Legislature(2005 - 2006)BUTROVICH 205
04/13/2005 08:30 AM Senate JUDICIARY
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| Start | |
| Confirmation Hearing: Attorney General: Mr. David Marquez | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
JOINT MEETING
HOUSE JUDICIARY STANDING COMMITTEE
SENATE JUDICIARY STANDING COMMITTEE
April 13, 2005
8:38 a.m.
SENATE MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
HOUSE MEMBERS PRESENT
Representative Lesil McGuire, Chair
Representative Nancy Dahlstrom
Representative Les Gara
Representative Pete Kott
Representative Tom Anderson
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
Attorney General Confirmation Hearing: Mr. David Marquez
CONFIRMATION HEARD AND HELD
PREVIOUS COMMITTEE ACTION
No previous action
WITNESS REGISTER
Mr. David Marquez, Acting Deputy Attorney General
Civil Division
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Applicant for Attorney General
ACTION NARRATIVE
CO-CHAIR RALPH SEEKINS called the joint Senate and House
Judiciary Standing Committee meeting to order at 8:38:22 AM.
Present were Representatives Nancy Dahlstrom, Les Gara, Pete
Kott, Tom Anderson, and Co-Chair Lesil McGuire, Senators Hollis
French, Charlie Huggins, Gene Therriault, and Co-Chair Ralph
Seekins.
^Confirmation Hearing: Attorney General: Mr. David Marquez
CO-CHAIR SEEKINS announced that the joint Senate and House
Judiciary Standing Committee was meeting to determine whether or
not to forward the nomination of David Marquez as appointee to
be Attorney General for the State of Alaska.
8:40:45 AM
SENATOR CHARLIE HUGGINS thanked Mr. Marquez for his veteran
service.
REPRESENTATIVE TOM ANDERSON asked Mr. Marquez how his experience
in corporate law would aide him in the attorney general
capacity.
MR. DAVID MARQUEZ detailed the start of his legal career in a
private law firm. In 1977 he joined Arco Alaska and advised
heads of departments on Alaska resources. He said he understands
the burdens and importance of good staff work. Gradually he was
given more responsibility within the Arco legal department
including the management and supervision of lawyers.
In the early 1990s he related that he became general counsel of
Alyeska Pipeline Service Company, which provided him with a
first opportunity to serve as a member of an executive team. In
that capacity he reported directly to the president and led an
entire law department. During that time he managed the
significant litigation that Alyeska faced.
He opined that the aforementioned experience would be directly
relevant because as attorney general he would provide legal
advice to the chief executive of the state and the cabinet. He
would bear ultimate accountability and responsibility for
managing the legal affairs of the State of Alaska.
8:44:21 AM
He said he returned to work for Arco Alaska as vice president of
external affairs and environmental health and safety. He was
responsible for media, government, community relations and
safety programs. During that time, he said, he worked on the
Alaska Stranded Gas Development Act as a member of different
task forces.
Ultimately he became head counsel for Arco Alaska, which made
him a member of the executive team. He reiterated that he held a
similar position with Alyeska and that they are equivalent to a
cabinet member serving the chief executive of the state.
He expressed the view that his corporate experience is directly
relevant to the attorney general post.
8:46:04 AM
Senator Gretchen Guess joined the meeting.
REPRESENTATIVE LES GARA referred to Mr. Marquez's recent job
with Conoco Phillips and asked how he would address the issue of
selecting the company to build the Alaska Gas Pipeline.
8:48:07 AM
MR. MARQUEZ assured the committee his position would override
past associations. He maintains an ethical duty to represent his
client, which is now the State of Alaska.
CHAIR SEEKINS asked Mr. Marquez the date he left employment with
the oil companies.
MR. MARQUEZ answered December 2001.
CHAIR SEEKINS asked whether he remained on retainer.
MR. MARQUEZ responded no.
REPRESENTATIVE GARA asked Mr. Marquez whether he was leaning
toward any of the three oil company applicants.
MR. MARQUEZ said the short answer is no. His job will be to
review and withhold judgment until the gas cabinet fully
evaluates the three.
8:56:52 AM
REPRESENTATIVE GARA commented many people, including the state,
believe the pipeline owners are overcharging for the
transportation of Alaska oil.
MR. MARQUEZ agreed. He said his predecessor initiated efforts to
renegotiate.
8:59:02 AM
SENATOR HUGGINS voiced his support for Mr. Marquez.
REPRESENTATIVE GARA shared his concern about when two democrats
were fired when the last administration came in. He asked Mr.
Marquez whether it is appropriate to consider a person's
politics when deciding whether a person should work for or be
retained by the Department of Law.
MR. MARQUEZ responded the utmost value would be in their skills,
dedication, and experience. It is important for an attorney
general to lead a team that would provide support to any
administration. Certainly the governor would expect department
heads to hire a team that would be the most effective in
promoting the goals of the governor.
9:02:19 AM
REPRESENTATIVE GARA asked Mr. Marquez to clarify whether a
person's politics are relevant to them performing a job.
MR. MARQUEZ stated it would have some relevance. A person's
political affiliation is important in the context of building a
team that one can work with. Cabinet members are political
appointees and one would expect that they would surround him or
her self with people they could trust.
9:04:06 AM
CO-CHAIR MCGUIRE commented that what makes up a political party
is a set of values and philosophies. She asserted it would be
difficult to have a staff with a different set of values.
MR. MARQUEZ said it is not his intention to engage in a
political witch-hunt. He is impressed with the current team.
9:06:26 AM
SENATOR HOLLIS FRENCH urged that all lawyers in the Department
of Law should be judged solely by what they do on the clock.
MR. MARQUEZ agreed but speculated there are times when a
person's partisanship would be brought into the office and could
affect his or her performance.
9:09:26 AM
REPRESENTATIVE GARA expressed concern and asked Mr. Marquez to
clearly state whether he would consider a person's politics
above their performance. He indicated there was fear within the
DOL concerning this issue and that people were afraid to
participate in the political process.
MR. MARQUEZ said all he is concerned about is performance on the
job. Partisan activities outside the job are irrelevant so long
as it does not affect performance.
9:11:46 AM
CHAIR SEEKINS stated that a supervisor would look at how
employees interact with one other. Politics can have an affect
on an employee's performance.
9:13:36 AM
SENATOR GENE THERRIAULT asked Mr. Marquez how he intends to
interact with opposing state and federal issues such as tribal
sovereignty issues.
MR. MARQUEZ asserted the governor is generally a strong
proponent of state's rights and is engaged in other actions
against the federal government. He would look at every
opportunity to make sure Alaska government is not thwarted by
unnecessary federal intervention.
9:16:48 AM
SENATOR THERRIAULT expressed concern over the tribal sovereignty
issue.
MR. MARQUEZ admitted he has no experience in that area. Tribal
sovereignty is a matter of federal law. He would expect to
advocate for state sovereignty and ask for the protection of all
Alaskans.
9:19:47 AM
SENATOR THERRIAULT understood that as the top legal advisor to
the governor, Mr. Marquez would be looking for any possible
erosion of constitutional protection of its citizens. Indian
country does not exist in the State of Alaska but he anticipates
that the US Congress will eventually take action to reverse
that. He asked Mr. Marquez his position on the subject.
MR. MARQUEZ admitted that would be a large departure from
current law. It would require the US Congress to amend Indian
Country definition in federal law and the overturning of US
Supreme Court cases.
9:25:57 AM
SENATOR GRETCHEN GUESS asked Mr. Marquez to share his approach
to conflicts of interest.
MR. MARQUEZ said it is important for the people to have
confidence in their attorney general. Ultimately ethics and
morality is an individual matter. The ethics laws could be
improved and he is ready to work closely with the Legislature.
9:27:44 AM
SENATOR FRENCH agreed there are deficiencies in the Ethics Act.
He asked whether Mr. Marquez had a specific view on how to
improve it.
MR. MARQUEZ advised that the DOL has long examined the Ethics
Act and how to improve it. They are awaiting action on new
legislation.
9:30:30 AM
SENATOR FRENCH asked whether he had a view on a dollar amount
concerning the investment threshold.
MR. MARQUEZ said he did not since the value of stocks fluctuate.
SENATOR FRENCH asked whether problems would be avoided if top
administrative officials put their assets in a blind trust.
MR. MARQUEZ admitted that would be appropriate particularly if a
high official owned a lot of stock in a smaller company. It is
also important to realize the difficultly involved in acquiring
a blind trust.
9:35:29 AM
REPRESENTATIVE GARA said it is important that government not
tell people which parties to support. He asked whether Mr.
Marquez thought it inappropriate in making personnel decisions
to look at an applicants donation records.
MR. MARQUEZ answered it was not inappropriate for an employer to
look at a person's complete background.
REPRESENTATIVE GARA asked Mr. Marquez whether it was relevant to
consider an applicant or employee's politics outside of work.
MR. MARQUEZ responded he could not draw a clear line. Outside
life can have an impact. What is important is job performance.
He could not pledge that he would never look at someone's
partisan activities.
9:39:57 AM
SENATOR HUGGINS asked Mr. Marquez whether there was anything
about his prior relationship with the oil industry that the
Legislature should be aware of.
MR. MARQUEZ responded no.
SENATOR HUGGINS asked whether anything in his business
investment portfolio might cause him to be exposed in the
future.
MR. MARQUEZ replied he has no interest in the oil companies. His
funds are mostly in mutual funds and bonds. He would make sure
the bonds are not from municipalities or other entities in
Alaska and that his bond manager doesn't purchase corporate
bonds from companies doing business in Alaska.
9:45:45 AM
REPRESENTATIVE MAX GRUENBERG asked Mr. Marquez to describe how
he would resolve conflicts in the best interest of the state.
MR. MARQUEZ said he has been advising executives most of his
career and would weigh in on whether any action is legal or
illegal.
REPRESENTATIVE GRUENBERG said he is referring to a difficult
case where the question is a value judgment. He asked how he
would advise on two optional legal courses of action where one
might benefit the state and one might benefit a person.
9:50:02 AM
MR. MARQUEZ replied he would give the advice to best interest of
the state and forgo any actions that would benefit an
individual.
9:53:26 AM
SENATOR FRENCH asked Mr. Marquez to discuss his experience in
the criminal division of the DOL.
9:55:03 AM
MR. MARQUEZ said he is very lucky to have the job as legislative
liaison as it provided him valuable opportunity to work with
lawyers in both divisions.
9:57:19 AM
CO-CHAIR MCGUIRE adjourned the joint meeting at 9:57:39 AM.
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