Legislature(1993 - 1994)

03/24/1993 03:34 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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           JOINT SENATE AND HOUSE JUDICIARY COMMITTEE                          
                         March 24, 1993                                        
                            3:43 p.m.                                          
                                                                               
                                                                               
  SENATE MEMBERS PRESENT                                                       
                                                                               
  Senator Robin Taylor, Chairman                                               
  Senator Rick Halford, Vice-Chairman                                          
  Senator Suzanne Little                                                       
                                                                               
  SENATE MEMBER ABSENT                                                         
                                                                               
  Senator George Jacko                                                         
  Senator Dave Donley                                                          
                                                                               
  HOUSE MEMBERS PRESENT                                                        
                                                                               
  Representative Brian Porter, Chairman                                        
  Representative Jeannette James, Vice-Chairman                                
  Representative Pete Kott                                                     
  Representative Gail Phillips                                                 
  Representative Joe Green                                                     
  Representative Cliff Davidson                                                
  Representative Jim Nordlund                                                  
                                                                               
  OTHERS PRESENT                                                               
                                                                               
  Representative David Finkelstein                                             
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  CONFIRMATION  HEARINGS:  Select  Committee   on  Legislative                 
  Ethics                                                                       
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Jeff S. Anderson                                                             
  1230 Friendly Lane                                                           
  Anchorage, Alaska 99504                                                      
    POSITION STATEMENT: Public member to testify.                              
                                                                               
  Joseph P. Donahue                                                            
  P.O. Box 1736                                                                
  Kenai, Alaska 99611                                                          
    POSITION STATEMENT: Public member to testify.                              
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-31, SIDE A                                                           
  Number 001                                                                   
                                                                               
  Chairman Robin  Taylor called  the Joint  committees of  the                 
  House and Senate  Judiciary Committee to order at  3:43 p.m.                 
                                                                               
                                                                               
  to discuss the  appointment and selection  of two people  to                 
  the  Select  Committee on  Legislative  Ethics: DR.  JEFF S.                 
  ANDERSON and JOSEPH P. DONAHUE.                                              
                                                                               
  SENATOR TAYLOR introduced the  Co-Chairman of the committee,                 
  REPRESENTATIVE BRIAN PORTER, and the remainder of the Senate                 
  and House Committee members.                                                 
                                                                               
  SENATOR TAYLOR explained  to DR. ANDERSON the  committee had                 
  his letter,  application form,  resume, voter  registration,                 
  and  a background  check, which  showed nothing  amiss.   He                 
  asked DR. ANDERSON to make an opening statement.                             
                                                                               
  Before DR. ANDERSON made his  statement, REPRESENTATIVE KOTT                 
  announced  he had  a  close  economic  relationship  between                 
  himself  and  DR. ANDERSON.    REPRESENTATIVE KOTT  asked to                 
  excuse himself from participation in the committee.                          
                                                                               
  SENATOR TAYLOR asked REPRESENTATIVE KOTT for his disclosure.                 
  REPRESENTATIVE KOTT explained they had an  employer-employee                 
  relationship,  since  he  had  taught   at  Wayland  Baptist                 
  University for  the past seven years, and  would continue to                 
  teach in the coming year.                                                    
                                                                               
  SENATOR  TAYLOR  said there  was  a motion  to  abstain from                 
  taking  part in  the  committee process  because of  a close                 
  economic  relationship.   REPRESENTATIVE JAMES  objected and                 
  thought he should participate.                                               
                                                                               
  There was a  discussion on the  legality of the motion,  and                 
  REPRESENTATIVE     JAMES     withdrew     her    objections.                 
  REPRESENTATIVE  KOTT   was  not  required   to  participate.                 
  SENATOR TAYLOR  renewed his  invitation to  DR. ANDERSON  to                 
  make an opening statement.                                                   
                                                                               
  Number 088                                                                   
                                                                               
  DR. ANDERSON thanked  the committee  for the invitation,  as                 
  well as  CHIEF  JUSTICE MOORE  for  this opportunity  to  be                 
  invited before the committee.                                                
                                                                               
  DR. ANDERSON began by  explaining he came to Alaska  in 1991                 
  to become the  director of the Wayland  Baptist University's                 
  Alaska extension,  both in Anchorage  and the Interior.   He                 
  explained his  involvement in the  post-secondary commission                 
  meetings and his growing  interest in ways he might  be able                 
  to serve the state in a volunteer capacity.                                  
                                                                               
  DR.  ANDERSON  explained  his  responsibilities  at  Wayland                 
  University as primarily administrative, but teaches  several                 
  classes during the school year.   He described his duties as                 
  the administrator for  Wayland in meeting  the needs of  the                 
  students.                                                                    
                                                                               
                                                                               
  DR. ANDERSON said the advertisement  in the newspaper piqued                 
  his attention.  He read a copy of the ethics law and decided                 
  to apply.                                                                    
                                                                               
  SENATOR TAYLOR opened  the meeting to question  by committee                 
  members.                                                                     
                                                                               
  Number 146                                                                   
                                                                               
  SENATOR LITTLE asked  DR. ANDERSON if  he had spoken to  any                 
  legislators before or after making his application.                          
                                                                               
  DR. ANDERSON  explained he  had  not heard  anything for  so                 
  long,  he  didn't  think   he  had  been  considered.     He                 
  acknowledged a  brief conversation with  REPRESENTATIVE KOTT                 
  about teaching  during the  summer and  fall semesters,  and                 
  whether he might be coming before the committee.                             
                                                                               
  REPRESENTATIVE GREEN asked  DR. ANDERSON  if the stories  in                 
  the press about the casualties  had given him any heartburn,                 
  and DR. ANDERSON indicated his desire and  interest to serve                 
  on  the  committee had  not changed.    He didn't  think the                 
  newspapers told the whole story, but  he did share the jokes                 
  from other people  when they found  he was coming to  Juneau                 
  for a hearing.                                                               
                                                                               
  Number 210                                                                   
                                                                               
  REPRESENTATIVE GREEN asked  DR. ANDERSON how he  would react                 
  to pressure brought to  bear.  DR. ANDERSON didn't  think he                 
  would have any problems, since he  knew the ethics law quite                 
  well, and he described his research  on the law.  He  became                 
  involved  in  the  interpretation  of  the ethics  code,  as                 
  apposed to a moral opinions on the issue.                                    
                                                                               
  REPRESENTATIVE PORTER questioned further  the interpretation                 
  and application of  the ethics statute.  DR. ANDERSON opined                 
  the  distinction between  personal  morality  and an  ethics                 
  code,  and  he commented  on  personal morality,  the ethics                 
  code, and abuse of power.  He quoted  some of the provisions                 
  in the statute to confirm his opinions.                                      
                                                                               
  Number 275                                                                   
                                                                               
  REPRESENTATIVE   PORTER  described   the   urgency  on   the                 
  legislature to establish  an ethics committee as  related to                 
  the allegations against two members  of the legislature.  He                 
  asked DR. ANDERSON if  he had formed any opinions  about any                 
  allegations against any members of the legislature.                          
                                                                               
  DR.  ANDERSON  admitted  to  some  biases from  reading  the                 
  newspaper accounts,  but thought  it was  more important  to                 
  know the whole story.  He felt he has a reputation for being                 
  fair  and  open  minded,  and   he  described  some  general                 
                                                                               
                                                                               
  concerns.                                                                    
                                                                               
  REPRESENTATIVE PHILLIPS asked DR. ANDERSON how he would mesh                 
  the responsibilities and duties of the ethics committee with                 
  his personal life.   He  said he had  first discussed  these                 
  questions with CHIEF JUSTICE MOORE,  his employer at Wayland                 
  Baptist University, and his  staff in Anchorage to  let them                 
  know there might  be several weeks  when he might be  out of                 
  the office.                                                                  
                                                                               
  Number 324                                                                   
                                                                               
  DR. ANDERSON explained he had two young children, ages 8 and                 
  4, and he had discussed the possibilities with his wife.  He                 
  thought it  would be difficult  for anyone with  a full-time                 
  career, and he  suggested the  legislators were involved  in                 
  similar decisions.   He claimed he  had the full support  of                 
  his staff, his employer, and his family.                                     
                                                                               
  REPRESENTATIVE PHILLIPS asked about any interaction with the                 
  press and how he might deal with an obstreperous press.  DR.                 
  ANDERSON said he  had very few  dealings with the press  and                 
  his responsibilities  were low key.  He did understand about                 
  being pushed and  pointed in a particular  direction, but he                 
  didn't think he would have a problem with it.                                
                                                                               
  REPRESENTATIVE  PHILLIPS   asked  MR.  ANDERSON'S   for  his                 
  personal  philosophy as far as  problems with the press, and                 
  DR. ANDERSON said  he would defer  to the chair for  liaison                 
  duties.                                                                      
                                                                               
  Number 375                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS questioned  DR. ANDERSON closely  on                 
  his educational  background and Wayland  Baptist University,                 
  and he explained some background  information on the Wayland                 
  Baptist  University system, which  are usually  connected to                 
  military bases except in Alaska.  The committee members also                 
  discussed  Vanderbilt  University,  which DR.  ANDERSON  had                 
  attended for his doctorate.                                                  
                                                                               
  SENATOR LITTLE quizzed DR. ANDERSON  on any conclusions from                 
  the stories he had read to this point.                                       
                                                                               
  MR. ANDERSON, in  reference to SENATOR JACKO,  reviewed what                 
  he thought might be violation of the ethics code, but he had                 
  read about similar ethics complaints  that had been dropped.                 
  He  thought   he  could   successfully   sift  through   the                 
  complaints.                                                                  
                                                                               
  Number 441                                                                   
                                                                               
  There  ensued  some   raillery  about  what  one   reads  in                 
  newspapers, and he  elaborated on being a Baptists,  and how                 
                                                                               
                                                                               
  they  are  sometimes  lumped together  on  philosophical and                 
  religious  issues.    He  spoke  against   lumping  everyone                 
  together in one  pot - even legislators -  and asked that he                 
  be perceived as being open minded, also.                                     
                                                                               
  REPRESENTATIVE  JAMES described  an  ethics complaint  filed                 
  against the legislature for not filling the ethics committee                 
  by  now, and she indicated that  some ethics complaints were                 
  frivolous.   She  asked how  he  would deal  with  frivolous                 
  complaints.  DR.  ANDERSON said he would take them seriously                 
  and  follow  the  ethics code.    He  reviewed  some of  the                 
  previous  complaints and how  they were handled.   She asked                 
  him  if that was how he  would handle the complaints, and he                 
  said he would.                                                               
                                                                               
  Number 498                                                                   
                                                                               
  REPRESENTATIVE GREEN described  a hypothetical complaint and                 
  asked DR.  ANDERSON how  he would  make his  decision.   DR.                 
  ANDERSON suggested there might be a  time factor in making a                 
  decision, but he was confident  he could help the  committee                 
  reach a consensus agreement.                                                 
                                                                               
  SENATOR LITTLE asked DR. ANDERSON how he felt about a person                 
  who  drinks  alcohol.   DR.  ANDERSON  indicated  he had  no                 
  problem  with drinking, said it was  a personal moral issue,                 
  and was  not related  to the  ethics code.   SENATOR  LITTLE                 
  asked  if he  thought a  person's actions  could  be excused                 
  because of the influence of  alcohol, and DR. ANDERSON said,                 
  "Absolutely not."                                                            
                                                                               
  SENATOR  TAYLOR  gave DR.  ANDERSON  a hypothetical  case in                 
  which the press has escalated the tension for some period of                 
  time.    After  an exhaustive  investigation  of  the person                 
  charged  with  the ethics  violation,  the  ethics committee                 
  found  the  charges  were   totally  groundless,  and   were                 
  politically  motivated.  SENATOR  TAYLOR asked  DR. ANDERSON                 
  what he would do in such  a case, while being hampered by  a                 
  code of confidentiality.                                                     
                                                                               
  DR. ANDERSON  did not understand the case, so SENATOR TAYLOR                 
  described  it  again,  blaming the  media  for  exposing the                 
  confidential nature of the case.   SENATOR TAYLOR asked what                 
  the committee could do  to make the person charged  with the                 
  complaint whole  again -  if they find  the charges  totally                 
  groundless.                                                                  
                                                                               
  DR. ANDERSON reviewed  a case he  had found in his  research                 
  with similarity related  issues along  the lines of  SENATOR                 
  TAYLOR'S make-believe case, and he  said the complaints were                 
  dropped.  DR. ANDERSON didn't think, in such a case, that it                 
  could be undone,  and he blamed  the press for not  being as                 
  careful as it should be in assessing a person.  He explained                 
  he would be limited to the constraints of the committee.                     
                                                                               
                                                                               
  SENATOR TAYLOR referred to DR.  ANDERSON'S distinction as to                 
  what would be  a violation of the  code and what would  be a                 
  violation of morality  to ask  if he came  to the  committee                 
  with  an   inherent  set   of  standards   of  conduct   for                 
  legislators.                                                                 
                                                                               
  DR.  ANDERSON explained he was an  ordained minister as well                 
  as   an educator, and he would not put his personal morality                 
  on anyone.   DR. ANDERSON reiterated  his belief it was  the                 
  major responsibility  of the ethics  committee to  interpret                 
  the  legal code, and  he spoke  again about  controlling his                 
  biases.                                                                      
                                                                               
  Number 625                                                                   
                                                                               
  SENATOR TAYLOR asked  for DR. ANDERSON'S understanding  of a                 
  citizen legislature with  all kinds  of occupations, and  he                 
  said it was important  to know if DR. ANDERSON  expected all                 
  legislators to live up to a  certain standard.  DR. ANDERSON                 
  claimed he  had  no expectations  of  others that  would  be                 
  unique to legislators.                                                       
                                                                               
  SENATOR LITTLE  asked DR. ANDERSON  how he would  define his                 
  particular congregation,  and he rephrased  his remark  that                 
  all Baptists  were not  alike.   He portrayed  himself as  a                 
  moderate  Baptist  and   not  part  of   the  fundamentalist                 
  category.   He  shared some  of his  personal  and important                 
  views about his belief in Jesus Christ.                                      
                                                                               
  Number 670                                                                   
                                                                               
  REPRESENTATIVE GREEN asked DR. ANDERSON why he would want to                 
  subject  himself to pressure, ridicule, and personal attack,                 
  in being on the ethics committee.  DR. ANDERSON  said he had                 
  thought  about that, but  he felt his  background would help                 
  him do a good job on the committee.  He was willing to  take                 
  the risks.                                                                   
                                                                               
  REPRESENTATIVE   FINKELSTEIN   wanted  to   address  SENATOR                 
  TAYLOR'S imaginary case of false  accusations to clarify the                 
  committee  couldn't  explain  the  details  in the  case  of                 
  insufficient  evidence,  but the  confidentiality  would not                 
  apply to the  person accused.   He said  the person  accused                 
  could  described the  details to  the  press to  clear their                 
  name, and it was only the members of the  committee who were                 
  under a ban of confidentiality.                                              
                                                                               
  SENATOR  TAYLOR  agreed the  accused  person would  have the                 
  right to go to the press,  but he thought if the person  had                 
  been beat up by the press, the press  wouldn't listen to the                 
  person's  explanation  afterwards.     They  discussed   the                 
  confidentiality  of   the  committee,  and   SENATOR  TAYLOR                 
  continued to castigate the media.                                            
                                                                               
                                                                               
  Number 724                                                                   
                                                                               
  REPRESENTATIVE NORDLUND, in answer to a statement by SENATOR                 
  TAYLOR about  the different backgrounds of  the legislators,                 
  thought when they  take the oath of  office, legislators are                 
  imbued with a lot more  power than just plain citizens.   He                 
  reviewed the  distribution of  money, the  laws that  effect                 
  lives, and the influence  of the budget on the  lives of the                 
  rest of the state.                                                           
                                                                               
  REPRESENTATIVE  NORDLUND  defined  the  ethics  code  as  it                 
  applies to the misuse of a legislator's position, and he was                 
  troubled by a statement he heard  from DR. ANDERSON that put                 
  legislators on a  par with ordinary citizens.   DR. ANDERSON                 
  clarified  his  statements as  to the  ethical code  and his                 
  distinction between ethics  and morality.  They  discussed a                 
  clear definition of ethical standards.                                       
                                                                               
  SENATOR  LITTLE  asked DR.  ANDERSON  if he  personally held                 
  legislators to a  higher standard  than the general  public,                 
  and  DR. ANDERSON  said  he would  like to  hold  them to  a                 
  certain standard of behavior,  just as he would a  minister.                 
  DR.  ANDERSON  thought  such  standards  were  owed  by  the                 
  legislators to the citizens.                                                 
                                                                               
  SENATOR LITTLE asked DR. ANDERSON how he would define sexual                 
  harassment.                                                                  
                                                                               
  Number 775                                                                   
                                                                               
  DR. ANDERSON explained his university  had a clearly defined                 
  sexual harassment policy,  and he gave examples  of behavior                 
  that was not appropriate, either stated or implied.                          
                                                                               
  REPRESENTATIVE  JAMES  followed  in  the  same line  to  ask                 
  whether it had to be harassment to the opposite sex, and DR.                 
  ANDERSON  explained grey areas such as intent and friendship                 
  with the opposite sex.                                                       
                                                                               
  REPRESENTATIVE JAMES  asked if  sexual  harassment could  be                 
  identified by  the person being  harassed, more so  than the                 
  person doing the harassing.                                                  
                                                                               
  DR. ANDERSON thought it would be  and that persons should be                 
  able  to  answer  the  accusations,  but  a  person  felling                 
  harassed should  be able to  use proper channels  to object.                 
  After  some  discussion,  REPRESENTATIVE JAMES  referred  to                 
  SENATOR LITTLE'S question  whether the use of  alcohol might                 
  change  the  intent  of the  perpetrator,  and  DR. ANDERSON                 
  thought  the perpetrator should  still be  held accountable.                 
  They continued to discuss intent v. action and agreed it was                 
  tough to answer.                                                             
                                                                               
                                                                               
  SENATOR TAYLOR expressed his interest in the life experience                 
  of a person  rather than education  or offices held, and  he                 
  asked  DR.  ANDERSON  about  his  background as  to  family,                 
  compassion, and frailties.                                                   
                                                                               
  Number 836                                                                   
                                                                               
  DR. ANDERSON described his family, a working wife, two young                 
  children, and being  foster parents in terms  of compassion.                 
  He described his  call to the  ministry and his approach  to                 
  dealing  with  people.   He  said  he  had  never sat  on  a                 
  committee exactly like  the ethics committee before,  but he                 
  related he was familiar with the variety of committee  work.                 
                                                                               
                                                                               
  DR. ANDERSON declared he  was a Cheechako and  discussed the                 
  importance of his contribution to the committee.                             
                                                                               
  TAPE 93-31, SIDE B                                                           
  Number 001                                                                   
                                                                               
  DR. ANDERSON  explained the longer they were  in Alaska, the                 
  more they liked it.                                                          
                                                                               
  SENATOR TAYLOR  expressed appreciation to  DR. ANDERSON  for                 
  his testimony  and introduced  the next  prospective member,                 
  JOSEPH DONAHUE.                                                              
                                                                               
  SENATOR TAYLOR explained  to MR. DONAHUE the  committee also                 
  had  his   letter,   application  form,   resume,  a   voter                 
  registration  showing  an  undeclared   affiliation,  and  a                 
  background check, which  revealed nothing.   He invited  MR.                 
  DONAHUE to make  his statement before opening  the committee                 
  to questions.                                                                
                                                                               
  MR. DONAHUE said he could shorten the interview by seconding                 
  all of DR.  ANDERSON'S answers.  He elicited the information                 
  that he had two  grown children, and a  wife, who works  for                 
  the legislature, but he didn't see that as a problem.                        
                                                                               
  Number 092                                                                   
                                                                               
  He reviewed  his college degree in agricultural engineering,                 
  his 25 years with the Bureau  of Indian Affairs, his arrival                 
  in Alaska  in  1972, worked  in  Fairbanks and  Juneau,  his                 
  return to Washington  D.C. for  four and half  years as  the                 
  Alaska Advisor to  the Assistant Secretary, and  his arrival                 
  back in Alaska.                                                              
                                                                               
  MR. DONAHUE  considered himself as having a good standard of                 
  ethics, and he thought all  public officials should have the                 
  public trust that  comes with serving  as a public  servant.                 
  He  reviewed his service on  the school board  and on a real                 
  estate appraisal board, and  he encouraged ethical practices                 
                                                                               
                                                                               
  in public service.                                                           
                                                                               
  MR. DONAHUE said he had seen the ethics code, and he thought                 
  making the judgement calls would be extremely difficult, but                 
  he described the judgement calls that he has made.                           
                                                                               
  SENATOR  TAYLOR  opened the  committee  to questions  by the                 
  members.                                                                     
                                                                               
  SENATOR LITTLE said  she had been  talking to people in  her                 
  area, just  twelve miles  from MR.  DONAHUE, who  think very                 
  highly of him.   She asked  how he  would handle his  wife's                 
  employment for a legislator.                                                 
                                                                               
  MR.  DONAHUE said  he would  stay out  of  that part  of any                 
  discussion  and  would not  participate  if it  involved her                 
  office.                                                                      
                                                                               
  Number 177                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS  thanked MR. DONAHUE  for submitting                 
  his name for the committee and  asked if, when he worked for                 
  the federal government,  he operated  under an ethics  code.                 
  MR. DONAHUE explained the government  has extensive rules on                 
  conflict of interest and  a code of ethics,  which continued                 
  after  an  employee  leaves  the  federal  government.    He                 
  indicated  it  was   stronger  than  the  ethics   code  for                 
  legislators and   explained  how he  worked with the  ethics                 
  code in the federal government.                                              
                                                                               
  REPRESENTATIVE  PHILLIPS asked  about his  personal life  in                 
  relation to his business operations.                                         
                                                                               
  MR.  DONAHUE  explained  he  was  building  a  house  to  be                 
  completed in June.  In addition he has a consulting business                 
  associated with non-profit native organizations dealing with                 
  government  contracting,  writing  grants, conducting  grant                 
  seminars  and  writing handbooks,  but  he indicated  he had                 
  control over his work load as a private business person.  He                 
  thought he would be able to adjust his schedule to have time                 
  to work on the ethics committee, since he is used  to making                 
  time for committee meetings.                                                 
                                                                               
  REPRESENTATIVE PORTER  described stories  in the  newspapers                 
  involving  accusations against  members  of the  legislature                 
  that  have  been  filed and  awaiting  determination  by the                 
  ethics  committee.   He  asked MR.  DONAHUE  if he  had been                 
  exposed to them and formed any opinions.                                     
                                                                               
  Number 249                                                                   
                                                                               
  MR. DONAHUE said it was hard to miss the newspaper accounts,                 
  but  he said  he had  been careful not  to form  an opinion,                 
  because he knew all of the facts were not yet available.                     
                                                                               
                                                                               
  REPRESENTATIVE  PORTER  asked  MR. DONAHUE  if  he  would be                 
  comfortable  applying the  dictates of  the ethics  statute,                 
  rather  then  what might  be  his own  personal  beliefs, to                 
  render judgement.                                                            
                                                                               
  MR. DONAHUE said he was used to applying statutes, mostly on                 
  the federal level, with which he didn't always agree, but he                 
  would adhere to the ethics statute.                                          
                                                                               
  REPRESENTATIVE  PHILLIPS  asked MR.  DONAHUE  if he  had any                 
  problems dealing with  the press during  the time of he  was                 
  working with such  highly visible  issues as ANCSA,  ANILCA,                 
  and   subsistence.   She wanted  to know  his experience  in                 
  dealing with the press.                                                      
                                                                               
  Number 299                                                                   
                                                                               
  MR. DONAHUE  described his  experiences that  led him to  be                 
  more careful  in his  dealings with  the press,  but had  no                 
  problem dealing with  the press  when he was  on the  school                 
  board.  He thought there should be a single spokesman from a                 
  group, but  he supported  the media  in their  need to  have                 
  information.                                                                 
                                                                               
  REPRESENTATIVE  GREEN  asked  him  why  he had  no  military                 
  record.  MR. DONAHUE explained he was going to school during                 
  the Vietnam  War, and was  a member  of the Air  Force ROTC.                 
  When he  was  ready to  go  to war,  a medical  problem  was                 
  discovered, and he wasn't allowed to serve.                                  
                                                                               
  REPRESENTATIVE GREEN asked MR. DONAHUE about his  consulting                 
  service.                                                                     
                                                                               
  Number 374                                                                   
                                                                               
  MR. DONAHUE  explained he  had been  conducting seminars  on                 
  federal  government contracting  under an  act which  allows                 
  Indian groups to take over the service delivery functions of                 
  the Bureau  of Indian  Affairs  Indian Health  Service.   He                 
  elaborated on his seminars and his grant writing experience.                 
  In addition, he is writing handbooks and conducting training                 
  seminars.                                                                    
                                                                               
  REPRESENTATIVE GREEN  suggested, with such a  busy schedule,                 
  he must have due dates that were important, and  asked if it                 
  would place any restrictions on  his schedule in relation to                 
  the  ethics committee.   MR. DONAHUE described  how he could                 
  juggle his schedule to make time for the ethics committee.                   
                                                                               
  REPRESENTATIVE DAVIDSON asked  MR. DONAHUE why he  wanted to                 
  serve on the  ethics committee.   MR.  DONAHUE indicated  he                 
  believed in  the concept of  public service  and the  public                 
  trust.   They discussed  his elected position  on the school                 
                                                                               
                                                                               
  board as exercising  objectivity, which he would use to make                 
  the ethics  statute work.   MR. DONAHUE thought  the present                 
  ethics  statute was better  than the previous  one, and they                 
  discussed whether it was enforceable.                                        
                                                                               
  REPRESENTATIVE DAVIDSON  asked  about  his  opinion  of  the                 
  press, and MR.  DONAHUE thought  the press  was a  necessary                 
  evil.    He described  the  necessity  to have  a  source of                 
  information available,  but  he questioned  the validity  of                 
  some of the information.                                                     
                                                                               
  Number 483                                                                   
                                                                               
  REPRESENTATIVE  DAVIDSON  asked   for  an  example  of   MR.                 
  DONAHUE'S  characterization  of  the press  as  a "necessary                 
  evil."  MR. DONAHUE used the  news stories that were written                 
  about the  complaints which were filed against  a legislator                 
  and how  the  media feels  duty  bound to  bring it  to  the                 
  public.    He  said  the  evil  was  because  there  was  no                 
  development of data gathered from  all sides, and the public                 
  doesn't know how much of the true facts were gathered.                       
                                                                               
  REPRESENTATIVE DAVIDSON  asked if he knew of any elements of                 
  unfairness  in  the  recent ethics  claims  against  the two                 
  legislators mentioned  in the  press.   MR. DONAHUE  thought                 
  there was  unfairness in both  the accused  and the  accuser                 
  having parts of the story driving the press.                                 
                                                                               
  REPRESENTATIVE DAVIDSON reviewed MR. DONAHUE'S experience in                 
  the Bureau of Indian Affairs and asked his opinion as to how                 
  the federal government dealt with aboriginal Americans.                      
                                                                               
  Number 537                                                                   
                                                                               
  MR.  DONAHUE indicated it would be  difficult to describe in                 
  such a  short  time frame,  but  characterized it  as  being                 
  fairer  than other governments  in other  similar situation.                 
  he thought  he had  used sensitivity,  without bias,  in his                 
  dealings with aboriginal Americans.  They both agreed it was                 
  a difficult question.                                                        
                                                                               
  Number 570                                                                   
                                                                               
  REPRESENTATIVE DAVIDSON asked MR. DONAHUE for his opinion of                 
  legislators, and MR.  DONAHUE said he  could use all of  the                 
  adjectives in the world - both good and bad.  REPRESENTATIVE                 
  DAVIDSON asked for specific labels,  and MR. DONAHUE thought                 
  generally that legislators  were hard-working and dedicated,                 
  but he gave some examples of the exception.                                  
                                                                               
  In answer to  a question, MR. DONAHUE  characterized himself                 
  as a moderate,  a fiscal conservative,  and more liberal  in                 
  the principal of  law.  REPRESENTATIVE DAVIDSON  thanked him                 
  for his candid answers.                                                      
                                                                               
                                                                               
  REPRESENTATIVE KOTT asked MR. DONAHUE for his opinion on the                 
  difference between  unethical conduct, immoral  conduct, and                 
  conduct that violates the law.  MR. DONAHUE opined they were                 
  not  all the  same.   He explained  moral law  is  between a                 
  person and his God, ethics is  an individuals sense of right                 
  and wrong, except when it is governed by  a statute, then it                 
  is the law.                                                                  
                                                                               
  REPRESENTATIVE NORDLUND disclosed that HELEN DONAHUE was his                 
  bowling partner.   He  then asked  about the  former SENATOR                 
  PAUL FISCHER, for  whom MRS. DONAHUE  worked.  He asked  for                 
  MR. DONAHUE'S  opinion  about  the  accusations  of  ethical                 
  problems against SENATOR FISCHER.                                            
                                                                               
  Number 653                                                                   
                                                                               
  MR.  DONAHUE thought SENATOR FISCHER, as well as the present                 
  legislators charged with ethics violations, deserved to have                 
  all of the facts brought forward before a judgement is made.                 
  He was not in Kenai at the time some of the accusations were                 
  made, so he was unable to form an opinion.                                   
                                                                               
  SENATOR TAYLOR posed  a hypothetical  case, in reference  to                 
  the question from REPRESENTATIVE KOTT,  of a major violation                 
  of the  law while saving a  person's life, and  he asked MR.                 
  DONAHUE if,  in  his opinion,  he  had violated  the  ethics                 
  statute.                                                                     
                                                                               
  MR.  DONAHUE  thought  he  would   be  accountable  for  his                 
  violations  of the law, but  he had done  the right thing in                 
  that instances.   SENATOR TAYLOR  expressed pleasure at  MR.                 
  DONAHUE'S answer and said it  pointed out the choices people                 
  have to make under certain circumstances where violations of                 
  law may occur, yet, at the time it was ethical conduct.                      
                                                                               
  SENATOR  TAYLOR  reiterated  a  question  he had  asked  DR.                 
  ANDERSON  as to whether a citizen legislature should be held                 
  to a standard higher than ordinary citizen.                                  
                                                                               
  Number 703                                                                   
                                                                               
  MR. DONAHUE said  they were held to a higher standard by the                 
  ethics  law  which   will  be  implemented  by   the  Ethics                 
  Committee.  He thought  public servants should be held  to a                 
  higher standard of  ethics, and  he used his  tenure on  the                 
  school board to explain what he meant.                                       
                                                                               
  SENATOR  TAYLOR  expressed  his  concern  at  the  confusion                 
  between standards of ethical considerations and conduct that                 
  might  be  criminal conduct.    They discussed  his previous                 
  hypothetical example of speeding to save  a life as ethical.                 
                                                                               
                                                                               
  SENATOR TAYLOR posed a hypothetical  situation in which both                 
  he  and  MR. DONAHUE  had left  a  school board  meeting and                 
  proceeded to get drunk, drove home, and got caught.  SENATOR                 
  TAYLOR  said  that would  have  been  a criminal  act.   MR.                 
  DONAHUE agreed it would,  but he also thought it might be an                 
  unethical act because  the school board sets  a standard for                 
  the conduct of children.  There  ensued a discussion between                 
  them about the  ethical implications  of the situation,  and                 
  how each might judge the ethics of the conduct.                              
                                                                               
  SENATOR TAYLOR asked MR. DONAHUE to  expand on a phrase from                 
  his letter, "to protect the  public's interest in preventing                 
  misuse of  elected  and  appointed  positions  for  personal                 
  gain."    MR.  DONAHUE said  it  was  most  difficult for  a                 
  legislator to make decisions that might end up affecting the                 
  legislator  in  a   financial  way,  and  he   outlined  the                 
  possibilities for abuse.                                                     
                                                                               
  Number 775                                                                   
                                                                               
  SENATOR  TAYLOR  said it  was  also  one of  the  easiest to                 
  identify  as a  violation, and MR.  DONAHUE thought  it was,                 
  unless there were levels in between.                                         
                                                                               
  SENATOR  TAYLOR  remarked MR.  DONAHUE  would be  the second                 
  person  on the ethics committee with  experience on a school                 
  board and asked  if the  experience was of  benefit to  him.                 
  MR. DONAHUE agreed the experiences were helpful, but doubted                 
  being on the ethics committee would be fun.                                  
                                                                               
  SENATOR  TAYLOR  concluded  the questioning  by  asking  MR.                 
  DONAHUE if there  was anything  in his background  important                 
  for the Judiciary Committees to know.  MR. DONAHUE mentioned                 
  his two sons, whom  he thought were important guys,  and had                 
  been an important part of his life experience.  He suggested                 
  he had learned  from all the different jobs  he had held and                 
  the people he knew.  He also thought the Indian  adage about                 
  respecting  the  elders  and  the wisdom  of  age  was  also                 
  important in his life.                                                       
                                                                               
  SENATOR TAYLOR thanked MR. DONAHUE for his candid and honest                 
  answers and closed the meeting.                                              
                                                                               
  There  being  no   further  business  to  come   before  the                 
  committee, the meeting was adjourned at 5:18 p.m.                            

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