Legislature(2023 - 2024)ANCH LIO DENALI Rm
11/29/2023 08:30 AM Senate SELECT COMMITTEE ON LEGISLATIVE ETHICS
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ALASKA STATE LEGISLATURE
SELECT COMMITTEE ON LEGISLATIVE ETHICS
NOVEMBER 29, 2023
8:30 AM
FULL COMMITTEE MEETING MINUTES
8:38:38 AM
1. CALL THE MEETING TO ORDER
Vice Chair Conner Thomas called the meeting to order on
November 29, 2023, at 8:40 AM.
Conner Thomas welcomed Representative Mike Prax, House
District 33, as the alternate for Representative DeLena
Johnson.
Conner Thomas welcomed the new Ethics Committee
administrator, Tamara Maddox, and asked her to introduce
herself.
Tamara Maddox said her background is in regulatory affairs
and compliance. She served as the regulatory and legal
affairs manager for the Alaska Oil and Gas Association and
as associate attorney for the Alaska Public Offices
Commission. She said she looked forward to bringing all her
skills to the important work of the committee and to its
mission to always hold up the highest ethical standards.
She said she grew up in Alaska, a proud Service Cougars
girl at heart. She looks forward to serving the community
in this important role, feels welcomed by the legislators,
and she looks forward to working with members of the Ethics
Committee.
Conner Thomas said Tamara Maddox had been in the position
for about a month. Luckily Joyce Anderson, who had filled
in on an interim basis as staff to the committee, has
agreed to stay on as a consultant to help transition Tamara
Maddox into her new role. He looks forward to working with
her.
Conner Thomas directed Tamara Maddox to conduct roll call.
Roll Call
Senator David Wilson, Alternate for Senator Gary Stevens
Senator L?ki Tobin
Representative Sara Hannan
Representative Mike Prax, Alternate for Rep. DeLena Johnson
Deb Fancher
Conner Thomas, Vice Chair
Jerry McBeath
Quorum present.
Tamara Maddox noted staff Jacqui Yeagle and consultant
Joyce Anderson were also present in the meeting.
Conner Thomas thanked Tamara Maddox and directed the
committee to look at the agenda.
2. APPROVAL OF AGENDA (+)
Due to time constraints, Conner Thomas proposed that
[Management Log Informal Advice Staff Report] under item
six be moved to the next meeting.
Jerry McBeath moved to approve the agenda as amended.
Conner Thomas entertained discussion or objections. There
was no discussion or objection. The agenda was approved as
amended.
3. PUBLIC COMMENT
Conner Thomas entertained public comment. There was no
public comment.
8:44:27 AM
4. INTRODUCTION OF NEW ETHICS ADMINISTRATOR Tamara Maddox
Conner Thomas noted the agenda item had already been
addressed.
5. APPROVAL OF MINUTES
a. June 12, 2023, Senate Subcommittee Meeting (+)
Conner Thomas entertained a motion to either accept or
revise the meetings minutes of the Senate Subcommittee
meeting of June 12, 2023.
Deb Fancher moved to accept the minutes of the Senate
Subcommittee meeting on June 12, 2023.
Conner Thomas entertained discussion or objection to
approving the Senate Subcommittee meeting of June 12, 2023.
There was no discussion or objection. The minutes of the
Senate Subcommittee meeting of June 12, 2023, were
approved.
b. September 29, 2023, Full Committee Meeting (+)
Conner Thomas entertained a motion to either accept or
revise the meetings minutes of the Full Committee meeting
of September 29, 2023.
Jerry McBeath moved to accept the minutes of the Full
Committee meeting on September 29, 2023.
Conner Thomas entertained discussion or objection to
approving the Full Committee meeting of September 29, 2023.
There was no discussion or objection. The minutes of the
Full Committee meeting of September 29, 2023, were
approved.
c. October 4, 2023, Full Committee Meeting (+)
Conner Thomas entertained a motion to either accept or
revise the meetings minutes of the Full Committee meeting
of October 4, 2023.
Jerry McBeath moved to accept the minutes of the Full
Committee meeting on October 4, 2023.
Conner Thomas entertained discussion or objection to
approving the Full Committee meeting of October 4, 2023.
There was no discussion or objection. The minutes of the
Full Committee meeting of October 4, 2023, were approved.
8:45:55 AM
6. CHAIR/STAFF REPORT
a. Management Log Informal Advice Staff Report (+)
Conner Thomas advised that the committee had delayed this
item to the next committee meeting in January.
b. Public Member Terms Expiring
Conner Thomas referred the discussion to Tamara Maddox.
Tamara Maddox explained the Ethics Committee is a body made
up of four legislators and five public members, along with
alternates. Public members are appointed by the Chief
Justice of the Alaska Supreme Court, currently Honorable
Peter Maasen. In January 2024, the terms of Skip Cook and
Joyce Anderson expire. Both agreed to continue serving if
reappointed. Joyce Anderson would be returning to the
committee after assisting through the transition in the
Ethic Office, likely around February 2024.
Tamara Maddox reported that she and Joyce Anderson had met
the chief justice to discuss the appointment process.
Tamara Maddox asked if there were questions.
Joyce Anderson shared that in the discussion with the chief
justice, she had explained that she had been a member of
the committee and took a leave of absence to serve as
acting administrator and now as staff to the committee. The
chief justice did not see a problem with that. She told him
she was under contract with the committee until the end of
February, at which time she would be able to serve as a
member of the committee. Chief Justice Maasen had no
concerns with the arrangement.
Representative Sara Hannan asked Conner Thomas to remind
the committee of the public member appointment process
does the chief justice have sole authority to appoint
public members or is there a confirmation process?
Joyce Anderson said the chief justice would nominate
individuals to be on the Ethics Committee. Those on the
committee can resubmit their names for consideration [at
the end of their terms]. It is up to the chief justice to
decide whether to reappoint them. [The chief justice sends]
a letter of appointment to the speaker of the house and
then senate president and is referred to the respective
state affairs or judiciary committee. Those committee
members would have the opportunity to ask questions of the
nominees. The committee members do not make a
recommendation; they either forward the names of the
nominees to the full body or not.
Representative Sara Hannan asked if those members have the
authority under statute to act until their confirmation is
complete. Some entities do and others don't. She believes
the Ethics Committee has full authority to act, vote, and
participate pending the confirmation vote by the
legislature and asked for confirmation.
Joyce Anderson replied that Representative Sara Hannan was
correct in that ethics committee members serve until there
is a new appointee. If the chief justice submits the letter
before the legislative session begins, those members only
serve for 30 days unless they were reappointed. The chief
justice is apprised of that information and submits the
letter after session starts so that the renominated members
of the committee would continue to serve until
reappointment or someone else is appointed.
Representative Sara Hannan thanked Joyce Anderson for the
explanation.
Conner Thomas said members on the committee continue to
serve, which is different than someone who is not a current
member of the committee.
Conner Thomas entertained other questions.
Jerry McBeath asked about the progress made in filling the
alternate public member vacancy.
Tamara Maddox explained the vacancy is advertised in the
Ethics Committee newsletter and the chief justice is aware
the position is open.
Joyce Anderson said there is an interested individual and
she and Tamara had provided the individual's information to
the chief justice. The chief justice understands the need
for an alternate in case of a conflict of interest, prior
commitment that interferes with a member's attendance, or
travel challenges. The chief justice also nominates the
alternate and would do so at the same time he nominates the
two regular members. Joyce Anderson reported she had talked
to the interested individual twice and she and Tamara
Maddox had agreed to forward the name to the chief justice,
who also planned to talk with the person.
Conner Thomas asked if only one person had expressed
interest in the position or more than one person
interested.
Joyce Anderson replied that only one person has expressed
interest. An advertisement for the position is included in
Ethics Committee newsletters. The advertisement directs
anyone interested to submit a letter and resume to the
chief justice. He may have received others but was not
aware of any at the time that she and Tamara Maddox had
visited with him.
c. COGEL Conference Update
8:53:05 AM
Conner Thomas directed the committee to the next agenda
item, an update about the COGEL conference in December.
Tamara Maddox said the conference is in Kansas City from
December 3 through December 6. She said she will attend the
conference along with all of the public members and Noah
Klein, the committee's in-house counsel.
Conner Thomas entertained questions about the conference.
Joyce Anderson said she is excited about the four public
members attending and the committee's legal counsel, Noah
Klein, is eager to learn about how other states operate.
Generally, the attendees report to the committee their
experience at the next meeting and she suggests inviting
Noah Klein to comment as well.
Conner Thomas entertained other questions about the
conference. There were no other questions or comments.
7. OTHER BUSINESS
Conner Thomas entertained other business.
Skip Cook thanked Conner Thomas for calling the meeting
together in his absence.
Conner Thomas entertained other business.
Tamara Maddox announced there is a full committee meeting
and a house subcommittee meeting scheduled for January 9,
2024, in Anchorage. The meetings are expected to last until
12:30 PM. She asked committee members to confirm their
ability to attend the meeting.
Conner Thomas asked if anyone would not be able to attend
the meetings.
Deb Fancher suggested extending the meeting time to include
the item from this meeting that was moved to the next.
Tamara Maddox said she believed that was possible and she
could confirm that today.
Joyce Anderson said she believed that the meetings would go
later than 12:30 PM given the number of items that will be
on the agenda. There are a number of items that are
generally part of the January meeting, and she expects the
house subcommittee meeting to take considerable time.
Checking the room's availability after that time is
advisable.
The committee directed Jacqui Yeagle to check on the room's
availability after 12:30 PM.
Conner Thomas agreed and said that normally the time a
meeting will last is estimated, and most of the time it's
longer than estimated. Unless there is a problem with the
room, the meeting can last as long as necessary.
Senator L?ki Tobin asked for a brief at-ease while awaiting
the answer to the question about the room's availability.
Conner Thomas called a brief at-ease.
[At ease]
Tamara Maddox confirmed the room was available as long as
it was needed on January 9, 2024. She asked the committee
how long they thought it was needed.
Deb Fancher recommended 2:30, which gives the committee two
extra hours, and inquired if that was acceptable to
everyone.
Jerry McBeath recommended that due to travel constraints,
the committee determine a schedule that works for all
committee members, not just those in Anchorage.
Conner Thomas asked if Jerry McBeath had a suggestion.
Jerry McBeath replied that an 8:30 AM start is preferable
for those coming from Fairbanks but admitted he did not
know how those coming from Southeast think about that.
Representative Sara Hannan said an 8:30 AM start means
leaving Juneau the night before the meeting. It costs a lot
more money to come up the day before and spend the night.
If the weather is good and the flight is on time, a 9:30 AM
start is better.
Conner Thomas confirmed with Jerry McBeath that he can work
with a 9:30 AM start.
Joyce Anderson pointed out that two alternates were in
attendance that day and the availability of the regular
legislative members is unknown. She thinks that checking in
with them after the meeting is important. It is preferable
to have the regular members in attendance at the January
meeting.
Conner Thomas said he understood January 9, 2024, had been
vetted.
Senator David Wilson said he knows that Representative
DeLena Johnson will be in town on January 9. He also
reported Senator Gary Stevens should be in town close to
that time period.
Tamara Maddox confirmed the date had been vetted with all
of the committee members.
Joyce Anderson reported this will be the first time the
January meeting will be held in Anchorage. Because this
year ethics training is only required for new employees,
Tamara Maddox suggested having the meeting in Anchorage.
Joyce Anderson thought it was a good idea and one the
committee might consider every off year if it works out.
Deb Fancher confirmed at meeting time of 9:30 AM to 2:30
PM. The meeting time was confirmed.
Conner Thomas suggested revisiting the decision to move the
informal advice review to the next meeting and discussing
it at that time. He entertained objections to that idea.
Hearing none, he opened for discussion the informal advice.
Tamara Maddox said the staff report covers September 22,
2023, through November 7, 2023. Issues ranged from board
memberships to social media. She said that she is happy to
answer questions but explained that a part of that time
Joyce Anderson was in the interim administrator role and
that she had answered the majority of the questions during
that time.
Conner Thomas asked if the advice in the first question was
correct, if a person representing a board as legal counsel
is required to file a board membership disclosure.
Joyce Anderson replied the person asking the question had a
dual role: board member and legal counsel.
Conner Thomas said he read it as the person asking was
acting as legal counsel for the board. It makes sense if he
is actually on the board.
Joyce Anderson offered to amend the advice to include
mention of the dual role.
Senator L?ki Tobin said she looks forward to the U.S.
Supreme Court's decision about how public officials should
be using social media accounts. Guidance would be really
helpful as this is an area of much concern and many related
questions to the committee.
Deb Fancher asked Senator L?ki Tobin if the U.S. Supreme
Court had decided to hear the case. What is the process?
Senator L?ki Tobin replied that she understands that they
heard the case in October.
Deb Fancher thanked Senator L?ki Tobin.
Skip Cook reported that at last year's COGEL conference
most attendees had concerns about the subject.
Joyce Anderson said she wanted to remove the word "No" from
the answer to the state resources question on page 4, "May
a legislator use the Legislative Library, Legislative Legal
or the Legislative Research section for personal use?"
because the legislative library is open to the public. The
other two sections are agencies within the legislative
arena.
Conner Thomas replied that he had noticed that too. The
answer is yes to the first [library] and no to the rest.
Senator David Wilson addressed the question: "May a
legislator ask his/her legislative staff to help prepare
APOC reports? He said there is a difference in APOC
reports. He reported that he thought that was only the case
for the initial financial disclosures and for the annual
Legislative Financial Disclosures but not for campaign-
related activities unless state resources are not being
used.
Joyce Anderson agreed with Senator David Wilson and said
that she would amend the advice.
Representative Sara Hannan said she understands there is a
second APOC report, POET accounts, which are allowed
because they are used in the execution of duties.
Joyce Anderson replied the call was about the Legislative
Financial Disclosures, but she will include information
about the POET accounts as well.
Conner Thomas entertained other questions about the staff
report of informal advice.
Hearing no further questions, Conner Thomas asked if there
was any other business for the committee.
Representative Sara Hannan said she wanted to mention for
the minutes that Representative Julie Coulombe has been on
the phone during the meeting. Representative Julie Coulombe
is a first-time legislator, it has been a pleasure getting
to know her, and she appreciates that Representative
Coulombe took time to listen to the meeting.
Conner Thomas thanked Representative Julie Coulombe and
reminded her if she is looking for a committee assignment,
not to forget the Ethics Committee.
Conner Thomas entertained other business.
8. ADJOURN
Hearing no other business, Conner Thomas entertained a
motion to adjourn.
Deb Fancher so moved.
Conner Thomas thanked everyone and he adjourned the meeting
at 9:15 AM on November 29, 2023.
9:13:15
ADJOURN:
| Document Name | Date/Time | Subjects |
|---|---|---|
| Full Ethics Committee meeting packet.pdf |
JETH 11/29/2023 8:30:00 AM |