Ethics Training Session

We did three and a half hours Friday going over the ethics standards.  This is territory I know pretty well, in general, but I don’t know the details of the State Law, so this was useful.  

Joyce Anderson, the Administrator of the Legislative Ethics Committee, went through a long Powerpoint and fortunately we all got copies so I can go back and remember what was said.  We also got copies of the Standards of Conduct Handbook (pdf). A key point early on, from the slides,  was:

Two aspects to being ETHICAL
Knowing right from wrong
Having the moral willpower to do what’s right (discipline)

So yesterday’s session was designed to help us know right from wrong.  There seemed to be five key areas though considerable time was spent on gifts. 

1. Gifts
1. No gifts over $250 from anyone.
2. No gifts from lobbyists.  Period.
2. Separating Political and Personal Activity from Legislative Activity Paid for by the State 
1. Don’t do Legislator’s personal chores while on the Legislative payroll
2. Don’t do any campaign related work while on the legislative payroll
3. Constituent Services
   
1. Legislators and staff may help constituents determine how to get through the state system, but may not advocate for constituents dealing with state officials
4. Potential conflicts of interest must be Disclosed
5. Other  
1. Legislator or legislative employee may not disclose information deemed confidential by statute.
2. Legislative Employees may not file a letter of intent or declaration of candidacy to become a state or national candidate
3. Legislator or legislative employee may not request or accept compensation greater than the value of the services performed. (To prevent companies from ‘hiring’ legislators in the interim as a form of ‘gift’ rather than serious employment.)
   

I think that those are the basic areas.  But the handbook in the picture is 121 pages long because there are lots of exceptions, gray areas, and examples.  Here's a little more on some of those categories.



Gifts

The $250 limit is cumulative from any one person or entity, but there is no limit on how many people a staffer could get up to $250 worth of gifts from.  This includes everything from Money, Loans, Services (Cleaning, child care, legal advice, etc.), Entertainment, Hospitality (stay at a home, room at a hotel), things (flowers, clothes, etc.), Promise or Other Form.  (Promise of payment whether it's carried out or not.)

Also, there’s a distinction between gifts connected to one’s legislative status and gifts NOT related.  But this too can become complicated if a person is both a good friend or relative and also has business affected by the legislature. 


With lobbyists, there are a couple of exceptions on the no gift policy. 
First the basic rule:

Gifts from a registered lobbyist OR immediate family OR a person acting on behalf of a lobbyist are prohibited.

Exceptions:

1. Food and drink (for immediate consumption)
1. Lobbyist must report to APOC if the value of food and beverage exceeds $15
2. Gifts from an Immediate Family Member (spouse or domestic partner; OR parent, child or sibling under certain circumstances (this means the lobbyist is the immediate family member)
3. Contributions on behalf of a charity or charity event
4. Contributions to a charity
5. Compassionate gift

Let’s clarify.  A lobbyist can take a legislator or legislative staff member out to eat, but only up to $15.  If over $15 it has to be reported.  This includes not just the legislator or staff member, but also their the spouse or domestic partner.

However, “If the food and beverage is provided as part of an event open to all legislators or employees, no disclosure is required.” (Handbook, p. 29)

Charity events are also a big thing in Juneau apparently and it is okay for a lobbyist to buy a ticket to a charity dinner and give the ticket to a legislator or legislative employee.  There is a limit of $250 per lobbyist per legislator per year for charity events. So, if there were a Haiti Rescue Chairty Dinner next week, a lobbyist could buy and give five $50 tickets to Rep. G for him and his staff and wife  to go.  BUT, the Alaska Legislative Council must approve the charity event in advance.

A compassionate gift is when there is a health-related emergency, catastrophe, or tragedy.  To qualify it must have prior written approval from the chair of the Legislative Council and Ethics Committee and some other requirements.  Flowers, fruit baskets, etc. do not require pre-approval. 


Separating Legislative and Personal Status is intended, in the case of staff, to keep the staff from doing the legislator’s personal chores while on the state budget.  The only things staff are allowed to do while being paid by the State are activities that are legislative functions.  The Powerpoint slides tell us, however,

"There is no definition of 'legislative purpose' in the Legislative Ethics Act"

And sometimes the line is blurred.  An example from the handbook (page 10):

Q:  May a legislator or legislative employee ask or allow staff to pick up a clean shirt at the dry cleaners if the legislator or employee just spilled ink on the shirt being worn and must soon attend a meeting?
A:  Yes, this falls within the infrequent and unusual situation rule. 

Staff are not allowed to schedule non-legislative events on the legislator’s calendar, however, they are allowed to record such events, made by the legislator, on the calendar to avoid double booking the legislator.  There's an attempt, in these examples, to have rules but recognize that there are times when it's reasonable to make adjustments.

Also in this category is separating legislative and campaign functions.  So there are strict rules against using State funded legislative newsletters to campaign.  Factors for evaluating if something is allowed include:  Timing (how close it is to the election); Content (is it legislative or candidate info?); and Audience.  But mentioning anything about one’s campaign is prohibited.  Newsletters are not allowed 60 days before an election unless there is prior approval. 

Legislators are not allowed to do any campaigning from the office.  However, if someone calls and asks a campaign question, the staffer doesn't have to just hang up.  The staffer can  refer the caller to a campaign phone number or website.  This same ‘receptive’ rule is in effect if, say, the doctor's office called to change an appointment.  A staffer could check the schedule and change the appointment time. 

Constituent issues.  Legislators and their staff are allowed to assist their constituents with problems with State agencies - say an issue over their Permanent Fund Check.  The assistance is restricted to helping the constituent determine the right office to contact, understand the procedure, etc.  The legislator or staff is NOT to take the role of advocate or tell the State agency personnel how to resolve the problem. 

Disclosure.  There are situations when legislators and staffers must file official disclosures.

Gifts

1. If Legislative related
1. aggregate total under $250 from same person/entity in a calendar year, NO disclosure required. 
2. aggregate total over $250 from same person/entity in a calendar year (some are permitted)  disclosure required.
2. If Non-Legislative related 
1. - over $250 is required and disclosure may be required

Other required disclosures:

1. Membership on a Board of Directors
2. State Benefit and Loan Programs
1. there’s a long list of programs (from the Violent Crimes Compensation Board and Right of Way Easement to the Agricultural Revolving Loan Fund)
2. -State Contracts and Grants, if annual value is $5000 or more 
3. Close Economic Association
1. If there is a financial relationships between legislators, legislative employees, public officials (as defined in Statute) and registered lobbyists
2. These might include any business or employment or even rental agreements
4. Financial agreement to represent a client before a state agency, board or commission

The group that interprets the law is the Select Committee on Legislative Ethics composed of

Public Members - Dennis ‘Skip’ Cook (Fairbanks);  H. Conner Thomas (Nome), Gary J. Turner (Chair)(Soldotna); Ann Rabinowitz (Anchorage); Herman G. Walker Jr.  (Anchorage)

Legislative Members - Senator Gary Stevens (Alt Senator Joe Thomas);  Senator Tom Wagoner (alt Senator Bill Wielechowski);  Vacant (Rep. John Coghill moved to the Senate) (Alt.  Rep. Carl Gatto);  Rep. Berta Gardner (Alt. Rep. Les Gara)

I don't recall hearing what the penalties are for violations.  I guess I should look that up.

This is a lot to swallow in three and a half hours.  Just to write this post, I had to go back through my notes and the handbook carefully to be sure I had it right. And I don't guarantee that it is all correct.  But it gives a sense of what all is involved.

That was just the morning session on Friday.  But I'll stop here and try to cover the other afternoon later.

Meanwhile, rain and wind are quickly getting rid of the snow.  I've had a hard time getting to good wifi spots, plus there's just been a lot to do. And the ferry from Whittier arrived this morning carrying lots of legislators and staff members and their cars.  Monday is Martin Luther King's Birthday Holiday, so the session begins on Tuesday.  But things are starting to happen.  We spent part of today unpacking the boxes that arrived from the Anchorage office.