Alaska Administrative Code
Title 9 - Law
Chapter 52 - Executive Branch Code of Ethics
9 AAC 52.040 - Unwarranted benefits or treatment
Universal Citation: 9 AK Admin Code 9 AAC 52.040
Current through February 27, 2024
(a) As used in AS 39.52.120(a), "unwarranted benefits or treatment" includes
(1) a
deviation from normal procedures for the award of a benefit, regardless of
whether the procedures were established formally or informally, if the
deviation is based on the improper motivation; and
(2) an award of a benefit if the person
receiving the benefit was substantially less qualified, in light of the formal
or informal standards set out for the award, than another person who was or
reasonably should have been considered for the award if the award is based on
an improper motivation.
(b) A public officer may not grant or secure an unwarranted benefit or treatment, regardless of whether the result is in the best interest of the state.
(c) Subject to the requirements of AS 39.52.110, 39.52.120, 39.52.150, and AS 39.90.020, neither the Ethics Act nor this chapter prohibits a public officer from
(1)
considering a person who has a relationship with an officer for a state
contract or job if the person is considered on an equal basis with other
applicants; or
(2) considering an
individual's political affiliation or political support in determining whether
to appoint the individual to a state board or commission or to hire the
individual for an exempt or partially exempt state job.
(2) considering an individual's political
affiliation or political support in determining whether to appoint the
individual to a state board or commission or to hire the individual for an
exempt or partially exempt state job.
(3) accepting money to reimburse the public
officer for reasonable expenses incurred for professional legal services to
defend against a complaint brought under
AS
39.52.310-39.52.390, if
(A) the public officer is exonerated of a
violation of the Ethics Act for which payment is made;
(B) the complaint concerns conduct that
occurred during the public officer's employment or service as a public
officer;
(C) the public officer
executes a written agreement to repay any money requested and paid in advance
of exoneration if the public officer is not exonerated of the violation;
and
(D) the public officer repays
any money paid in advance if the public officer is not exonerated of the
violation; or
(4)
approving money to reimburse another public officer for reasonable expenses
incurred for professional legal services to defend against a complaint brought
under AS
39.52.310-39.52.390, entering into an
agreement to pay those expenses on behalf of another public officer, or
authorizing payment to secure those professional legal services on behalf of
another public officer, if
(A) the complaint
concerns conduct that occurred during the public officer's employment or
service as a public officer;
(B)
the payment is made by a state agency that has money appropriated that may be
lawfully used for the purpose of paying the expenses; and
(C) the public officer whose expenses are
paid
(i) has been exonerated of a violation of
the Ethics Act for which payment is made; or
(ii) has executed a written agreement to
repay any money paid in advance of exoneration, if the public officer is not
exonerated of the violation.
(d) For purposes of (c)(3) and (4) of this section,
(1) exoneration of a violation of the
Ethics Act
(A) occurs when an allegation in a
complaint brought against a public officer under
AS
39.52.310-39.52.390 is
(i) dismissed under
AS
39.52.310(d),
39.52.320, or
39.52.370(d);
(ii) resolved with only preventive action
recommended under
AS
39.52.330 to avoid a potential violation;
or
(iii) dismissed after appeal
under AS
39.52.370(f); and
(B) does not include the dismissal
or resolution of an allegation in a complaint when corrective action is
required under
AS
39.52.330;
(2) expenses are reasonable if, based on an
evaluation of the complexity of the alleged claim, the attorney's fee or hourly
rate, the hours expended, the relationship between the amount of work performed
and the significance of the alleged claim, and other relevant factors, the
expenses were necessarily incurred to defend against an allegation in a
complaint brought under
AS
39.52.310-39.52.390; those expenses may
(A) include attorney's fees, fees incurred
for professional legal services customarily performed by an attorney but
delegated to and performed by an investigator, paralegal, or law clerk, and
related costs; and
(B) be
apportioned by alleged violation if a complaint alleges more than one
violation, but only if the public officer provides clear documentation that the
expenses paid were limited to the alleged violation for which the public
officer is exonerated; and
(3) payment under this section may be made to
or on behalf of a current public officer or a former public officer who was the
subject of a pending complaint when the officer left state service or becomes
the subject of a complaint after leaving state service.
Authority:AS 39.52.120
AS 39.52.950
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