(SitNews) Anchorage, Alaska - The Alaska House Subcommittee of the Select Committee on Legislative Ethics issued a public decision yesterday regarding a complaint (H 12-07) filed against former Representative Alan Dick, a one-term legislator defeated in the 2012 general election. Dick, a Republican, represented House District 6, in the Fairbanks area.

The complaint contained eight allegations.  The committee dismissed three allegations; two of these alleged campaign materials were stored, distributed or posted in Dick’s Fairbanks legislative office and one alleged he threatened to take legislative action based on a person’s decision to provide or not provide a political contribution or a thing of value.

The committee found Dick in violation of five of the allegations.  

• Violated the restrictions on the use of state resources outlined in AS 24.60.030(a)(2) in that he, his wife and sometimes his son used his Fairbanks legislative office as a residence for approximately one month between mid-October and mid-November 2012 and sporadically during the month of August.  He used state resources not only for his private but for the private benefit of others, that of his wife and son.
• Performed campaign activities out of his legislative office in the two weeks prior to the 2012 General election in violation of the prohibition on using state resources for partisan political activities.
• Violated AS 24.60.030(a)(5), AS 24.60.030(a)(4) and AS 24.60.030(b) in that he authorized the use of government resources for his private benefit and campaigning by requiring one of his legislative employees to prepare material for a chamber of commerce candidate debate on government time with the use of government resources.  Dick stated he was confused as to whether the debate was related to his status as a legislator.  The committee noted legislators are well aware of the difference between a “candidate” debate and an informational forum whereby a legislator is on a panel discussing a current issue or pending legislation.

The committee found numerous violations relating to Dick’s 2012 legislative travel.  He routinely combined legislative travel with campaign activities which is prohibited under the restrictions in AS 24.60.030(a)(2) and (a)(5).  He received $2,518.05 in reimbursement for eight separate expenses from the Legislature while also receiving reimbursement from his District 38 campaign account for similar expenses.  Additionally, the committee found seven separate expenses totaling $981.63 that were reimbursed by the Legislature but not authorized or allowed under the legislature’s travel guidelines.   The committee recommended corrective action.  Dick is required to pay the Legislature $3,499.68 for improperly received benefits.

Dick, a retired teacher, stated to the committee that he was overall remiss and negligent in providing staff oversight when travel reimbursement claims were processed and subsequently submitted to the Legislative Affairs Agency.  He stated he would take responsibility for all errors on his travel claims.  The committee was adamant that a legislator be accountable for ensuring the accuracy of travel reimbursement requests even if staff completes and signs the form.  The committee concluded he seemed to operate under the premise that rules and regulations regarding legislative travel did not apply to him.

The committee stated Dick had a cavalier mindset when it came to conducting the public’s business in a manner that preserved the integrity of the legislative process and avoided conflicts of interest or even appearances of conflicts of interest.  Further, the committee stressed that a legislator’s accountability to constituents and the public is paramount in maintaining public trust and confidence in government.

Under AS 24.60.178(c) the committee also recommended that Dick pay the costs associated with the investigation and adjudication of the complaint which totaled $14,495.35.  Therefore, Dick must reimburse the Legislature a total of $17,995.03 for improperly received benefits and the costs associated with the investigation of the complaint.  The committee determined all payments must be received by September 11, 2014.

Pursuant to AS 24.60.170(g), Dick may comply with this opinion or request a hearing before the committee.  During interviews and committee meetings, he admitted to the allegations.  If Dick fails to comply with the time table stipulated, the committee may formally charge him as provided in AS 24.60.170(g) or may refer the matter to the House of Representatives.  The House of Representatives may take action to enforce the corrective action or may decline to take action and refer the matter to the committee.  In either case, the committee may formally charge former Representative Dick under AS 24.60.170(h).

Edited by Mary Kauffman, SitNews

On the Web:

View Complaint Decision H 12-07 at: http://ethics.akleg.gov/documents/decisions/H%2012-07%20DECISION.pdf

Source of News: 

Select Committee on Legislative Ethics
http://ethics.akleg.gov

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