HB 201 — An Act relating to legal representation of public officers in ethics complaints.

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"An Act relating to legal representation of public officers in ethics complaints." CS FOR HOUSE BILL NO.

201(JUD)201 01 "An Act relating to legal representation of public officers in ethics complaints." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

RepresentationReimbursement of publiclegal officers.expenses;

Therepresentation Department of Law,public 05 includingofficers. the attorney general, may not represent or advise the governor, the lieutenant 06 governor, or another public officer or former public officer in a matter in which that 07 public officer or former public officer is the subject of a complaint filed under this 08 chapter.

(a) Notwithstanding AS 39.52.110(a), 39.52.120(a), 39.52.130(a), and 06 39.52.150(a), a public officer or former public officer who is the subject of a 07 complaint filed under this chapter may request and accept from an agency 08 reimbursement of reasonable legal expenses that the officer incurs to defend against 09 the complaint.

A public officer or former public officer who accepts reimbursement 10 under this section shall promptly repay all money received if the officer is not 11 exonerated of all violations of this chapter alleged in the complaint.

12 (b) When authorizing reimbursement under this section before a complaint is 13 resolved, the reimbursing agency shall execute a written agreement requiring the 14 public officer or former public officer who is the subject of the complaint to promptly 15 repay all money received if the officer is not exonerated of all violations of this chapter alleged in the complaint.

02 (c) Notwithstanding AS 39.52.120(a) and (b)(3), a public officer who is 03 authorized by an agency to approve reimbursement of reasonable legal expenses by 04 that agency under this section may approve the reimbursement of the expenses of 05 another public officer or a former public officer.

06 (d) Except for reimbursement of reasonable legal expenses under this section, 07 the Department of Law, including the attorney general, may not represent, advise, or 08 assist the governor, lieutenant governor, or another public officer or former public 09 officer in a matter in which that public officer or former public officer is the subject of 10 a complaint filed under this chapter.

11 (e) In this section, 12 (1) "exonerated" means dismissed under AS 39.52.310(d), 39.52.320, 13 or 39.52.370(d), dismissed after an appeal taken under AS 39.52.370(f), or 14 recommended for preventive action under AS 39.52.330;

"exonerated" does not 15 include dismissed or resolved with corrective action under AS 39.52.330;

16 (2) "reasonable legal expenses" means costs for professional services 17 customarily performed by an attorney or delegated by an attorney for performance by 18 an investigator, paralegal, or law clerk that, when based on the complexity of the 19 matter, the amount of work performed, the number of hours worked, the rates or fees 20 customarily charged in the state for similar professional services, and the potential 21 harm to the public officer or the former public officer from allegations in the 22 complaint, were necessarily incurred.

23 * Sec.

2.

The uncodified law of the State of Alaska is amended by adding a new section to 24 read:

25 APPLICABILITY.

AS 39.52.165, enacted by sec.

1 of this Act, applies to requests for 26 reimbursement made on or after the effective date of this Act and to contracts that take effect 27 on or after the effective date of this Act.