Legislature(1997 - 1998)
02/11/1998 02:15 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
February 11, 1998
2:15 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Drue Pearce, Vice-Chairman
Senator Mike Miller
MEMBERS ABSENT
Senator Sean Parnell
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 218
"An Act relating to the crime of murder and to murder of children."
- MOVED CSSB 218(JUD) OUT OF COMMITTEE
CONFIRMATION HEARINGS: SELECT COMMITTEE ON LEGISLATIVE ETHICS
PREVIOUS SENATE COMMITTEE ACTION
SB 218 - See Judiciary minutes dated 2-9-98.
WITNESS REGISTER
Mr. Dennis Cook
431 Birch Hill Rd
Fairbanks, Ak 99712
POSITION STATEMENT: Appointee to Legislative Ethics Board
Susie Barnett
Legislative Ethics Committee
716 West 4th Avenue
Anchorage, Ak 99501
POSITION STATEMENT: Commented on Confirmations
ACTION NARRATIVE
TAPE 98-7, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 2:17 for the purpose of a work session to review
appointments to the Select Committee on Legislative Ethics. Present
were SENATOR MILLER and CHAIRMAN TAYLOR who indicated they would
proceed in this manner until another member arrived and their
quorum was satisfied.
CHAIRMAN TAYLOR asked MR. COOK for a brief biographical sketch and
explanation of why he would like to serve on the board.
MR. DENNIS COOK said he was born and raised in Fairbanks, leaving
only to attend school and briefly work in Juneau. He has a large
family in Fairbanks and strong ties to the Fairbanks community. He
reviewed his work experience from odd jobs in high school to
current position as partner in a large Fairbanks firm.
Additionally, he has served on the Tanana Valley State Fair board
for many years, and he also participates in church activities,
Rotary, and Boy Scouts. MR. COOK said he got a call saying he had
been recommended and he had no reason why he couldn't serve so he
said he was willing.
CHAIRMAN TAYLOR expressed appreciation for MR. COOK'S willingness
to serve. He expressed concern that the Ethics Committee has a
tendency to become the committee on morality and he hopes MR.
COOK'S background and expertise can keep them on track and out of
emotionally charged moral issues.
MR. COOK replied that in the practice of law, a person is held to
a high moral standard. This standard is set out in the cannon. He
said he is familiar with the concept of conflicts of interest and
believes he can work within this particular framework. He has
received the standards of conduct handbook and has reviewed it. He
feels confident that he will be judging people on their actions,
not their morals, and that he can be fairly objective.
CHAIRMAN TAYLOR asked him to review opinion 98-1. He said when
signing on to the litigation regarding subsistence, he assumed he
was signing as a legislator, not an individual. He did not think he
was benefitting personally from legal services provided. If in fact
the opinion is correct, each person would be well advised to remove
their individual names and maintain their positions as legislators.
MR. COOK said he would review that opinion and CHAIRMAN TAYLOR
thanked him for that and said unfortunately some of the cases that
will come before him may have a strong political bias in the
advocacy of the case itself. He said some complaints may involve
stupid or drunken acts but these may not rise to the standard of
conflict of interest. CHAIRMAN TAYLOR expressed confidence in MR.
COOK as an attorney and man of high standards and again thanked him
for his willingness to serve.
CHAIRMAN TAYLOR acknowledged the arrival of SENATOR PEARCE and
announced they had a quorum to do business. CHAIRMAN TAYLOR
mentioned that SENATOR PEARCE was also a member of the ethics
committee and SENATOR MILLER and CHAIRMAN TAYLOR both applauded her
for her fine work on that committee. He then moved the appointment
of MR. COOK and, without objection, it was so ordered.
MS. SUSIE BARNETT, staff to the Select Committee on Legislative
ethics, announced to the committee that Mr. Granger was traveling
out of the country and would not be available to speak today.
SENATOR PEARCE stated that Mr. Granger is a reappointment and, in
her opinion, has served with distinction. He brings a sage, calm
presence and unless the committee has a specific concern, she
suggested they forward his name to the full body.
CHAIRMAN TAYLOR so moved.
MS. BARNETT thanked the committee for considering these
appointments, saying otherwise they would have trouble getting a
quorum. CHAIRMAN TAYLOR said it was no problem but reminded her
they would still have to be voted on in the full Senate. MS.
BARNETT understood this and told CHAIRMAN TAYLOR she would forward
a copy of opinion 98-1 to MR. COOK.
SENATOR PEARCE asked if the board members served until they were
officially replaced. SUSIE BARNETT replied that members who are
reappointed serve in a quasi-member role; they are not allowed to
vote but they may come to meetings. She said they have never had a
new appointment under the new structure and currently there is no
one to serve in this position.
CHAIRMAN TAYLOR suggested the committee might take a look at that
problem.
CHAIRMAN TAYLOR informed the committee that when they moved out
CSSB 218 (JUD) there was a technical glitch with the language
suggested by MR. GUANELI, so CHAIRMAN TAYLOR retained the bill.
CHAIRMAN TAYLOR did not transfer it on to the clerk and therefore
remains in the possession of the Judiciary committee. CHAIRMAN
TAYLOR asked SENATOR MILLER to withdraw his motion to adopt the
committee substitute in order that they might adopt the corrected
version.
SENATOR MILLER so moved and, without objection, CSSB 218(JUD) was
back before them and SENATOR MILLER moved the committee adopt the
K version of the bill. Again hearing no objection, version K was
adopted.
CHAIRMAN TAYLOR explained the problem was with the phrase
"recklessly or" This phrase was deleted per a memo from the bill
drafter.
SENATOR MILLER moved CSSB 218(JUD) Luckhaupt version K from
committee with individual recommendations. Without objection, the
bill moved from committee.
CHAIRMAN TAYLOR updated the committee on the Alaska Public Safety
Information Network (APSIN) inquiry. He said he was informed by the
Department of Law that someone in the Department of Public Safety
(DPS) called and informed the public safety employees' union of
their service of the subpoena on Commissioner Otte. The union is
now threatening to bring suit in an attempt to quash the
committee's subpoena and MR. GUANELI has drafted an agreement for
the committee to sign. The agreement covers confidentiality of
documents and would prevent the committee from disclosing any
information they obtain. CHAIRMAN TAYLOR said this would
necessitate them doing everything behind closed doors and he is not
excited about that. CHAIRMAN TAYLOR said they may have to do some
things privately but he prefers to do things in public to the
greatest extent possible. He said the document drafted by MR.
GUANELI was so broad it covered personnel files, documents
generated by the DPS audit and even third party documents. CHAIRMAN
TAYLOR said all these documents would have to be kept totally
confidential and be available only to the committee and their
immediate staff who would be subject to criminal sanctions if
information was leaked. CHAIRMAN TAYLOR told the committee he had
informed MR. NORSWORTHY he was not happy to sign such a document.
CHAIRMAN TAYLOR said it is his understanding that the document was
drafted by MR. GUANELI so as to make certain the unions did not
bring a suit and he was unclear who MR. GUANELI is representing by
this action.
SENATOR PEARCE asked if the union would go to court to challenge
their right to issue a subpoena. She said they clearly have the
right to do so, by statute.
CHAIRMAN TAYLOR said they claimed the information the committee
might receive as a result of the subpoena might be covered by the
Public Employees Confidentiality Act.
SENATOR PEARCE said confidential information would have to be kept
confidential by the committee and CHAIRMAN TAYLOR agreed, saying he
had no problem instructing the committee about what is
confidential. He repeated that he did not want to sign a 'blanket
agreement'.
SENATOR PEARCE wondered why MR. GUANELI would care if the committee
was sued. She said she would be interested to see the court
decision and she could not imagine the court telling them they
could not get information.
CHAIRMAN TAYLOR agreed with SENATOR PEARCE and told the committee
he just wanted to let them know what was happening. With no other
business to come before them, CHAIRMAN TAYLOR adjourned the
judiciary committee.
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