HB 153-OPEN MEETINGS: EXCEPTION AND DEFINITION 9:05:14 AM CO-CHAIR HERRON announced that the final order of business would be HOUSE BILL NO. 153, "An Act exempting municipal boards, committees, commissions, or other similar bodies from the requirements of conducting meetings open to the public when a meeting is administrative or managerial in nature; and amending the definition of 'meeting' as it relates to public governmental meetings." 9:05:50 AM RENE BROKER, Attorney, Fairbanks North Star Borough, speaking on behalf of the Fairbanks North Star Borough, testified in support of HB 153 because it fixes two unintended consequences of the Open Meetings Act. The fixes don't affect the fundamental goals and intent of the Act. Ms. Broker relayed that [the borough] has no desire to undermine the public's right to know what it's government is doing and to participate in important policy decisions the government is making. She explained that the legislation adds a very narrow exception, which is limited to municipal boards when they're meeting solely to make administrative or managerial decisions. This change serves to make a distinction from governmental functions that already exist in the Open Meetings Act. The existing Act already recognizes that one can't effectively perform day-to-day administration functions and comply with the Act. The new language extends the existing narrow exemption to the situation when the administrative functions are performed by volunteer boards and commissions rather than municipal employees. For example, a borough public works department in charge of roads would receive funding from the local assembly, be given a budget, and municipal employees would make decisions about day- to-day administrative decisions regarding what potholes to fix and which intersections needed brushing for visibility. However, second class boroughs don't have public works but rather have road service areas that are subject to the Open Meetings Act. Therefore, the legislation specifies that when the road service area staff are performing functions that municipal employees would otherwise perform, they should be exempt [from the Open Meetings Act as well]. The legislation also includes a change to address the anomaly in the Open Meetings Act, which includes two completely different definitions of what constitutes a meeting. The Open Meetings Act has a definition that applies to policy-making bodies, those bodies that are actually making decisions that bind the municipality. The aforementioned definition has a numerical standard with which everyone is likely very familiar. However, the definition in the Open Meetings Act that only applies to advisory bodies, which can't bind the municipality, but can only make a recommendation. The aforementioned definition lacks the numerical standard, and therefore results in a stricter standard of meeting for those advisory bodies. Ms. Broker opined that the aforementioned wasn't intended. In conclusion, Ms. Broker related that the proposed changes make the Open Meetings Act stronger, more workable, and more practical. 9:11:56 AM REPRESENTATIVE HARRIS, recalling his time as a mayor and member of a city council, said that he understands the difficulties. He then inquired as to why there's no backup from the Alaska Municipal League (AML) or any other local governmental entities. MS. BROKER answered that the matter is currently being considered by AML. As an active member and former president of the Municipal Attorneys Association, Ms. Broker said that she has had a lot of contact with others, the Mat-Su Borough and the Kenai Peninsula Borough, with the same problem. REPRESENTATIVE HARRIS remarked that Valdez has the same problem as well. He then recalled that Cordova had the worst case in the state with this problem. Representative Harris related that he is fully in favor of [HB 153]. 9:14:16 AM REPRESENTATIVE CISSNA expressed the need to hear from other communities on this matter. She acknowledged that it isn't reasonable to have boards and commissions rise to a higher standard than larger more important [entities]. However, she expressed concern with the administrative aspect of the legislation as she didn't recall boards and commissions being administrative in function. 9:16:36 AM REPRESENTATIVE KELLER inquired as to the intent of the co-chairs with HB 153. CO-CHAIR HERRON related that he has some concerns that he would like to voice after the remaining witness, and then the committee could consider moving out the legislation later. 9:17:04 AM REPRESENTATIVE KELLER inquired as to the legal definition of administrative or managerial. MS. BROKER explained that the mayor and his/her staff are in charge of the administrative/managerial functions of the borough. She noted her agreement that it's unusual for boards and commissions to perform the administrative/managerial functions because they usually only make recommendations to the assembly or the mayor. In the Fairbanks North Star Borough, and most other boroughs, the [boards and commissions] that perform administrative/managerial functions are limited to road service areas and fire service areas. 9:19:20 AM LUKE HOPKINS, Member, Fairbanks North Star Assembly; Member, Alaska Municipal League, spoke in favor of HB 153. He characterized the two changes to the Open Meetings Act embodied in HB 153 as reasonable. He then echoed earlier testimony that AML has a resolution on this matter that the AML board will hear in April. Mr. Hopkins related his understanding that the AML board member from the Anchorage Assembly is in favor of this as were almost all of the [members from the] Southeast communities. 9:22:54 AM CO-CHAIR MUNOZ opined that the language "meetings of municipal boards, committees, commissions, or other similar bodies" seems to be broad. However, the intent is to address service area boards, specifically. She opined that amending the language to state "meetings by service area boards, committees, commissions, or other similar bodies ..." would provide clarity. The current language leaves open to interpretation such that it could include enterprise boards. Co-Chair Munoz said she understands Representative Cissna's concern, but related that she believes more specificity could address the situation the Fairbanks North Star Borough faces. 9:24:15 AM CO-CHAIR HERRON related that although he supports the intent of HB 153, he has some concerns with the Open Meetings Act. He recalled that when he was the city manager of Bethel there was litigation regarding open meetings. Co-Chair Herron then noted his agreement with Co-Chair Munoz that the language may be too broad such that an entity might inadvertently violate the Open Meetings Act. He suggested working with the borough, developing some amendments, and hearing the legislation again at the next meeting. 9:25:43 AM REPRESENTATIVE HARRIS pointed out that [the legislature] tends to bend over backwards to regulate the law bodies, such as the legislature and city councils. However, he opined that more laws are implemented through regulation by the gubernatorial administration, municipal administrations yet these entities aren't governed by the Open Meetings Act. The laws passed by the legislature are governed by the regulations formed in a closed environment. He expressed concern with the aforementioned. 9:29:17 AM CO-CHAIR HERRON concurred with Representative Harris' remarks, and then said he would work with the borough to develop some better language. 9:29:43 AM REPRESENTATIVE CISSNA commented that specificity would clear up her concerns. She then expressed the desire to put this legislation before other communities. 9:30:21 AM CO-CHAIR HERRON said he intends to deliver an improved piece of legislation to the next committee of referral, the House Judiciary Standing Committee. [HB 153 was held over.]