The Select Committee on Legislative Ethics August 12, 1993 10:15 a.m. MEMBERS PRESENT Joseph Donahue, Chair Ed Granger Margie MacNeille Shirley McCoy Edith Vorderstrasse Senator Jay Kerttula Representative Brian Porter Representative Jerry Mackie Senator Drue Pearce: arrived 11:35 a.m. 1. CALL TO ORDER The meeting was called to order at 10:15 a.m. by Chairman Donahue in the Library/Conference Room on the 2nd Floor of the Anchorage Legislative Information Office. Chairman Donahue announced that Terry Cramer of LAA Legal Division was on teleconference. 2. ADOPTION OF THE AGENDA Senator Kerttula moved that the agenda remain open. Motion adopted. Chairman Donahue announced that the committee would attempt to complete it's business on August 12 and not meet on August 13. 3. APPROVAL OF MINUTES OF JUNE 8, 1993 Senator Kerttula moved that the minutes of the June 8, 1993 meeting be adopted. Motion was adopted without objection. Minutes Approved. 4. FINANCES Chairman Donahue referenced the August 11, 1993 funding update memo from LAA Administrative Services indicating a need for additional funds for FY 94. Senator Kerttula moved that the Chairman be authorized to write a funding request letter to Legislative Council detailing the funds necessary and that a copy of the funding request be sent to committee members prior to transmittal to the Council. The motion passed without objection. Motion Adopted: Chairman authorized for FY 94 funding request. 4. PUBLIC COMMENT No public comment. 5. REPORT FROM THE CHAIR a. STAFF REPORT: Chairman Donahue introduced Susan Barnett, Ethics Committee Aide, and referenced a report which summarizes the July-August operations and committee administration. b. PUBLICATION OF ADVISORY OPINIONS: The chairman advised the committee that the semi-annual publication of the advisory opinions would be accomplished as soon as possible following this meeting and will include any opinions issued today. Representative Porter inquired as to whether the committee is required to publish all advisory opinions. Terry Cramer stated that publication of opinions, after all identifying information has been removed, is required in the ethics code. c. RECOMMENDATIONS FOR AMENDMENTS TO ETHICS CODE: The chairman stated that committee members, staff and legal counsel are maintaining lists of suggested changes to the ethics law for eventual review by the committee. d. LOAN REVIEW: Statue requires the committee to annually publish a list of programs and loans, designating which do not meet the standards set out in AS 24.60.050(a). The chairman announced that the review will be initiated by staff and then brought before the committee in draft form. e. OPEN MEETINGS GUIDELINES: Statute requires the committee to develop guidelines under the Open Meetings law. The chairman appointed Margie MacNeille, Shirley McCoy, Senator Pearce and Representative Mackie to the Open Meetings subcommittee. In response to an inquiry from Representative Porter, the chairman clarified that statute does not impose a deadline on the committee for the completion of guidelines. The committee discussed pending legislative changes and court decisions which may affect current law and whether the committee may wish to make recommendations on current law. Subcommittee Appointed: MacNeille,McCoy,Pearce, Mackie f. CONFIDENTIAL DOCUMENTS: The chairman referenced the August 10, 1993 memo from him to committee members authorizing staff to organize all materials received at the Ethics Committee office and his recommendation that certain files be considered closed. Representative Porter moved that the committee formally close any file containing confidential documents that were generated under the earlier ethics laws. The motion was unanimously adopted. Motion adopted to close pre-1993 confidential documents. g. DISCLOSURES: The chairman referenced the list given to committee members identifying all disclosures received but unpublished through July 30, 1993. 6. OTHER BUSINESS a. EXECUTIVE SESSION ATTENDANCE: Senator Kerttula inquired as to whether non-committee member legislators could attend executive sessions of this committee after signing confidentiality statements. Chairman Donahue stated that legislators can sit in on executive sessions of the committee, if the subject is that legislator's request for an advisory opinion, but cannot sit in executive sessions dealing with complaints pending against that legislator. The chairman stated that the intent of the committee is to limit the number of people in executive sessions, given the statutory requirements for strict confidentiality. EXECUTIVE SESSION At 10:30 a.m., the committee of the whole announced it would move into a committee of the whole executive session and then into House and Senate subcommittee executive sessions for the purposes of discussion which might be prejudice to the persons involved. COMMITTEE OF THE WHOLE The committee of the whole reconvened at 3:44 p.m. AO 93-04: Shirley McCoy moved to adopt Advisory Opinion 93-04 as modified in executive session. Adopted without objection. Adopted AO 93-05: Shirley McCoy moved to adopt Advisory Opinion 93-05 with spelling corrections. Representative Mackie objected. Motion passed with members Donahue, Granger, MacNeille, McCoy, Vorderstrasse, Kerttula, Pearce, Porter concurring and Representative Mackie dissenting. Adopted AO 93-06: Representative Porter moved to adopt Advisory Opinion 93-06 as modified during executive session. Adopted without objection. Adopted AO 93-07: Chairman Donahue stated a conflict of interest and yielded the chair to Ed Granger. Shirley McCoy moved to adopt Advisory Opinion 93-07 as modified in executive session. Motion was adopted with no objections. Chairman Donahue did not participate in the vote. Adopted AO 93-08: Margie MacNeille moved to adopt Advisory Opinion 93-08 as modified in executive session. Representative Porter objected. The motion was adopted with members Donahue, Granger, MacNeille, Vorderstrasse, Pearce, Mackie concurring and members Porter, Kerttula and McCoy dissenting. Adopted OTHER BUSINESS NEXT MEETING: The committee tentatively scheduled the next meeting for Wednesday, September 22, 1993. VALUATION OF GIFTS: Representative Porter requested that the committee consider for future discussion what value i.e. retail or wholesale, is to be placed on gifts received. CONFIDENTIAL GIFT DISCLOSURES: Representative Porter proposed that at least three members review the confidential gift disclosures on behalf of the committee. The chairman appointed himself, Representative Porter and Margie MacNeille to review the disclosures. Subcommittee appointed: Donahue, Porter, MacNeille Committee of the whole recessed at 4:14 p.m. COMMITTEE OF THE WHOLE Committee of the whole reconvened at 7:26 p.m. and adjourned the meeting.