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Alaska State Legislature Standards of Conduct

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Alaska State Legislature Standards of Conduct ALASKA STATE LEGISLATURE 2021 STANDARDS OF CONDUCT HANDBOOK for Legislators and Legislative Employees Revised 2/12/2021 Prepared by the SELECT COMMITTEE ON LEGISLATIVE ETHICS PO Box 90251 Anchorage, AK 99509-0251 (907) 269-0150 FAX: 269-0152 E-Mail: [email protected] Website: http://ethics.akleg.gov STANDARDS OF CONDUCT HANDBOOK for Legislators and Legislative Employees Table of Contents Introduction 1 Purpose of the Handbook .................................................................................................... 1 Disclosures........................................................................................................................... 1 Informal Advice ................................................................................................................... 1 Formal Advice ..................................................................................................................... 2 Website: Additional Information ......................................................................................... 2 Applicability 3 To whom do the rules in the Legislative Ethics Act apply? ................................................ 3 Complaints 5 Who may file a complaint? .................................................................................................. 5 How does one file a complaint? .......................................................................................... 5 Against whom and when may a complaint be filed? ........................................................... 5 Are there restrictions on when a complaint may be filed? .................................................. 5 Would I know if a complaint had been filed against me? ................................................... 5 Standards of Conduct 7 Legislative Findings... ......................................................................................................... 6 Benefit, Anything of Value, Thing of Value: Definition .................................................... 6 Payment for Performing Legislative Duties ........................................................................ 6 Private Benefit: Use of Government Assets ........................................................................ 7 Legislative Newsletters to Constituents: Use of State Resources ....................................... 9 Public Funds........................................... ........................................................................... 10 Employees: Use of Employees for Personal Tasks ........................................................... 11 Campaigning: Use of Government Assets......................................................................... 12 Government Time: Political and Campaign Work ............................................................ 14 Mass Mailings/E-mailings: Use of State Funds ................................................................ 15 Campaign Literature: Distribution in State Buildings ....................................................... 16 Contributions: Coercion .................................................................................................... 16 Restrictions on Actions ...................................................................................................... 18 Boards: Service on State and Private Boards ................................................................... 19 Financial Interest: Restrictions on Voting ......................................................................... 20 Legislative Contact: With Administrative Decision Maker .............................................. 20 Fundraising for Political Campaigns During Session........................................................ 24 Candidacies of Legislative Employees .............................................................................. 25 Whistle Blowers: Protection .............................................................................................. 26 TABLE OF CONTENTS 2021 Page i Open Meetings Law........................................................................................................... 26 Discrimination: Employment ............................................................................................ 28 Contracts, Leases, or Grants .............................................................................................. 29 State Benefit or Loan Programs ......................................................................................... 31 Confidential Information ................................................................................................... 32 Protective Orders…………………… ............................................................................... 33 Close Economic Associations (including spousal or equivalent lobbyists) ...................... 33 Gifts: Compassionate Gift Exemption ............................................................................... 35 Gifts ................................................................................................................................... 36 Gifts from Lobbyists .......................................................................................................... 36 Gifts to Immediate Family Members................................................................................. 37 Exceptions to the $250 Gift Limit ..................................................................................... 37 Common Gift Questions .................................................................................................... 39 Compensation for Services: Earned Income ..................................................................... 41 Honoraria ........................................................................................................................... 42 Nepotism: Employing Relatives ........................................................................................ 42 Representation: Paid Representation Before a State Agency ............................................ 43 Disclosures: Deadlines for Filing Disclosures................................................................... 44 Gifts with a Value of $250 or More .................................................................................. 45 Fines for Late Disclosures ................................................................................................. 45 Select Committee on Legislative Ethics 46 Committee: Political Activity by Public Members, Employees, & Contractors ............... 46 What Does the Ethics Committee Do? .............................................................................. 46 How Does the Ethics Committee Operate? ....................................................................... 47 Informal Advice on Interpreting the Legislative Ethics Act ............................................. 47 Advisory Opinions ............................................................................................................. 47 Complaints Alleging Violations of the Legislative Ethics Act ......................................... 48 Violations of the Legislative Ethics Act: Penalties ........................................................... 51 Annual Legislative Financial Disclosure Statements (LFD) 53 Disclosure to the Alaska Public Offices Commission ....................................................... 53 Filing Deadlines and Penalties .......................................................................................... 53 Reports are Public .............................................................................................................. 54 APPENDICES A. Legislative Ethics Act (AS 24.60) B. Reporting Deadlines and Disclosure forms C. Benefit/Loan Program Disclosures List D. Topical Index of Advisory Opinions 1993-2020 E. Related State Laws TABLE OF CONTENTS 2021 Page ii INTRODUCTION PURPOSE OF THIS HANDBOOK This handbook is intended to be a practical guide to Alaska's Legislative Ethics Act, AS 24.60. The descriptions, questions, answers, and examples in this book are provided as general guidelines to help you follow the law. For specific information, the Ethics Committee recommends consulting both the Ethics Act and this handbook for information and checking for updates either online or by contacting the Ethics Office at 907-269-0150. DISCLOSURES Persons subject to the Ethics Act may be required to file one or more disclosures. Appendix B of this handbook contains a list of disclosure requirements, deadlines, and sample reporting forms. Filing your disclosure online is the easiest way to submit your disclosure. 1. Go to http://intranet.akleg.gov/ and scroll down to “File now” under the “File an Ethics Disclosure” section. 2. Go to the line that begins with “Click HERE.” Double click on the word “HERE.” 3. Enter your credentials (your computer log-in, not your email address). 4. Click on the type of disclosure you want to file. 5. Complete the form using drop down menus when available. (Provide complete information. Gifts of travel are for the purpose of obtaining information about matters of legislative concern. Include a one or two sentence narrative addressing how the information you obtained is a matter of legislative concern.) 6. Check your completed disclosure for accuracy and click “Proceed.” 7. Review your disclosure and if correct, press “Submit.” If you are unable to file your disclosure online, contact the Ethics Office at 907-269-0150.
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