Legislative Council                                                                                                             
November 19, 2001                                                                                                               
                                                                                                                                
    1.     ROLL CALL                                                                                                          
                                                                                                                                
The  Legislative Council  meeting  was  called to order at 3:05 p.m.  by Representative                                         
                                                      nd                                                                        
Green,  Legislative Council Chair, in the Anchorage  2   Floor Conference  Room   &  via                                        
teleconference.                                                                                                                 
                                                                                                                                
The  roll was taken.  In attendance  were  Council  members:  Green,  Kott, Murkowski,                                          
Ogan,  Rokeberg,  Berkowitz,  Cowdery,  Halford,  P. Kelly and  Elton.  Members   absent                                        
were:   Porter, Torgerson and  Donley.   Staff present were:   Varni, Cook,  Luckhaupt,                                         
Schofield, Finley, Ibesate and Collins.                                                                                         
                                                                                                                              
               2.     IMMUNITY OF STAFF THAT IS AVAILABLE TO MEMBERS OF                                                       
           THE LEGISLATURE                                                                                                    
                                                                                                                              
Jerry Luckhaupt,  Legislative Counsel, Division  of Legal and  Research Services, stated                                        
that recently Kevin  Jardell was  issued a subpoena   by the  attorneys representing the                                        
Alaska  Redistricting Board in the consolidated reapportionment  lawsuits in Anchorage                                          
Superior  Court.  The  subpoena  orders  Mr. Jardell to appear  and give  testimony and                                         
produce  documents  concerning  a period of time when  Mr. Jardell was employed   by the                                        
Alaska  Legislature and was engaged  in legislative duties.  Mr. Luckhaupt stated that he                                       
questioned  Mr. Jardell about  his activities and determined that they  appeared, in his                                        
opinion, to  be protected by  legislative immunity  -  immunity  arising both  from  the                                        
Constitution of the State of Alaska and from the common law.                                                                    
                                                                                                                                
Mr. Luckhaupt addressed questions about the reach of legislative immunity.                                                      
                                                                                                                                
Discussion ensued.                                                                                                              
                                                                                                                                
Senator  Cowdery   moved  to direct Legislative Counsel  to seek  to quash or otherwise                                         
defend Mr. Jardell from the subpoena as far as the subpoena seeks to                                                            
require Mr. Jardell to provide testimony or produce evidence that is protected by                                               
legislative immunity.                                                                                                           
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Rokeberg, Cowdery, Halford and P. Kelly                                            
                                                                                                                                
NAYS:                 Berkowitz and Elton                                                                                       
                                                                                                                                
ABSENT:        Porter and Torgerson                                                                                             
                                                                                                                                
The motion passed 8 to 2.                                                                                                       
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Senator Cowdery moved that Representative Green be appointed as contact person for                                              
Legislative Counsel regarding the litigation.                                                                                   
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Rokeberg, Cowdery, Halford and P. Kelly                                            
                                                                                                                                
NAYS:                 Berkowitz and Elton                                                                                       
                                                                                                                                
ABSENT:        Porter and Torgerson                                                                                             
                                                                                                                                
The motion passed 8 to 2.                                                                                                       
                                                                                                                                
The meeting was adjourned at 4:10 p.m.