Legislature(2007 - 2008)Anch LIO Conf Rm

09/26/2008 10:00 AM Senate JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
10:28:15 AM Start
10:29:04 AM Matters Pertaining to Legislative Council Investigation
10:32:28 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Matters Pertaining to TELECONFERENCED
Legislative Council Investigation
- Invited Testimony Only -
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        ANCHORAGE ALASKA                                                                                        
                       September 26, 2008                                                                                       
                           10:28 a.m.                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:28:15 AM                                                                                                                   
^Matters Pertaining to Legislative Council Investigation                                                                      
                                                                                                                                
Senator Hollis French recognized  that Senator Bill Wielechowski,                                                               
Senator  Gene  Therriault,  and Representative  Jay  Ramras  were                                                               
present. He  read a letter and  provided an update on  some legal                                                               
developments as follows:                                                                                                        
                                                                                                                                
     On September  12, 2008, the Senate  Judiciary Committee                                                                    
     authorized   the   issuance  of   fourteen   subpoenas;                                                                    
     thirteen were  for witnesses and  the last was  for Mr.                                                                    
     Frank  Bailey's cell  phone  records. Senate  President                                                                    
     Lyda Green  concurred in  that action,  thus satisfying                                                                    
     the  statutory  requirements  of AS  24.25.010(b).  The                                                                    
     purpose  of the  subpoenas  was to  assist Mr.  Stephen                                                                    
     Branchflower in  his investigation into the  events and                                                                    
     circumstances  surrounding  the termination  of  former                                                                    
     Public Safety Commissioner Walt Monegan.                                                                                   
                                                                                                                                
10:29:04 AM                                                                                                                   
     Last  week I  reported to  you on  the status  of these                                                                    
     subpoenas. At  that time six  of the  witness subpoenas                                                                    
     had been  served and  seven had  not been  served. Last                                                                    
     week's  report  covered  the six  subpoenas  that  were                                                                    
     served  and the  document subpoena  for Frank  Bailey's                                                                    
     cell phone  records. Today I'm  reporting on  the seven                                                                    
     subpoenas that were not served.                                                                                            
                                                                                                                                
     The  subpoenas that  had  not been  served  as of  last                                                                    
     Friday,  September  19,  2008,   were  for  Ms.  Dianne                                                                    
     Kiesel, Ms. Annette Kreitzer, Ms.  Nicki Neal, Mr. Brad                                                                    
     Thompson, Mr.  Michael Nizich, Ms.  Kris Perry  and Ms.                                                                    
     Janice  Mason. Taking  them in  the  order listed,  Ms.                                                                    
     Dianne  Kiesel   was  served   with  her   subpoena  on                                                                    
     September  23,  2008  in   Dutch  Harbor,  Alaska;  Ms.                                                                    
     Annette  Kreitzer  was  served  with  her  subpoena  on                                                                    
     September  21, 2008  in Juneau,  Alaska; Ms  Nicki Neal                                                                    
     was served with her subpoena on September 21, 2008 in                                                                      
                                                                                                                                
     Juneau, Alaska;  Mr. Brad Thompson was  served with his                                                                    
     subpoena on  September 21, 2008 in  Juneau, Alaska; Mr.                                                                    
     Michael  Nizich   was  served  with  his   subpoena  on                                                                    
     September 21,  2008 in Juneau,  Alaska; Ms.  Kris Perry                                                                    
     was served with  his subpoena on September  23, 2008 in                                                                    
     Wasilla, Alaska;  Ms. Janice Mason was  served with his                                                                    
       subpoena on September 21, 2008 in Juneau, Alaska.                                                                        
                                                                                                                                
     All  of  the  subpoenas   listed  above  commanded  the                                                                    
     witness to  appear here today,  September 26,  2008, at                                                                    
     10:00 am to give  testimony to the judiciary committee.                                                                    
     None  of the  witnesses have  appeared. Alaska  Statute                                                                    
     24.25.030  sets out  our procedure  in this  particular                                                                    
     situation. The statute reads as  follows: "If a witness                                                                    
     neglects or refuses to obey  a subpoena … the senate or                                                                    
     the house of representatives  may by resolution entered                                                                    
     on  its journal  commit  the witness  for contempt.  If                                                                    
     contempt   is  committed   before   a  committee,   the                                                                    
     committee shall  report the contempt  to the  senate or                                                                    
     house of representatives, as the  case may be, for such                                                                    
     action as may be considered  necessary." A copy of this                                                                    
     letter  will  be  delivered to  the  president  of  the                                                                    
     senate in order to satisfy the statute's requirements.                                                                     
                                                                                                                                
10:31:15 AM                                                                                                                   
Regarding some recent legal developments                                                                                        
                                                                                                                                
     These subpoenas,  I'll remind  you and the  public were                                                                    
     issued  two weeks  ago.  Late  yesterday afternoon  the                                                                    
     Department  of  Law filed  a  lawsuit  asking that  the                                                                    
     subpoenas  be declared  invalid. That  lawsuit was  not                                                                    
     filed   on  an   emergency  basis   meaning  that   the                                                                    
     Department  of Law  did not  formally  request a  quick                                                                    
     decision from  the court. By not  filing for injunctive                                                                    
     relief on  an emergency  basis, the department  has put                                                                    
     its lawsuit on a slow track.                                                                                               
                                                                                                                                
     The lawsuit was  followed by a letter  to the judiciary                                                                    
     committee this  morning asking that our  committee stop                                                                    
     its work  and wait for  a decision from the  court. Let                                                                    
     me  remind  the department  and  the  public that  this                                                                    
     investigation   began  nearly   two  months   ago.  The                                                                    
     administration   and  the   Department   of  Law   have                                                                    
     repeatedly  promised  cooperation  with  this  inquiry,                                                                    
      both orally and in writing. Indeed we are here today                                                                      
        because of Attorney General Colberg's abrubt and                                                                        
     complete change in position.                                                                                               
                                                                                                                                
     On July 29, 2008 the  Legislative Council gave me a job                                                                    
     to do.  That committee and the  judiciary committees of                                                                    
     both  bodies are  engaged in  a simple  search for  the                                                                    
     truth.  We intend  to keep  pursuing  that goal.  Thank                                                                    
     you. 10:32:28 AM                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects