Title 39 — Public Officers and Employees
20 chapters · 458 sections in this title.
AS 39.52.010 Declaration of policy.
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Article 2. Code of Ethics. (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 w…
AS 39.52.110 Scope of code; prohibition of unethical conduct.
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(a) The legislature reaffirms that each public officer holds office as a public trust, and any effort to benefit a personal or financial interest through official action is a violation of that trust. In addition, the legislature finds that, so long as it does not interfere with t…
AS 39.52.120 Misuse of official position.
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(a) A public officer may not use, or attempt to use, an official position for personal gain, and may not intentionally secure or grant unwarranted benefits or treatment for any person. (b) A public officer may not (1) seek other employment or contracts through the use or attempte…
AS 39.52.130 Improper gifts.
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(a) A public officer may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment, promise, or in any other form, that is a benefit to the officer's personal or financial interests…
AS 39.52.140 Improper use or disclosure of information.
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(a) A current or former public officer may not disclose or use information gained in the course of, or by reason of, the officer's official duties that could in any way result in the receipt of any benefit for the officer or an immediate family member, if the information has not …
AS 39.52.150 Improper influence in state grants, contracts, leases, or loans.
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(a) A public officer, or an immediate family member, may not attempt to acquire, receive, apply for, be a party to, or have a personal or financial interest in a state grant, contract, lease, or loan if the public officer may take or withhold official action that affects the awar…
AS 39.52.160 Improper representation.
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(a) A public officer may not represent, advise, or assist a person in any matter pending before the administrative unit that the officer serves, if the representation, advice, or assistance is (1) for compensation, unless the representation, advice, assistance, and compensation a…
AS 39.52.170 Outside employment restricted.
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(a) A public employee may not render services to benefit a personal or financial interest or engage in or accept employment outside the agency which the employee serves, if the outside employment or service is incompatible or in conflict with the proper discharge of official duti…
AS 39.52.180 Restrictions on employment after leaving state service.
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(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 offi…
AS 39.52.190 Aiding a violation prohibited.
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Article 3. Disclosure and Action to Prevent Violations. It is a violation of this chapter for a public officer to knowingly aid another public officer in a violation of this chapter.
AS 39.52.210 Declaration of potential violations by public employees.
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(a) A public employee who is involved in a matter that may result in a violation of AS 39.52.110 — 39.52.190 shall (1) refrain from taking any official action relating to the matter until a determination is made under this section; and (2) immediately disclose the matter in writi…
AS 39.52.220 Declaration of potential violations by members of boards or commissions.
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(a) A member of a board or commission who is involved in a matter that may result in a violation of AS 39.52.110 — 39.52.190 shall disclose the matter on the public record and in writing to the designated supervisor and to the attorney general. The supervisor shall determine whet…
AS 39.52.225 Disclosures in connection with executive clemency.
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Before granting executive clemency to an applicant for executive clemency, the governor shall disclose in writing to the attorney general whether granting the clemency would benefit a personal or financial interest of the governor. The attorney general shall publish a written det…
AS 39.52.230 Reporting of potential violations.
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A person may report to a public officer's designated supervisor, under oath and in writing, a potential violation of AS 39.52.110 — 39.52.190 by the public officer. The supervisor shall provide a copy of the report to the officer who is the subject of the report and to the attorn…
AS 39.52.240 Advisory opinions.
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(a) Upon the written request of a designated supervisor or a board or commission, the attorney general shall issue opinions interpreting this chapter. The requester must supply any additional information requested by the attorney general in order to issue the opinion. Within 60 d…
AS 39.52.250 Advice to former public officers.
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(a) A former public officer may request, in writing, an opinion from the attorney general interpreting this chapter. The attorney general shall give advice in accordance with AS 39.52.240(a) or (b) and publish opinions in accordance with AS 39.52.240(h). (b) A former public offic…
AS 39.52.260 Designated supervisor's report and attorney general review.
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(a) A designated supervisor shall quarterly submit a report to the attorney general which states the facts, circumstances, and disposition of any disclosure made under AS 39.52.210 — 39.52.240. (b) The attorney general shall review determinations reported under this section. The …
AS 39.52.270 Disclosure statements.
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Article 4. Complaints; Hearing Procedures. (a) A public officer required to file a disclosure statement under this chapter shall meet the requirements of this subsection in making the disclosure. When the public officer files a disclosure statement under this chapter, the public …
AS 39.52.310 Complaints.
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(a) The attorney general may initiate a complaint, or elect to treat as a complaint, any matter disclosed under AS 39.52.210, 39.52.220, 39.52.250, or 39.52.260. The attorney general may not, during a campaign period, initiate a complaint concerning the conduct of the governor or…
AS 39.52.320 Dismissal before formal proceedings.
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If, after investigation, it appears that there is no probable cause to believe that a violation of this chapter has occurred, the attorney general shall dismiss the complaint. The attorney general shall communicate disposition of the matter promptly to the complainant under AS 39…
AS 39.52.330 Corrective or preventive action.
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After determining that the conduct of the subject of a complaint does not warrant a hearing under AS 39.52.360, the attorney general shall recommend action to correct or prevent a violation of this chapter. The attorney general shall communicate the recommended action to the comp…
AS 39.52.335 Summary of disposition of complaints and review by personnel board.
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(a) When the attorney general initiates or receives a complaint under AS 39.52.310, the attorney general shall immediately forward a copy of the complaint to the personnel board. (b) Each month, the attorney general shall file a report with the personnel board concerning the stat…
AS 39.52.340 Confidentiality.
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(a) Except as provided in AS 39.52.335, before the initiation of formal proceedings under AS 39.52.350, the complaint and all other documents and information regarding an investigation conducted under this chapter or obtained by the attorney general during the investigation are c…
AS 39.52.350 Probable cause for hearing.
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(a) If the attorney general determines that there is probable cause to believe that a knowing violation of this chapter or a violation that cannot be corrected under AS 39.52.330 has occurred, or that the subject of a complaint failed to comply with a recommendation for correctiv…
AS 39.52.360 Hearings.
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(a) The hearing officer may convene a prehearing conference to set a time and place for the hearing, and for stipulation as to matters of fact and to simplify issues, identify and schedule prehearing matters, and resolve other similar matters before the hearing. (b) The hearing o…
AS 39.52.370 Personnel board action.
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(a) Within 10 days after receipt of the hearing officer's report, either party may protest the officer's findings of fact, conclusions of law, and recommendation, and, if a protest is filed, shall serve a copy on the other party. Oral argument before the personnel board must be p…
AS 39.52.380 Subpoenas.
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(a) As provided in AS 39.52.310(g), 39.52.360(b), and 39.52.370(b), the attorney general, independent counsel retained under AS 39.52.310(c), a hearing officer, the subject of an accusation, and the personnel board may summon witnesses and require the production of records, books…
AS 39.52.390 Service.
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Article 5. Enforcement; Remedies. Service of an accusation must be accomplished in accordance with Rule 4 of the Alaska Rules of Civil Procedure. Service of any other pleading, motion, or other document must be accomplished in accordance with Rule 5 of the Alaska Rules of Civil P…
AS 39.52.410 Violations; penalties for misconduct.
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(a) If the personnel board determines that a public employee has violated this chapter, it (1) shall order the employee to stop engaging in any official action related to the violation; (2) may order divestiture, establishment of a blind trust, restitution, or forfeiture; and (3)…
AS 39.52.420 Disciplinary action for violation.
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(a) In addition to any other cause an agency may have to discipline a public employee, an agency may reprimand, demote, suspend, discharge, or otherwise subject an employee to agency disciplinary action commensurate with the violations of this chapter. This section does not prohi…
AS 39.52.430 Actions voidable.
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(a) In addition to any other penalty provided by law, a state grant, contract, or lease entered into in violation of this chapter is voidable by the state. In a determination under this section of whether to void a grant, contract, or lease, the interests of third parties who cou…
AS 39.52.440 Civil penalties.
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The personnel board may impose on a current or former public officer civil penalties not to exceed $5,000 for a violation of this chapter. A penalty imposed under this section is in addition to and not instead of any other penalty that may be imposed according to law.
AS 39.52.450 Payment of twice the financial benefit.
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The personnel board may, in addition to the civil penalties described in this chapter, require a current or former public officer who has financially benefited a person in violation of this chapter to pay to the state up to twice the amount that the person realized from the viola…
AS 39.52.460 Criminal sanctions additional.
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Article 6. General Provisions. To the extent that violations under this chapter are punishable in a criminal action, that sanction is in addition to the civil remedies set out in this chapter.
AS 39.52.910 Applicability.
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(a) Except as specifically provided, this chapter applies to all public officers within executive-branch agencies, including members of boards or commissions. This chapter does not apply to (1) a former public officer of an executive-branch agency unless a provision specifically …
AS 39.52.920 Agency policies.
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Subject to the review and approval of the attorney general, an agency may adopt a written policy that, in addition to the requirements of this chapter, limits the extent to which a public officer in the agency or an administrative unit of the agency may (1) acquire a personal int…
AS 39.52.930 Cooperation.
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All agencies and instrumentalities of the state shall cooperate fully with the attorney general and the personnel board in the performance of their duties under this chapter.
AS 39.52.940 Construction.
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This chapter shall be construed to promote high standards of ethical conduct in state government.
AS 39.52.950 Regulations.
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The attorney general may adopt regulations under the Administrative Procedure Act necessary to interpret and implement this chapter.
AS 39.52.960 Definitions.
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In this chapter, unless the context requires otherwise, (1) “administrative unit” means a branch, bureau, center, committee, division, fund, office, program, section, or any other subdivision of an agency; (2) “agency” means a department, office of the governor, or entity in the …
AS 39.52.965 Short title.
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This chapter may be cited as the Alaska Executive Branch Ethics Act.