ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL    JUNE 14, 2024  2:00 PM    MEMBERS PRESENT  Senator Elvi Gray-Jackson, Chair  Representative Kevin McCabe, Vice Chair  Senator Click Bishop  Senator Jesse Kiehl  Senator Donny Olson  Senator Gary Stevens  Representative Bryce Edgmon  Representative Craig Johnson  Representative George Rauscher  Representative Dan Saddler  Representative Cathy Tilton    MEMBERS ABSENT  Senator Matt Claman  Senator Lyman Hoffman  Senator Bert Stedman (alternate)  Representative Sara Hannan    OTHER MEMBERS PRESENT  Senator David Wilson    AGENDA  APPROVAL OF AGENDA  APPROVAL OF MINUTES  CONTRACT APPROVALS  EXECUTIVE SESSION  COMMITTEE BUSINESS    SPEAKER REGISTER  Jessica Geary, Executive Director, Legislative Affairs  Agency (LAA)  Shay Wilson, Chief Information Officer, LAA  Kate Burkhart, Ombudsman  JC Kestel, Procurement Officer, LAA  Tim Powers, Chief Technology and Outreach Officer, LAA  John Wright, Manager, Print Shop, LAA    I. CALL TO ORDER  2:05:35 PM  CHAIR GRAY-JACKSON called the Legislative Council meeting to  order in the Anchorage Legislative Information Office Denali  Room. Present at the call were: Senators Bishop, Gray-Jackson,  Kiehl, Olson, Stevens; Representatives Edgmon, Johnson,  McCabe, Tilton.    Nine members present.    Representative Saddler joined the meeting at 2:08pm, and  Representative Rauscher joined at 2:17pm.    II. APPROVAL OF AGENDA    2:07:21 PM  VICE CHAIR MCCABE moved and asked unanimous consent that  Legislative Council approve the agenda as presented.    The motion passed without objection.    III. APPROVAL OF MINUTES    2:07:36 PM  VICE CHAIR MCCABE moved that Legislative Council approve the  minutes for the April 30, 2024, Legislative Council meeting  as presented.    The motion passed without objection.    IV. CONTRACT APPROVAL   a. State Microsoft Agreement    2:07:58 PM  VICE CHAIR MCCABE moved that Legislative Council approve the  expenditure of $303,000 for the first of five annual  installments to Software House International (SHI) that licenses  the Legislature to use Microsoft's software.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked Shay Wilson, Chief Information Officer, to speak to  this item.    SHAY WILSON, Chief Information Officer, Legislative Affairs  Agency (LAA), stated before Council members was a memo regarding  the Microsoft Enterprise Software Agreement. In 2021,  Legislative Council authorized LAA to enter a three-year  contract with Microsoft with annual renewals. That contract ends  at the end of this month.    This software includes a wide range of applications used daily  by legislative employees including computer operating systems;  applications like Outlook, Word, Excel, PowerPoint;  collaboration software Teams; and storage. The licenses also  include software that runs the legislature's servers including  BASIS, file system storage, and the databases required to store  and track the bill process.    This contract was negotiated in conjunction with the executive  and judicial branches and used software reseller SHI to secure  the lowest pricing on this software licensing. The legislative  branch also targeted a five-year enterprise agreement to secure  even further discounts.    The total price for year one of the enterprise agreement is  $303,000 to be paid from Division of Technology and Information  Fiscal Year 2025 operating funds.    There was no further discussion. Chair Gray-Jackson removed her  objection and asked for a roll call vote.    2:10:33 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Saddler    NAYS: None    The motion passed 9-0.     b. Ombudsman Legal Services    2:11:14 PM  VICE CHAIR MCCABE moved that Legislative Council authorize the  expenditure of an amount not to exceed $80,000 to be paid from  existing funds in the Ombudsman operating budget for legal  services provided by Holland and Hart LLP to the Alaska State  Ombudsman in the Thomas Meadows petition matter.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked Kate Burkhart, Alaska State Ombudsman, to speak to  this item.    KATE BURKHART, Alaska State Ombudsman, stated that earlier in  the year a complainant was dissatisfied with the investigation  of a complaint they made to the Ombudsman and sought to appeal  to the Alaska Superior Court. Initially the matter was  dismissed, but he refiled in March and that matter is still  pending. The Ombudsman has retained Holland and Hart to  represent their office in this matter. At the time we submitted  the memo to Legislative Council we had expended $36,000 in  attorney fees; since then they have been invoiced and approved  payment for an additional $5,764. The judge has not ruled on the  matter. Ombudsman Burkhart does not know if they will need to  appear in court for a hearing or if the judge will decide on the  pleadings. She said they anticipate the complainant will appeal  whatever the outcome, so they are seeking approval to pay for  attorney fees through the completion of this matter. At her  request, Holland and Hart estimated that, given the briefing  that has already been done, it should come in under $80,000, but  there is no guarantee.    REPRESENTATIVE SADDLER asked what is at issue with this lawsuit.    MS. BURKHART responded that the petitioner, Thomas Meadows, made  a complaint to the Ombudsman which was investigated. He did not  agree with the findings so he attempted to file an administrative  appeal to the Superior Court like one would with the executive  branch. The Alaska Ombudsman specifically prevents judicial  review of Ombudsman actions as part of the separation of powers.  Mr. Meadows' first attempt was dismissed, so he filed an  Ombudsman grievance which was considered by someone other than  herself. He was unhappy with that outcome, so Mr. Meadows refiled  the appeal again; it's considered a new matter, which is why it  has a new case number, and it is still pending before the judge.    Ms. Burkhart noted that while Mr. Meadows believes the findings  are inaccurate or unsupported by the evidence, the key legal  issue is whether the Ombudsman's findings in an investigation  are subject to judicial review. Our statute makes it clear they  are not.    REPRESENTATIVE SADDLER asked what the original issue was.    MS. BURKHART responded that if the Committee would like to have  a substantive discussion related to this matter, she would ask  that be done in Executive Session due to statutory requirements  related to confidentiality and that this is pending litigation.    There was no further discussion. Chair Gray-Jackson removed her  objection and asked for a roll call vote.    2:15:36 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Saddler, Tilton    NAYS: None    The motion passed 10-0.     c. Fairbanks LIO Lease Extension Renewal    2:16:13 PM  VICE CHAIR MCCABE moved that Legislative Council approve Renewal  No. 4 of the lease for the Fairbanks office space in the amount  of $217,536.24.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked JC Kestel, Procurement Officer, LAA to speak to this item.    JC KESTEL, Procurement Officer, LAA, stated that the Agency  leases office space from Global Federal Credit Union in  Fairbanks for the Interior Delegation and the Fairbanks LIO.  That lease is currently in Renewal No. 3, which expires July 31,  2024. He said the Agency is seeking to exercise Renewal No. 4  for the period August 1, 2024, through July 31, 2025. This lease  renewal exceeds $50,000 in one fiscal year, therefore  Legislative Council approval is required.    SENATOR STEVENS stated that at one time, the legislature had a  separate North Pole office and asked if all the Fairbanks area  legislators are now in the Fairbanks LIO.    MR. KESTEL confirmed that was correct with the exception of one  Interior member from Tok who maintains an office in his district.  He added, in response to a question by Vice Chair McCabe, that  there are nine legislative offices, two visiting legislator  offices, and two conference rooms.    There was no further discussion. Chair Gray-Jackson removed her  objection and asked for a roll call vote.    2:19:11 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Rauscher,  Saddler, Tilton    NAYS: None    The motion passed 11-0.       d. Mat-Su LIO Lease Extension Renewal    2:19:51 PM  VICE CHAIR MCCABE moved that Legislative Council approve Renewal  No. 3 of the lease for Mat-Su office space in the amount of  $191,820.72.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked, JC Kestel, Procurement Officer, to speak to this item.    MR. KESTEL, Procurement Officer, LAA, stated that the Agency  leases office space from 600 Railroad Ave., LLC, for the Mat-Su  Delegation and LIO in Wasilla. Renewal No. 2 is expiring July  31, 2024, and Renewal No. 3 would be for the period August 1,  2024, through July 31, 2025. This lease renewal exceeds $50,000  in one fiscal year; therefore, Legislative Council approval is  required.    VICE CHAIR MCCABE, as a member of the Mat-Su Delegation, shared  with members that a school was moving out of the facility that  houses the LIO and legislative offices and asked if the lessor  had advised who would be moving into that vacated space.    MR. KESTEL said he has twice asked that question, but the  lessor's property manager has not provided a thorough answer as  there seems to be some uncertainty as to when the school  is leaving.    VICE CHAIR MCCABE shared that legislative parking at the Mat-Su  office has been a concern and suggested that, once a new tenant  has been identified, the property manager communicate a plan  that will accommodate all tenants.    MR. KESTEL said that this lease currently includes ten parking  spaces, and that it may be possible to negotiate additional  parking spaces. He speculated that additional buildings recently  added to the property may also be contributing to that problem.    There was no further discussion. Chair Gray-Jackson removed her  objection and asked for a roll call vote.    2:23:24 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Rauscher,  Saddler, Tilton    NAYS: None    The motion passed 11-0.    V. EXECUTIVE SESSION  a. RFP 668 Alaska State Capitol Audio and Video Equipment  Installation  b. RFP 671 - Alaska State Capitol Audio and Video Equipment  Programming    CHAIR GRAY-JACKSON said Council would go into Executive Session  to consider a notice of intent to award two RFPs: (1) the Alaska  State Capital Audio and Video Equipment Installation and (2) the  Alaska State Capitol Audio and Video Equipment Programming.    2:24:21 PM  VICE CHAIR MCCABE moved and asked unanimous consent that  Legislative Council go into Executive Session under Uniform Rule  22(B)(1), discussion of matters, the immediate knowledge of  which would adversely affect the finances of a government unit  and 22(B)(3), discussion of a matter that may, by law, be  required to be confidential. The following individuals may  remain in the room or online during Executive Session: Jessica  Geary, Megan Wallace, Susie Lemons, Tim Powers, JC Kestel, and  Ernest Daigle; Proposal Evaluation Committee (PEC) members Shay  Wilson, Danea Burns, Amanda Krafft, Matt Simpson, Micaela  Bradner; K2 Audio Engineer Ben Gleason; any legislators not on  Legislative Council; and any staff of Legislative  Council members.    A roll call vote was taken.    2:25:15 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Rauscher,  Saddler, Tilton    NAYS: None    The motion passed 11-0.    2:26:13 PM  Council went into Executive Session.    2:48:53 PM Council came out of Executive Session.    A roll call vote was taken to establish a quorum.    Present at the call were Senators Bishop, Gray-Jackson, Kiehl,  Olson, Stevens; Representatives Edgmon, Johnson, McCabe,  Rauscher, Saddler, Tilton.    Eleven members present.  2:49:37 PM  VICE CHAIR MCCABE moved that Legislative Council approve the  award of both RFP 668 and RFP 671, to Sound Decisions, LLC, with  a not-to-exceed contract value of $1,295,800 to be paid using  existing capital funds.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked, Tim Powers, Chief Technology and Outreach Officer, to  speak to this item.    TIM POWERS, Chief Technology and Outreach Officer, LAA, said  there are two RFPs for consideration: RFP 668 and 671 audio  video (AV) equipment installation and the equipment programming.  He said in December of 2022 the Legislative Council approved a  contract with K2 Audio LLC, an AV consulting firm, to assess and  design a replacement plan for the Capitol's audio and video  systems. This independent review resulted in the two RFPs  presented for consideration today. K2 Audio Engineer Ben Gleason  is available on the phone to answer any technical questions. He  said the rationale for this upgrade is that the current audio  system in the chambers and committee rooms are nearing the end  of their lifespan and are experiencing quality decline. Both  Sergeants-at-Arms can confirm the need for replacement. Existing  limitations with the technology level of the existing audio  systems prevent full integration of projection systems,  presentation computers, LIO audio systems, and they hinder video  conference capabilities through Microsoft Teams. He noted the  temporary solutions implemented during the pandemic to support  the inclusion of video participation resulted in a significant  amount of staff time to maintain and has been unreliable. He  said without this investment, the Division of Technology and  Information cannot replace the failing equipment before a  critical breakdown occurs which would negatively impact the  legislatures productivity and accessibility to the public.    Cost information for this project includes RFP 668 Audio and  Video Equipment Installation at $1,095,946.46, plus a five  percent contingency, and the value of RFP 671 at $144,515.08,  brings the total combined request of $1,295,800.    2:52:11 PM  Council took a brief at-ease.      2:53:36 PM  Council returned from brief at-ease.    2:53:39 PM  VICE CHAIR MCCABE, at the request of the Chair, restated the  motion and moved that Legislative Council approve the award of  both RFP 668 for $1,150,800 and RFP 671 for $145,000 to Sound  Decisions, LLC, with a not-to-exceed contract value totaling  $1,295,800 to be paid using existing capital funds.    CHAIR GRAY-JACKSON again objected for the purpose of discussion.    VICE CHAIR MCCABE said he has experienced some of the problems  resulting from the current audio system, including having to  change rooms mid-committee meeting or canceling a meeting  because the audio wasn't working. He asked Mr. Powers to briefly  explain for the public why the legislature needs to spend this  amount of money.    MR. POWERS explained that audio systems are crucial to the  legislature since the Capital is physically far from many  constituents; the legislature has attempted to "shrink Alaska"  digitally by using technology. The audio systems and  teleconferencing are primarily how Alaskans participate in  committee meetings. When the audio system does not work and  invited testifiers are unable to participate, it is disruptive  to the process. These disruptions and resulting delays are a  frequent occurrence and very problematic. When committees are  discussing matters of importance, technical issues should not  be a factor.    SENATOR BISHOP stated that Representative McCabe raised a good  question. He continued that another factor for consideration is  the dollar amount for the whole legislature to be shut down. The  legislature has 121 days to conduct business and having to cancel  meetings can put essential pieces of legislation in peril.    There was no further discussion. Chair Gray-Jackson removed her  objection and asked for a roll call vote.    2:56:58 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Rauscher,  Saddler, Tilton    NAYS: None    The motion passed 11-0.    VI. COMMITTEE BUSINESS  a. Print Shop Copier Purchase    2:57:57 PM  VICE CHAIR MCCABE moved that Legislative Council authorize the  purchase of a new Print Shop copier in the amount of $90,511.75  from Boynton Office Systems using existing capital funds.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked John Wright, Print Shop Manager, to speak to this item.    JOHN WRIGHT, Manager, Print Shop, LAA, stated that the Agency  would like to replace one of the Print Shop's aging, main  production copiers. The current machine is seven years old and  has over 10.5 million prints on it. He said older machines  typically require more frequent service and experience longer  down times.    Mr. Wright noted that service on the existing Xerox machine has  also been an issue. When the Agency purchased it seven years  ago, local Xerox service technicians were available; however,  beginning about two years ago, Xerox has been unable to retain  a local technician. Currently, service is provided by out-of- state technicians resulting in wait times of up to a month. The  proposed replacement machine is a Canon V900; Canon has local  technicians through Boynton Office Supplies who provide a one- day response time.    REPRESENTATIVE SADDLER asked about the quality of the Canon  copier to ensure the legislature is not losing reliability in  service of cost.    MR. WRIGHT responded that while the Print Shop has not yet had  a Canon, he has worked with Canons in previous jobs and has a  high regard for their products. He said a Canon representative  demonstrated the machine would be very similar to the Xerox  capabilities; in fact, it proved equal in speed and quality. He  said his philosophy is the machine is only as good as the service  provided; service has been lacking from Xerox which is why he  is now considering the Canon.    Mr. Wright, in response to a follow-up question by  Representative Saddler, confirmed that the Canon service  (described as a per-click fee which covers any required  maintenance and parts, as well as toner) and ink cost will be  similar to the Xerox machine.    MR. KESTEL added that the Agency has procured Canon copiers for  use in several other offices. He said that Canon machines are  reliable and the vendor offers great service.    VICE CHAIR MCCABE asked if 10.1 million copies is half-life or  better than half-life for a copier.    MR. WRIGHT said that 10.5 million is common for a copier machine  life span. Machines will still operate at ten to twelve million  prints but require much more frequent service.    There was no further discussion. Chair Gray-Jackson removed her  objection and asked for a roll call vote.    3:04:26 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Rauscher,  Saddler, Tilton    NAYS: None    The motion passed 11-0.    b. Capitol Carpet Replacement    3:05:08 PM  VICE CHAIR MCCABE moved that Legislative Council authorize the  purchase of new carpet for the Capitol in an amount not to exceed  $70,000 from the vendor offering the lowest cost, using existing  capital funds.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked Jessica Geary, Executive Director, to speak to this item.    JESSICA GEARY, Executive Director, LAA, said she was speaking  on behalf of Serge Lesh, Facilities Manager, who is on a much- needed vacation. She stated that the carpet in the Capitol,  specifically on floors one, four, and five, was getting worn and  threadbare in several areas. She said the fourth floor was last  replaced in 2006 and floors one and five in 2007. LAA has patched  and repaired over the years floors one and five; floor four is  the orange floor that was supposed to be red, so many may be  happy see it replaced with blue that matches the other floors.  Currently on floors one and five there is Axminster Crownpoint  Border carpet a photo is included in your packet; under this  proposal, all three floors would have the same carpet.  Initially, the Agency considered just replacing the fifth floor,  however there is a substantial discount when ordering in larger  quantity, and when ordering directly from the carpet  manufacturer Brinton, there is an even larger discount. We  received an initial quote of $65,000 for four rolls of carpet  body and three rolls of carpet border. While procurement is  ongoing, it appears this will be the lowest cost; and pledged  that LAA will ensure the carpet is purchased at the lowest  cost possible.    REPRESENTATIVE SADDLER asked if the carpet was manufactured in  the United States.    MR. KESTEL confirmed the carpet was made in the United States  in both New Jersey and Las Vegas.    SENATOR KIEHL asked if the not-to-exceed amount of $70,000  included installation.    MS. GEARY said installation would be an additional cost; current  quotes to install these three floors would be under $50,000  which is the amount required to take before Council.    VICE CHAIR MCCABE stated that his office is on the first floor,  and he has tripped over carpet tears countless times. He  continued that the Capitol receives many visitors and the  current carpet condition presents a safety hazard. The duct tape  over worn areas is not always effective, nor perhaps appropriate  for the Capitol as representative of the State of Alaska.    MS. GEARY, in response to questions from Speaker Tilton,  confirmed the funding for the carpet would come from existing  capital funds and that there were sufficient existing capital  funds to cover all the projects approved today by  Legislative Council.    There was no further discussion. Chair Gray-Jackson removed her  objection and asked for a roll call vote.    3:10:30 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Rauscher,  Saddler, Tilton    NAYS: None    The motion passed 11-0.    3:11:12 PM  Council took a brief at-ease.      3:11:59 PM  Council returned from brief at-ease.    c. Late Travel Reimbursement Request  3:12:32 PM  CHAIR GRAY-JACKSON stated that according to Legislative  Council Travel and Per Diem Policy, a legislator or  legislative employee must request travel per diem or  reimbursement for actual expenses by submitting a claim to LAA  within sixty days after returning from the trip. She said  Representative Prax traveled on November 29, 2023, and submitted  a Travel Reimbursement Claim Form on May 20, 2024; according to  policy, due to the late request, Legislative Council approval  is required to reimburse.    VICE CHAIR MCCABE moved that Legislative Council approve the  late travel reimbursement request submitted by  Representative Prax.    CHAIR GRAY-JACKSON objected for the purpose of discussion. Ms.  Geary is available to answer questions about the travel  reimbursement policy.    REPRESENTATIVE JOHNSON asked about staff reimbursement and if  they have the same sixty-day requirement.    MS. GEARY stated that is typically only applied to legislators.    REPRESENTATIVE JOHNSON shared that he had a staff member who was  one day late submitting a staff lodging reimbursement claim and  lost $900 worth of housing reimbursement; this person was not  given an option to come before Legislative Council to have it  approved. He said that to be fair, if someone is late, they're  late and if we are going to deny staff, we should also deny  legislators as well.    MS. GEARY said the [Travel and Per Diem] policy applies to  legislators and staff, and the reason she used the term  typically in her earlier response is that staff travel may be  paid from several different funding sources, not all of which  are governed by the Travel and Per Diem Policy. Travel out of  the Allowance Account or travel related to the Lodging Stipend  or Relocation, have different rules applied, so without knowing  the specific facts in this case, she said she couldn't really  comment as this is the first she had heard about it. However,  staff who travel under the Travel and Per Diem policy who turned  in their travel late would have the same ability to appeal to  this committee as a legislator.    REPRESENTATIVE JOHNSON said he believed it was housing as  opposed to travel and wanted to understand the difference  in policy.    MS. GEARY said she would be happy to discuss this further offline  as the Staff Lodging Stipend falls under the Moving and Travel  Policy, which is a different policy with different rules.    There was no further discussion. Chair Gray-Jackson removed her  objection, asked for a roll call vote, and recommended a  yes vote.    3:15:42 PM  YEAS: Senators Bishop, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Johnson, McCabe, Rauscher,  Saddler, Tilton    NAYS: None    The motion passed 11-0.    VII. ADJOURNMENT    CHAIR GRAY-JACKSON, after confirming there were no additional  comments by members, advised that she did not expect to have a  Legislative Council meeting in July. The remaining interim  meetings would likely be August 13 or 14; late September; and  during the week of December 9 through 13. These are all deadline- driven dates for contracts, leases, and RFPs. The Chair thanked  members, LAA staff, and her staff for their contributions.    3:17:34 PM  With no further business before the committee, the meeting was  adjourned at 3:17 pm.