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To: Springfield Reformer
Convince you that you're wrong? Why? Because you can't find facts to support your theory? That's rich.

As I wrote before...all I did was quote the law.

You said that the law won't be applied.

It is up to you to prove that...not to me to disprove it.

79 posted on 07/06/2011 11:47:49 AM PDT by wtc911 ("How you gonna get down that hill?")
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To: wtc911

I never said the law will not be applied, only that it will be applied in context, which does not include your fanciful notion of indefinite liability under the AK Ethics Act. Please stop misrepresenting my position.

And I’m sorry if you don’t get that the burden of proof is on you, but it is. You are the one who came in here reading a statute out of context and proposing a kind of liability which makes no rational sense and for which you cannot or will not offer proof that it exists in the real practice of law, and we are supposed to accept on faith that this wild invention of yours is valid law?

If it is real, why can you not find just one case with which to shut me up? I’m really not asking for much. Just one case ….

waiting ..... waiting .... holding my breath now …..


82 posted on 07/06/2011 12:03:53 PM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: wtc911

AS 39.52.910. Applicability.

(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 states that it so applies;

(2) legislators covered by AS 24.60; or

(3) the University of Alaska and an employee of the University of Alaska as to activities or employment under a contract between the employee and the university described in AS 14.40.210 (a)(4).

(b) The provisions of this chapter supersede the common law on conflicts of interests that may apply to a public officer of an executive-branch agency and any personnel rules relating to conflicts of interests, excluding nepotism, adopted under AS 39.25. However, nothing in this chapter precludes a prosecution under an applicable criminal statute nor prevents enforcement of any other state law that imposes a stricter standard of ethical conduct on public officers.

(c) The provisions of this chapter are not subject to negotiation by collective bargaining under AS 23.40.

(d) Nothing in this chapter

(1) supersedes AS 39.90.020 [see below**]; or

(2) precludes an immediate family member of a public employee from employment in the same agency or administrative unit as that public employee, so long as the public employee does not have authority to take or withhold official action affecting the terms or conditions of the immediate family member’s employment in a manner that violates state law.

**AS 39.90.020. Nepotism Prohibited.
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.


84 posted on 07/06/2011 12:25:55 PM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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