notified first in case the chair is
called upon to speak to the decision. She entertained
questions.
Hearing no questions, Joyce Anderson moved to add the
additional sentence to the end of Section 17(b)(2).
Conner Thomas entertained further discussion. There was no
further discussion. Conner Thomas directed Jerry Anderson
to conduct a roll call vote.
Roll call vote
Conner Thomas
Joyce Anderson
Lee Holmes
Jerry McBeath
Senator David Wilson
Senator Elvi Gray-Jackson
Representative Chris Tuck
Representative DeLena Johnson
Jerry Anderson noted that Skip Cook was temporarily unavailable.
The vote was 8-0 in favor of adopting the change to Section
17 of the Rules of Procedure.
11:25:12 AM
10. CONTRACTS
a. Outside Counsel
Conner Thomas asked Jerry Anderson to speak about contracts
needing approval.
Jerry Anderson said there were two contracts that required
approval. The first, for outside legal counsel with Brent Cole,
was originally for $5,000, at an hourly rate of $225/hour. He
asked for formal ratification and approval of the contract,
which had been previously approved by email by committee members
as well as approval of an additional $5,000 for the contract for
increased workload.
Lee Holmes moved for approval of the Brent Cole contract,
amended to $10,000, to cover the additional time and expense
incurred in addressing the lawsuit by Senator Reinbold.
Conner Thomas entertained discussion of the motion. There was no
discussion. Conner Thomas directed Jerry Anderson to conduct a
roll call vote.
Roll Call vote
Joyce Anderson
Lee Holmes
Jerry McBeath
Senator David Wilson
Senator Elvi Gray-Jackson
Representative Chris Tuck
Representative DeLena Johnson
Conner Thomas
Jerry Anderson noted that Skip Cook was temporarily unavailable.
With a vote of 8-0, the contract with amended amount was
approved.
b. Investigator
Conner Thomas stated the next contract was for the investigator
and he asked Jerry Anderson to speak to that contract.
Jerry Anderson said the committee has a contract with
Investigator Monique Rapuzzi for $7,500 at an hourly rate of
$115/hour, which had been previously approved by email by
committee members. He asked for formal ratification and approval
of the contract, with an additional $5,000, totaling $12,500.
Conner Thomas entertained questions.
Senator David Wilson said the committee should put on record why
the additional amount was needed.
Jerry Anderson said that there are two House complaints, in
which the subjects had waived confidentiality. Investigation of
the complaints was taking additional time due to lack of
cooperation and the original amount approved would be exhausted
before the investigation would be complete. The additional funds
are intended for use in completing the scope of investigation.
Senator David Wilson said that he hopes they take seriously
their oaths of office and get back to the committee in a timely
manner.
Lee Holmes asked for clarification that the representatives
under discussion are Representative David Eastman and
Representative Christopher Kurka.
Representative Chris Tuck noted that there were no
inefficiencies on the part of the Ethics Committee or the
investigator. It is the result of lack of cooperation with the
investigator, which unfortunately means using more state
resources including the potential need for subpoenas.
Senator David Wilson moved to approve the $12,500 investigator
contract.
Conner Thomas entertained additional discussion. Seeing none, he
directed Jerry Anderson to conduct a roll call vote.
Roll Call vote
Lee Holmes
Jerry McBeath
Senator David Wilson
Senator Elvi Gray-Jackson
Representative Chris Tuck
Representative DeLena Johnson Y
Skip Cook
Conner Thomas
Joyce Anderson
The motion was approved 9-0.
11:31:37 AM
11. CHAIR/STAFF REPORT (+)
a. 2022 COGEL meeting
Conner Thomas asked Jerry Anderson to speak about the COGEL
conference.
Jerry Anderson reported that there was interest from five
members to attend the conference in Montreal. Jerry
Anderson said that further discussion was intended about
the number of people attending, given the budget, and the
amount of money for additional expenditures that were just
approved.
Joyce Anderson said that although she originally stated
that she was interested in attending the COGEL conference,
she more recently had reconsidered and would not attend.
Jerry Anderson reported that the remaining four people
interested were Public Members Deb Fancher, Skip Cook,
Conner Thomas, and Administrator Jerry Anderson.
Skip Cook offered that if money were a problem, he would
bow out of the conference.
Jerry Anderson offered further discussion about the
conference at a later time. He said early registration
offers savings of $100 per person and that he was ready to
start the registration process.
Senator Elvi Gray-Jackson asked what was the COGEL
conference.
Jerry Anderson responded that it was an annual conference
for COGEL members in Canada and the U.S. The conference
focuses on government ethics matters
Senator Elvi Gray-Jackson said that she thinks it is
important for members of the committee to attend continuing
education and was pleased there were four potential
attendees.
Jerry McBeath said he had not heard about the COGEL
conference but would like to learn more because he might be
interested in attending.
Conner Thomas directed Jerry Anderson to provide the
information to Jerry McBeath.
Joyce Anderson offered that COGEL is an acronym for Council
on Governmental Ethics Laws.
Conner Thomas entertained other comments about COGEL.
Jerry Anderson asked if he could speak to one additional
piece of information.
Conner Thomas agreed that he could.
Jerry Anderson brought to the committees attention to the
Legislative Council Social Media Policy in light of the
social media policy decision the committee had made.
Joyce Anderson commented that one of the findings in the
decision had been a recommendation that Legislative Council
update its social media policy.
Representative Chris Tuck noted the policy is advisory; it
is not enforceable. The social media policy is based on
guidelines from national organizations such as the National
Council on State Legislatures. The update was needed to
insulate the legislature from the social media behavior of
individual legislators.
a. 2023 Ethics training
Joyce Anderson noted there was another item listed on the
agenda under the Chair/staff report. She asked if the Jerry
Anderson was going to address that.
Conner Thomas apologized for missing that item.
Jerry Anderson reported that two staff from the National
Council on State Legislatures will come to Alaska and do
portions of the training related to Sexual Harassment and
Other Forms of Discrimination and to Civility and Ethics.
The trainers schedules were very limited so Jerry Anderson
suggested the committee look at two dates for their own
training: December 15 for a new legislator training in
Anchorage, and one training in Juneau during the first week
of session in January, hopefully in conjunction with a
committee meeting.
Senator David Wilson asked if the training in December
would be available for streaming.
Jerry Anderson replied that the December training is an in-
person training.
Senator Elvi Gray-Jackson confirmed she correctly heard the
date of the December training.
Jerry Anderson replied that the training was intended for
new legislators only.
Senator Elvi Gray-Jackson asked about staff attendance at
the training.
Jerry Anderson responded that staff training was in
January.
Senator David Wilson confirmed that current legislators
would get training in January.
Conner Thomas entertained other training discussion.
Lee Holmes asked if committee members would be able to
stream the January training.
Jerry Anderson replied that the hope was that the committee
training would be in conjunction with an in person
committee meeting but that yes, streaming the training,
while not optimal, would be an option.
Jerry Anderson added that the January date has not yet been
approved by leadership.
Conner Thomas entertained other discussion or other
business.
12. OTHER BUSINESS
There was no other business.
13. ADJOURN
Lee Holmes moved to adjourn the meeting.
There were no objections. Conner Thomas adjourned the
meeting.
11:41:30 AM
ADJOURN:
| Document Name | Date/Time | Subjects |
|---|---|---|
| 20221013 Full committee - BASIS.pdf |
JETH 10/13/2022 9:00:00 AM |