THE SELECT COMMITTEE ON LEGISLATIVE ETHICS March 8 and 9, 1994 State Capitol Building Juneau, AK Adopted April 14, 1994 MEMBERS PRESENT Joseph Donahue, Chair Ed Granger Margie MacNeille Shirley McCoy Edith Vorderstrasse Senator Jay Kerttula Representative Brian Porter MEMBERS ABSENT Representative Jerry Mackie (Absent March 8 & 9) Senator Drue Pearce (Absent March 8) MARCH 8, 1994 CALL TO ORDER The meeting was called to order on March 8th at 1:12 p.m. by Chairman Donahue in the Beltz Room of the State Capitol Building, Juneau. APPROVAL OF MINUTES OF JANUARY 24 AND 25, 1994: Margie MacNeille moved that the minutes of the January 24 and 25, 1994 meeting be adopted. Motion was adopted without objection. Minutes Approved. ADOPTION OF THE AGENDA No objections to the agenda as presented. Agenda Adopted PUBLIC COMMENT No public comment. REPORT FROM THE CHAIR a. Reference Notebooks: Reference notebooks have been compiled for committee use. The following will be available at all meetings: Ethics Code Issues, Past Advisory Opinions, Legal Advice, Open Meetings, Committee Actions and Decisions. b. APOC Letter: The chairman referenced the letter sent to APOC on February 2, 1994 requesting the commission's definition of the terms "accepting or receiving" campaign contributions. c. Legislative Council Letter: The Chairman referenced the letter sent to Legislative Council on February 3, 1994 encouraging them to develop guidelines concerning allowable activities while in travel status. d. Staff Report: Available in committee notebooks. The Chairman requested the members review the informal advice. Member MacNeille requested that the committee address how many days constitute a housesitting arrangement that requires disclosure. e. RFP for Legal Services: The Chairman appointed a subcommittee to review the responses to the RFP, once it is issued. Legal Service Sub-Committee: Shirley McCoy, Ed Granger, Margie MacNeille f. Publication of Committee Decisions: The Chairman announced that, unless there is objection, the committee decisions and orders will be published separately and annually. No objections. COMMITTEE OF THE WHOLE: EXECUTIVE SESSION At 1:40 p.m., Margie MacNeille moved that the committee of the whole go into executive session for the purpose of discussing matters, which by law, are required to be kept confidential. Motion adopted without objection. COMMITTEE OF THE WHOLE: OPEN SESSION The committee of the whole reconvened in open session at 3:22 p.m. ADVISORY OPINION 94-06: Susan Barnett, a legislative employee, requested a formal advisory opinion on the issue of soliciting funds for charitable organizations and waived the confidentiality requirement. Terry Cramer presented the draft advisory opinion. Shirley McCoy moved to adopt Advisory Opinion 94-06, with minor changes. The opinion was adopted without objection. Adopted COMMITTEE PROCEDURES: The committee reviewed the October 4, 1993 draft with Hearing Procedures of November 1993 attached. The committee reviewed and amended the draft. Margie MacNeille moved to adopt the Select Committee on Legislative Ethics Procedures, as amended. The Procedures were adopted without objection. Adopted as amended HOUSE SUBCOMMITTEE: EXECUTIVE SESSION At 4:59 p.m. Ed Granger moved that the House Subcommittee go into executive session for the purposes of discussion which could prejudice the reputation or character of a person and for discussing matters, which by law, are required to be kept confidential. Motion adopted without objection. COMMITTEE OF THE WHOLE: OPEN SESSION At 5:45 p.m. the Chairman announced that the House Subcommittee meeting was adjourned and the full committee would recess until 11:30 a.m. March 9, 1994. MARCH 9, 1994 COMMITTEE OF THE WHOLE: OPEN SESSION The Chairman called the meeting to order at 1:44 p.m. Representative Mackie was absent for the March 9 meeting. Representative Porter attended the meeting after the House Judiciary Committee adjourned. Senator Kerttula was present to establish a quorum and was absent for the remainder of the meeting. Margie MacNeille was on teleconference from the Anchorage LIO. OPEN MEETINGS GUIDELINES: The committee discussed the March 5, 1994 memo from the Subcommittee Chair, Margie MacNeille, and the March 3, 1994 document containing the draft guidelines and comments from legislators on the draft guidelines. Senator Pearce moved that the current set of draft guidelines should be the subject of public hearings. Senator Pearce amended the motion by adding that the draft be presented by the Open Meetings Subcommittee to the public within a month, with the legislator's comments included and highlighted. Copies are to be made available to all the LIOs. Motion to present subcommittee draft of the Open Meetings guidelines to the public was adopted. STANDARDS OF CONDUCT HANDBOOK: The committee reviewed the draft revision of the January 1993, Standards of Conduct Handbook, including the disclosure forms and recommended changes. Pages 9, 11, 17 and 18 were identified as needing additional discussion. The committee will continue the revision of the handbook at the next meeting. Revision of Handbook continued to next meeting. BENEFITS AND LOANS LIST: By statute, the committee is required to adopt a list of state benefit and loan programs that do not meet certain criteria. The committee reviewed a revised list for publication. Representative Porter requested that the Division of Banking be contacted to clarify why "Approval of Articles of Incorporation" is included on the list. Without objection, the committee agreed to continue the matter until the information from the Division of Banking is available. Approval of Benefit and Loan List continued to next meeting. COMMITTEE OF THE WHOLE: EXECUTIVE SESSION SENATE SUBCOMMITTEE: EXECUTIVE SESSION At 5:20 p.m., Shirley McCoy moved that the committee of the whole go into executive session for the purpose of discussing matters, which by law, are required to be kept confidential and following that meeting the Senate Subcommittee meet in executive session for the same purpose. Motion adopted without objection. NEXT MEETING: The committee tentatively scheduled the next meeting for Thursday, April 14 and Friday, April 15, 1994. ADJOURNMENT: The meeting was adjourned at 5:59 p.m.