Title 39, Public Officers and Employees

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…

(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…

(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…

(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…

(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…

(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…

(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…

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 Procedure.

(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)…

(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…

(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…

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.

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…

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.

(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 …

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…

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.

This chapter shall be construed to promote high standards of ethical conduct in state government.

The attorney general may adopt regulations under the Administrative Procedure Act necessary to interpret and implement this chapter.

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 …

This chapter may be cited as the Alaska Executive Branch Ethics Act.

(a) The peace officer and firefighter survivors' fund is established in the general fund for the purpose of paying medical insurance premiums for an eligible surviving spouse or dependent child of a peace officer or a firefighter. The department may make premium payments from the…

(a) Annually, not later than December 1, the commissioner shall determine the amount of money sufficient to pay premiums under AS 39.60.030 and the associated administrative costs. (b) The commissioner shall adopt regulations to implement this chapter.

The commissioner may use money in the fund to pay medical insurance premiums for a surviving dependent who is eligible under AS 39.60.040 and to pay the department's costs associated with administering the fund. The state employee survivor account and the municipal employee survi…

(a) A surviving dependent of a deceased peace officer or firefighter may apply to the commissioner for payment of medical insurance premiums for a surviving dependent under AS 39.60.030. Within the first 60 days after the death of the peace officer or firefighter, the surviving d…

(a) A municipality may elect to participate in the fund by entering into an agreement with the commissioner that is consistent with AS 39.60.070. If a municipality elects to participate in the fund, the commissioner shall determine the amount and frequency of the municipality's r…

(a) Notwithstanding AS 39.60.050(c), and subject to AS 39.60.040(b), the commissioner may determine that a surviving dependent of a peace officer or firefighter who was employed by a municipality is eligible for premium payments under AS 39.60.040(a), if the municipality elects t…

An agreement under AS 39.60.050(a) for a municipality to participate in the fund must require that the municipality (1) contribute to the fund as determined by the commissioner under AS 39.60.050(a); (2) is current with contributions required under this section; and (3) complies …

In this chapter, (1) “child” means a biological child, adopted child, or stepchild of an employee; (2) “commissioner” means the commissioner of public safety or the commissioner's designee; (3) “department” means the Department of Public Safety; (4) “dependent” means a surviving …

(a) A public employee may not be dismissed, demoted, suspended, laid off, or otherwise made subject to any disciplinary action for communicating matters of public record or information under AS 40.25.110 and 40.25.120. (b) In this section, “public employee” means any employee rec…

It is unlawful for a person who is the spouse of or is related by blood within and including the second degree of kindred to the executive head of a principal state department or agency to be employed in that department or agency.

(a) A public employer may not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because (1) the employee, or a person acting on behalf of the employee, reports to a pu…

(a) A person is not entitled to the protections under AS 39.90.100 — 39.90.150 unless the person (1) reasonably believes that the information reported is or is about to become a matter of public concern; and (2) reports the information in good faith. (b) A person is entitled to t…

(a) A person who alleges a violation of AS 39.90.100 may bring a civil action and the court may grant appropriate relief, including punitive damages. (b) A person who violates or attempts to violate AS 39.90.100 is also liable for a civil fine of not more than $10,000. The attorn…

A municipality is not required to comply with the provisions of AS 39.90.100 — 39.90.150 if the municipality has adopted an ordinance that provides protections for its employees and other persons that are substantially similar to the protections under AS 39.90.100 — 39.90.150. No…

In AS 39.90.100 — 39.90.150, (1) “employee” or “public employee” means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for a public employer; (2) “employer” or “public employer” includes the state, a p…

AS 39.90.100 — 39.90.150 may be cited as the Alaska Whistleblower Act.

It is the purpose of AS 39.90.200 — 39.90.290 to establish procedures to safeguard the confidentiality of protected federal tax information as required by 26 U.S.C. 6103(p)(4). The procedures established in AS 39.90.200 — 39.90.290 apply to a current or prospective state employee…

(a) In connection with an initial application or as a condition of continued employment in a position with the state for which the job duties include access to federal tax information, an agency shall require a prospective or current employee to provide information for a backgrou…

In AS 39.90.200 — 39.90.290, unless the context otherwise requires, (1) “agency” means a department, the Office of the Governor, or an entity in the executive branch, including the University of Alaska, a public or quasi-public corporation, a board or commission, and the Alaska R…