ALASKA STATE LEGISLATURE  SELECT COMMITTEE ON LEGISLATIVE ETHICS  JULY 17, 2018   House Subcommittee      8:31:28 AM    1. Call the Meeting to Order    Chair Dennis "Skip" Cook called the meeting to order at  8:35 AM.    Committee members present:    Dennis "Skip" Cook, Chair  Representative Colleen Sullivan-Leonard  Representative Chris Tuck  Deb Fancher  Lee Holmes  Joyce Anderson  Conner Thomas    Others present:    Jerry Anderson, Administrator  Jacqui Yeagle, Administrative Assistant  Nancy Nolan, Hearing Officer  Kevin Fitzgerald, Ethics Committee Counsel  Representative David Eastman  Tim Petumenos, Counsel for David Eastman  Karina Chambers, Paralegal to Tim Petumenos      2. Approval of Agenda    Representative Colleen Sullivan Leonard made a motion to  approve the agenda. No objection. Agenda approved.      3. Public Comment    No public comment.      4. Public Hearing Related to Complaint 17-03      Chair Cook turned the meeting over to Hearing Officer Nancy  Nolan.    Nancy Nolan stated that the primary witness, Naomi Klouda,  was unavailable to testify. Since Nancy Nolan was notified  of the witness unavailability at the last minute (close of  business the evening before the hearing), the issue was  addressed on record at the time set for the hearing.    After hearing from both parties, Nancy Nolan stated that,  given the importance of this particular witness, and the  late notice of unavailability, she would grant a  continuance if that was the remedy being requested.    The attorneys held a private conference.    The attorneys agreed to proceed without the witness,  pursuant to an agreement that Kevin Fitzgerald would not  object to the admission of four documents that Tim  Petumenos had hoped to introduce through the witness. The  parties agreed to read the deposition into the record in  light of the witness unavailability.    Nancy Nolan read to the Subcommittee Pre-Evidence  Instructions.    Kevin Fitzgerald delivered his opening statement on behalf  of the House Subcommittee of the Select Committee on  Legislative Ethics.    Tim Petumenos stated the respondent's position is that  maximum access to the public be allowed to the hearing.    Nancy Nolan stated that it would be up to the Committee to  decide whether the public is allowed to record the  proceedings.    Chair Cook announced that there would be no restrictions on  public recording of the proceedings but that there is only  one official recording of the proceedings.    Chair Cook directed Nancy Nolan's attention to Kevin  Fitzgerald. Kevin Fitzgerald asked Nancy Nolan to confirm  that the Committee be allowed to ask questions during the  proceedings.    Nancy Nolan confirmed that the Committee is authorized to  ask questions during the proceedings.    Tim Petumenos delivered his opening statement on behalf of  Representative David Eastman.    Kevin Fitzgerald called his first witness, Naomi Klouda, by  a reading of Naomi Klouda's deposition. Jerry Anderson was  placed under oath to read the part of Naomi Klouda. Fitzgerald read the part of Tim Petumenos.    Tim Petumenos read a selected section of Reuters Handbook  of Journalism.    Exhibit 6, the transcript of the Naomi Klouda deposition,  was offered and admitted into evidence.    Tim Petumenos requested then withdrew his request to admit  into evidence Exhibit H, the selected section of the  Reuters Handbook of Journalism. Exhibit H was withdrawn.    Jerry Anderson was called as a witness and provided  testimony.    Exhibit 1, Jerry Anderson's activity log dated April 13,  2017 documenting Anderson's phone conversation with  Representative David Eastman was offered and admitted into  evidence.    Nancy Nolan gave instructions to the Subcommittee prior to  break.    11:24:54 AM    BREAK    1:07:21 PM    Chair Cook called the public hearing back in to order.  before Kevin Fitzgerald resumed direct examination of Jerry  Anderson.    Exhibit 2, the letter written by Representative David  Eastman dated April 14, 2017, was offered and admitted into  evidence.    Exhibit 4, the email that Jerry Anderson received from  Naomi Klouda on May 18, 2017, summarizing the communication  that she had had with Representative David Eastman on April  28, 2017 was offered and received into evidence.    Exhibit 5, the formal charge issued by the House  Subcommittee was offered and admitted into evidence.    Tim Petumenos conducted cross examination of Jerry  Anderson.    Kevin Fitzgerald conducted re-direct examination of Jerry  Anderson.    Lee Holmes asked clarifying questions to Jerry Anderson  regarding the confidentiality of ethics complaints.    Representative Chris Tuck asked Jerry Anderson about his  recollection of the date he was contacted by Naomi Klouda.    Tim Petumenos called Karina Chambers as his first witness  to read statements made by Naomi Klouda statements made  to Monique Rapuzzi on September 25, 2017. Karina Chambers  was placed under oath and Tim Petumenos and Karina Chambers  read the relevant parts of Naomi Klouda's statement.    Kevin Fitzgerald called Representative David Eastman to  testify. Representative David Eastman was placed under  oath.    Tim Petumenos questioned Representative David Eastman.    Exhibit E, the article by Suzanne Downing in Must Read  Alaska dated April 19, 2017 was offered and admitted into  evidence.    Exhibit D, Representative David Eastman's phone record  establishing the date, time, and duration of the phone call  with Naomi Klouda was offered and admitted into evidence.    Kevin Fitzgerald conducted cross examination of  Representative David Eastman.    Lee Holmes stated that Representative David Eastman had  left the room when the Steve Strait complaint against  Representative LeDoux was discussed at the Ethics Committee  meeting in August 2017.    Exhibit B, the newspaper article written by Naomi Klouda  dated January 18, 2018, and Exhibit F, an article written  by Naomi Klouda dated May 3, 2017 were offered and admitted  into evidence.    Representative Colleen Sullivan Leonard asked if  Representative David Eastman's phone records show the phone  call between Representative David Eastman and Jerry  Anderson.    Representative David Eastman posed the possibility that  Jerry Anderson had telephoned Representative David Eastman  on his office phone and therefore, the phone would not  appear on the phone record.    Tim Petumenos called Steve Strait as witness. Steve Strait  was placed under oath.    Tim Petumenos questioned Steve Strait.    Kevin Fitzgerald conducted cross examination of Steve  Strait.    Kevin Fitzgerald re-called Jerry Anderson as a witness.    Kevin Fitzgerald and Jerry Anderson read the transcript of  the committee Investigator's Monique Rapuzzi interview of  Naomi Klouda. Kevin Fitzgerald read Monique Rapuzzi's part  and Jerry Anderson read Naomi Klouda's part.    Kevin Fitzgerald delivered his closing argument.    Tim Petumenos delivered his closing argument.    Kevin Fitzgerald delivered his rebuttal argument.    Nancy Nolan read to the Subcommittee Post-Evidence  Instructions.    Deb Fancher asked if the Subcommittee should consider in  its deliberations the Order Addressing Motion to Dismiss Due to Committee Composition that the Subcommittee had  received prior to the public hearing.    Nancy Nolan responded that the Subcommittee should only  consider evidence received during the public hearing.    EXECUTIVE SESSION as needed to discuss matters related to Complaint 17-03 under AS. 24.60.170(j),(k) and under Rules of Procedure Section 5(b)(2). The purpose of Executive session is to discuss matters which by law must remain confidential under Uniform Rule 22(b) regarding executive sessions, and Rules of Procedure Section 5: Executive Sessions and discussion of matters, the immediate knowledge of would adversely affect the finances of a governmental unit, and discussion of subjects that tend to prejudice the reputation and character of a person.   5. Public Session    Chair Skip Cook announced that the Subcommittee had  completed their work in executive session on H 17-03.      6. Other Business    No other business.      7. Adjourn    Chair Skip Cook entertained a motion to adjourn. Conner  Thomas moved to adjourn. No objection. Chair Cook adjourned  the meeting.    6:02:52 PM      Administrative Footnote: Exhibits 3, A, and C as marked  were not offered or admitted as part of the public hearing.