Title 39 — Public Officers and Employees
20 chapters · 458 sections in this title.
AS 39.05.010 Employment of persons not citizens prohibited. [Repealed, § 29 ch 208 SLA 1975.]
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[Repealed or reserved.]
AS 39.05.020 Appointment of department heads.
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The governor shall appoint the head of each principal executive department in the state government. Each appointment is subject to confirmation by a majority of the members of the legislature in joint session.
AS 39.05.030 Service at governor's pleasure.
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Each principal executive officer serves at the pleasure of the governor.
AS 39.05.035 Commission of office.
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After each appointment of a state officer, the governor shall execute a commission, which states that the person to whom it is issued is appointed and sets out the office to and the term for which the officer is appointed. The attorney general shall prescribe the form of the comm…
AS 39.05.040 Oaths for executive officers, boards.
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The principal executive officer of each department and the member of each board within the state government shall take, sign, and file the oath of office required by the constitution before entering upon the duties of office.
AS 39.05.045 Oaths for other employees.
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A public officer or employee of the state, before entering upon the duties of office, shall take and sign the following oath or affirmation: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of …
AS 39.05.050 Surety bonds.
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The principal executive officer of each department and subordinate officials shall furnish corporate surety bonds in the instance and amount required by law or determined by the governor upon recommendation of the commissioner of administration. The state shall pay the cost of th…
AS 39.05.053 Terms of office.
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The term of office of a position or membership ends on March 1 of the year when the position's or membership's term expires except as otherwise provided in a law relating to positions or memberships on a specific board or commission.
AS 39.05.055 Staggered initial terms.
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The terms of the initially appointed members of a board, commission, council, or other multi-member body that will have a continuing existence shall be set by the governor as follows: (1) in the case of three-member boards, for one, two, and three years; (2) in the case of four-m…
AS 39.05.060 Appointment, qualifications, and terms of office of members of departmental boards, councils, or commissions.
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(a) Each member of the following shall be a citizen of the United States: (1) Local Boundary Commission; (2) Alcoholic Beverage Control Board. (b) The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge and ability in the field …
AS 39.05.065 Qualifications of members of the Board of Education and Early Development.
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(a) Each member of the Board of Education and Early Development shall be a citizen of the United States and have been a resident of Alaska for at least three years. (b) A member of the Board of Education and Early Development may also be a member of a district school board.
AS 39.05.070 Purpose of AS 39.05.070 — 39.05.200.
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It is the purpose of AS 39.05.070 — 39.05.200 to provide procedural uniformity in the exercise of appointive powers conferred by the legislature to eliminate, insofar as possible, recess or interim appointments except in the event of death, resignation, inability to act, or other…
AS 39.05.080 Procedure for all appointments.
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Except as otherwise provided in a law relating to the positions or memberships on a specific board or commission, appointment to a position or membership shall be made in the following manner: (1) Each governor shall present to the legislature the names of the persons appointed b…
AS 39.05.090 Time limits in AS 39.05.080.
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The time limitations concerning the submission and resubmission of names as prescribed in AS 39.05.080 do not apply to those appointments that by law require recommendations by professional groups.
AS 39.05.100 Qualifications for appointment.
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(a) A person appointed to a board or commission of the state government shall be and have been before the last general election, (1) a registered voter in the state, if the appointment is made at large or (2) a registered voter from the judicial district, if the appointment is ma…
AS 39.05.110 [Renumbered as AS 39.05.200.]
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[Repealed or reserved.]
AS 39.05.120 [Renumbered as AS 39.05.035.]
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[Repealed or reserved.]
AS 39.05.130 [Renumbered as AS 39.05.045.]
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[Repealed or reserved.]
AS 39.05.150 Information not to be requested of or volunteered by applicant for state employment. [Repealed, § 2 ch 237 SLA 1970.]
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[Repealed or reserved.]
AS 39.05.200 Definitions.
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In this chapter, (1) “confirmation” means confirmation or approval by the legislature of a name submitted for appointment to a position or membership; (2) “position or membership” means an executive position or membership on a state board, commission, authority, council, or commi…
AS 39.10.010 [Renumbered as AS 39.90.020.]
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[Repealed or reserved.]
AS 39.15.010 Form, amount, and conditions.
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The official bond of an officer or employee of the state required by statute or regulation under authority of law shall be in a form joint and several, and made payable to the state in the penal sum and with the conditions required by law.
AS 39.15.020 Obligation and effect.
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Bonds of state officers and employees are in force and obligatory upon the principal and sureties for breach of the condition of the bond committed during the time the officer or employee discharges the duties of or holds the office or appointment. Each bond is considered in forc…
AS 39.15.030 Action on bond.
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An official bond executed by a state officer or employee is in force and obligatory upon the principal and sureties to and for the state, and for the use and benefit of all persons injured or aggrieved by the wrongful act or default of the officer or employee in the official capa…
AS 39.15.040 Recovery on defective bond.
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If a bond does not contain the matter or condition required by law, or there is a defect in the approval or filing of the bond, the bond is not void and the obligor and the obligor's sureties are bound to the state or party interested, and the state or party may, by action instit…
AS 39.15.050 Procedure when bond becomes insufficient.
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(a) If a surety on the bond dies, removes from the state, becomes insolvent or insufficient, or the penalty of the bond becomes insufficient, the Department of Administration shall, on its own motion or on the showing of a person supported by an affidavit, summon the officer or e…
AS 39.15.060 Number of sureties.
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Unless expressly provided otherwise, each official bond shall have at least two individual sureties or one corporate surety.
AS 39.15.070 Justification of sureties.
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The officer charged with the duty of approving official bonds of officers and employees may not approve a bond unless the surety on the bond is a surety company qualified to do business in the state, or unless each individual surety justifies before an officer authorized to admin…
AS 39.15.080 Release of sureties.
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A surety on an official bond may be released from liability accruing after proceedings are taken under AS 39.15.090.
AS 39.15.090 Proceedings for release of sureties.
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A surety desiring to be released from liability on a bond shall file with the Department of Administration a statement in writing, signed by the surety or someone on the surety's behalf, setting out the name of the principal and the office, position, or appointment of the princip…
AS 39.15.100 Failure to file new bond.
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(a) If a state officer or employee fails to file a new bond within 15 days from the date of personal service or within 30 days from the date of the first insertion of a publication, the office becomes vacant and the officer or employee forfeits the office. (b) The office shall be…
AS 39.20.010 Annual salary of governor.
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(a) The annual salary of the governor shall be in accordance with AS 39.23. (b) [Repealed, § 7 ch 53 SLA 2005.] (c) [Repealed, § 7 ch 53 SLA 2005.]
AS 39.20.020 Date of entitlement of governor's salary.
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The governor is entitled to receive the salary established for the office effective from the date on which the oath of office is taken by the governor.
AS 39.20.030 Annual salary of lieutenant governor.
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(a) The annual salary of the lieutenant governor shall be in accordance with AS 39.23. (b) [Repealed, § 7 ch 53 SLA 2005.] (c) [Repealed, § 7 ch 53 SLA 2005.]
AS 39.20.040 Date of entitlement of lieutenant governor's salary.
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The lieutenant governor is entitled to receive the salary established for the office effective from the date on which the oath of office is taken by the lieutenant governor.
AS 39.20.050 Exclusive compensation.
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The compensation fixed by law for the governor and lieutenant governor is in full for all services rendered by each of them in any official capacity or employment whatsoever during their respective terms of office, and shall be paid throughout their respective terms of office unl…
AS 39.20.060 Exclusion of governor and lieutenant governor from personnel laws.
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Notwithstanding the provisions of any other law, the governor and lieutenant governor are not considered employees of the state for the purpose of state personnel laws relating to hours of employment, annual leave, sick leave, overtime, compensatory time, and travel allowances. T…
AS 39.20.070 Subsequent legislation relating to AS 39.20.050 and 39.20.060.
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AS 39.20.050 and 39.20.060 are not superseded or modified by any subsequent legislation except to the extent that the legislation does so expressly.
AS 39.20.080 Salary of executive department head and deputy.
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(a) The monthly salary of the head of each principal executive department of the state shall be in accordance with AS 39.23. (b) The monthly salary of a deputy head of a principal executive department of the state is equal to a step in Range 28 of the salary schedule in AS 39.27.…
AS 39.20.090 Salaries and expenses.
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The salaries and expenses of officers, boards, commissions, and bureaus established by the laws of the state shall be paid from appropriations made for that purpose, as other expenses of the state are paid.
AS 39.20.100 Fees, mileage or compensation. [Repealed, § 75 ch 59 SLA 1982.]
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Article 2. Travel Regulations.
AS 39.20.110 Per diem allowance.
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Officials and employees of the state agencies, while traveling on official business and away from their designated post of duty, shall be allowed, instead of their actual expenses for subsistence and all fees or tips, a per diem allowance to be prescribed by the commissioner of a…
AS 39.20.120 Allowable expenses.
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Except as provided in AS 39.20.110 — 39.20.170, only actual and necessary traveling expenses shall be allowed to an official or employee.
AS 39.20.130 Mileage allowance.
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Officials and employees of state agencies shall, under regulations adopted by the commissioner of administration, and whenever the mode of transportation is authorized or approved as more advantageous to the state, be paid an amount, instead of actual expenses of transportation, …
AS 39.20.140 Travel costs and travel outside the state.
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(a) The Department of Administration may not pay an official or employee for per diem or transportation costs unless the travel is clearly necessary to benefit the state. (b) The Department of Administration may not reimburse an official or employee or pay for more than the lowes…
AS 39.20.150 Advances and recovery.
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(a) An agency may advance, through proper disbursing methods, to a person entitled to per diem or mileage allowance under AS 39.20.110 — 39.20.170 the sums considered advisable considering the character and probable duration of the travel to be performed. (b) Sums advanced and no…
AS 39.20.160 Regulations.
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The fixing and payment under AS 39.20.110 — 39.20.170 of travel and per diem allowances and of advances and recovery and reimbursement of travel expenses shall be in accordance with regulations adopted by the commissioner of administration. The regulations shall be uniform for al…
AS 39.20.170 Construction of AS 39.20.110 — 39.20.170.
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AS 39.20.110 — 39.20.170 may not be construed to modify or repeal a law providing for the travel expenses of the governor, or members of the legislature, or members of boards or commissions of the state government.
AS 39.20.180 Transportation and per diem expenses for members of boards, commissions, etc.
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Except as otherwise provided by law, the provisions in this section relating to per diem and transportation govern exclusively with respect to a member of a state board, commission, committee, judicial council, or other similar body of persons of the state organized or establishe…
AS 39.20.185 Per diem prohibited in community of residence.
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A state official or employee who is a member of the judicial council or a state official or employee appointed by the governor to a state board, commission, or committee established under the authority of law is not entitled to per diem when the meeting or other business takes pl…