- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 52. Alaska Executive Branch Ethics Act
- Section 120. Misuse of Official Position.
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AS 39.52.120. Misuse of Official Position.
- (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 attempted use of official position;
- (2) accept, receive, or solicit compensation for the performance of official duties or responsibilities from a person
other than the state;
- (3) use state time, property, equipment, or other facilities to benefit personal or financial interests;
- (4) take or withhold official action in order to affect a matter in which the public officer has a personal or financial
- (5) attempt to benefit a personal or financial interest through coercion of a subordinate or require another public
officer to perform services for the private benefit of the public officer at any time; or
- (6) use or authorize the use of state funds, facilities, equipment, services, or another government asset or resource for
partisan political purposes; this paragraph does not prohibit use of the governor's residence for meetings to discuss
political strategy and does not prohibit use of state aircraft or the communications equipment in the governor's residence so long as
there is no charge to the state for the use; in this paragraph, "for partisan political purposes"
- (A) means having the intent to differentially benefit or harm a
- (i) candidate or potential candidate for elective office; or
- (ii) political party or group;
- (B) but does not include having the intent to benefit the public interest at large through the normal performance of
- (c) In addition to other provisions of this section, a public officer who is a member of the Board of Fisheries or the
Board of Game may not act on a matter before the board if the public officer has not disclosed in the manner set out in
all personal or financial interests in a business or organization relating to fish or game resources.
- (d) In this section, when determining whether a public officer is considered to be performing a task on government time,
the attorney general and personnel board shall consider the public officer's work schedule as set by the public
officer's immediate supervisor, if any. A public officer other than the governor and lieutenant governor who, during
the work days, engages in political campaign activities other than minor, inconsequential, and unavoidable campaign
activities shall take approved leave for the period of campaigning.
- (e) Except for supplying information requested by the hearing officer or the entity with authority to make the final
decision in the case, or when responding to contacts initiated by the hearing officer or the individual, board, or
commission with authority to make the final decision in the case, a public officer may not attempt to influence the
outcome of an administrative hearing by directly or indirectly contacting or attempting to contact the hearing officer
or individual, board, or commission with authority to make the final decision in the case assigned to the hearing
officer unless the
- (1) contact is made in the presence of all parties to the hearing or the parties' representatives and the contact is made
a part of the record; or
- (2) fact and substance of the contact is promptly disclosed by the public officer to all parties to the hearing and the
contact is made a part of the record.
- (f) Use of state aircraft for partisan political purposes is permitted under (b) of this section
only when the use is collateral or incidental to the normal performance of official duties and does not exceed 10 percent
of the total of the use of the aircraft for official purposes and partisan political purposes, combined, on a single trip.
A public officer who authorizes or makes any partisan political use of a state aircraft under (b) of this section shall
disclose the authorization and use under AS 39.52.210 or 39.52.220 for each trip, and the person who uses the aircraft
shall reimburse the state for the proportionate share of the actual cost of the use.
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