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March 8, 2021 Attorney General Office 1031 W. 4Th March 8, 2021 Attorney General Office 1031 W. 4th Avenue, Suite 200 Anchorage, AK 99501-1994 Dear acting Attorney General Taylor, The Alaska Public Interest Research Group (AKPIRG) respectfully requests the consideration of violations by Governor Dunleavy and former chief of staff Ben Stevens of the Alaska Executive Branch Ethics Act, AS 39.52.180: Restriction on employment after leaving state service. AKPIRG requests the commencement of an ethics investigation into the actions and chain of events that surround the absence of a written waiver submission by Gov. Dunleavy to the attorney general with regards to the departure of Mr. Stevens from the Office of the Governor into his new role at ConocoPhillips Alaska as Vice President of external affairs and transportation which, according to ConocoPhillips Alaska spokeswoman Natalie Lowman, includes government relations. (See Page 21) Ethics violations include failure by Gov. Dunleavy and Mr. Stevens to submit a copy of a written waiver to the attorney general in order to obtain approval or disapproval, as required by AS 39.52.180 (c), along with the Governor and Mr. Stevens’ actions to circumvent the statutory process, set by Alaska laws, to impose necessary restrictions on Mr. Stevens’ employment activities after his tenure in the Office of the Governor in a policy-making position, pursuant to AS 39.52.181(a), (d), and (e), to avoid conflicts of interest for up to two years after leaving state service and to prevent corruption. The Alaska Executive Branch Ethics Act, Sec. 39.52.010. Declaration of policy states: (a) It is declared that (1) high moral and ethical standards among public officers in the executive branch are essential to assure the trust, respect, and confidence of the people of this state; (2) a code of ethics for the guidance of public officers will (A) discourage those officers from acting upon personal or financial interests in the performance of their public responsibilities; (B) improve standards of public service; and (C) promote and strengthen the faith and confidence of the people of this state in their public officers; (3) holding public office or employment is a public trust and that as one safeguard of that trust, the people require public officers to adhere to a code of ethics; (4) a fair and open government requires that executive branch public officers conduct the public's business in a manner that preserves the integrity of the governmental process and avoids conflicts of interest; (5) in order for the rules governing conduct to be respected both during and after leaving public service, the code of ethics must be administered fairly without bias or favoritism; … Page 1 Sec. 39.52.180. Restrictions on employment after leaving state service states: (a) A public officer who leaves state service may not, for two years after leaving state service, represent, advise, or assist a person for compensation regarding a matter that was under consideration by the administrative unit served by that public officer, and in which the officer participated personally and substantially through the exercise of official action. For the purposes of this subsection, "matter" includes a case, proceeding, application, contract, determination, proposal or consideration of a legislative bill, a resolution, a constitutional amendment, or other legislative measure, or proposal, consideration, or adoption of an administrative regulation. (c) The head of an agency may waive application of (a) of this section after determining that representation by a former public officer is not adverse to the public interest. The waiver must be in writing and a copy of the waiver must be provided to the attorney general for approval or disapproval. (d) An individual who formerly held a position listed in this subsection may not engage in activity as a lobbyist under AS 24.45 for a period of one year after leaving that position. This subsection does not prohibit service as a volunteer lobbyist described in AS 24.45.161(a)(1) or a representational lobbyist as defined under regulations of the Alaska Public Offices Commission. This subsection applies to the position of (1) governor; (2) lieutenant governor; (3) head or deputy head of a principal department in the executive branch; (4) director of a division or legislative liaison within a principal department in the executive branch; (5) legislative liaison, administrative assistant or other employee of the Office of the Governor or Office of the Lieutenant Governor in a policy-making position; (6) member of a state board or commission that has the authority to adopt regulations, other than a board or commission named in AS 08.01.010; (7) member of a governing board and executive officer of a state public corporation. (e) A former head of a principal department in the executive branch may not, for a period of one year after leaving service as the head of that department, serve on the governing board of a company, organization, or other entity that was regulated by that department or with which the former department head worked as part of an official duty as the department head. A former employee of the Office of the Governor in a policy-making position may not, for a period of one year after leaving employment in that office, serve on the governing board of a company, organization, or other entity with which the former employee worked as part of an official duty for the Office of the Governor. (f) In this section, “employee of the Office of the Governor in a policy-making position” means a person who is an employee required, because of the person’s position in the Office of the Governor, to file a statement under AS 39.50.020. Page 2 AKPIRG files this ethics complaint because we learned on Friday, March 5, 2021, in response to an information request dated Feb. 24, 2021 (See Page 9), that a copy of a written waiver had not been submitted to the attorney general by Governor Dunleavy or Ben Stevens for approval or disapproval, as mandated by Sec. 39.52.181(c). It follows that a written waiver, as mandated by Sec. 39.52.180(c), was not approved or disapproved by the attorney general, and restrictions were not imposed, according to Sec. 39.52.181(a), (d), and (e). (See Page 6) “Based on oral conversations with Mr. Stevens, we understand he will have a variety of responsibilities in his new job, and those responsibilities do not include working for Conoco Phillips as a lobbyist. This is in compliance with the Alaska Executive Branch Ethics Act’s one-year limitation on serving as a state lobbyist. See AS 39.52.180(d). Furthermore, based on oral conversations with Mr. Stevens, we understand that he will not be working on any matters in which he participated personally and substantially through the exercise of official action while serving as Chief of Staff: i.e., he will not be in violation of AS 39.52.180(a). Thus, Mr. Stevens is fully aware of his responsibilities under the Ethics Act and has been working (again, through oral discussions) with the Department of Law to ensure an ethical transition to his new role. In the future, if a question arises regarding the need for a waiver, the Governor and the Attorney General will consider it at that time.” Gov. Dunleavy or Ben Stevens had ample time to submit a copy of a written waiver for Ben Stevens’ new role as Vice President of external affairs and transportation, which includes government relations duties, among others. On Wednesday, Feb. 24, 2021, the governor’s office released a congratulatory press release about Mr. Stevens’ new job. (See Page 19) On the same day, Feb. 24, 2021, an Anchorage Daily News article titled Dunleavy Chief of Staff Ben Stevens to leave for VP job at ConocoPhillips Alaska includes ConocoPhillips Alaska spokeswoman Natalie Lowman. Ms. Lowman stated that Mr. Stevens’ duties will include “government relations” as part of his responsibilities, among others such as the management of ConocoPhillips Alaska’s pipeline business, including its interests in the trans-Alaska pipeline. (See Page 21) https://www.adn.com/politics/2021/02/24/dunleavy-chief-of-staff-ben-stevens-quits-will-join-conocophillips/ Also on Thursday, Feb. 24, 2021, AKPIRG emailed you and asked if a written waiver was received from the governor’s office with regards to Ben Stevens. The response follows: (See Page 9) “Mr. Stevens has not yet left state service, and any analysis and final determination on this issue has yet to be made. If any determination is warranted under AS 39.52.180, it will be a public document.” On Sunday, Feb. 28, 2021, Mr. Stevens terminated his role as the governor’s chief of staff and immediately started his job as Vice President of external affairs and transportation, (including government relations as Page 3 mentioned by ConocoPhillips Alaska spokeswoman Natalie Lowman), at ConocoPhillips Alaska, in Anchorage on Monday, March 1, 2021 – the very next day. Mr. Stevens was an employee of the Office of the Governor as the governor’s chief of staff. In his role as chief of staff, Mr. Stevens was involved in numerous cases, proceedings, applications, contracts, determinations, proposals and countless considerations of legislative bills, resolutions, constitutional amendments, and other legislative measures, proposals, considerations, adoptions of administrative regulations. Hence, AS 39.52.180(a) applies to him. Ostensibly, he made policy-making decisions and has also filed public official financial statements to the Alaska Public Offices Commission (See pages 10-18) as required by AS. 39.50.020 in 2019 and 2020. Therefore, AS 39.52.180(f) applies to Mr. Stevens as well.
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