Performance Details

Department of Administration - Alaska Public Offices Commission

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Mission

Administer Alaska's disclosure statutes and publish financial information regarding the activities of election campaigns, public officials, lobbyists and lobbyist employers.

Core Services

• Interpret the disclosure laws and assist persons in complying, conduct training seminars, provide reporting forms and manuals of instruction for candidates, groups, lobbyists, and public officials.
  
• Enforce the disclosure laws by tracking required reports, assessing civil penalties, and complaint investigation.
• Examine and compare reports for possible violations of disclosure law.
• Publish reports filed by election campaigns, public officials, lobbyists and lobbyist employers.

Mission Results	Core Services
A: Administer Alaska's disclosure statutes.  Details >	A1: Interpret the disclosure laws and assist persons in complying, conduct training seminars, provide reporting forms and manuals of instruction for candidates, groups, lobbyists, and public officials.  Details > TARGET #1: Provide public service and training to candidates, groups, lobbyists and employer of lobbyists, and public officials. TARGET #2: Provide timely advisory opinions. A2: Enforce the disclosure laws by tracking required reports, assessing civil penalties, and complaint investigation.  Details > TARGET #1: Notify delinquent filers, assess civil penalties for late-filed reports; assist filers through appeal process. TARGET #2: Complete complaint investigations within applicable timelines. A3: Examine and compare reports for possible violations of disclosure law.  Details > TARGET #1: Conduct audits of reports submitted under AS 15.13, AS 3.950, AS 24.60, and AS 24.45.
Mission Results	Core Services
B: Publish financial information regarding the activities of election campaigns, public officials, lobbyists and lobbyist employers.  Details >	B1: Publish reports filed by election campaigns, public officials, lobbyists and lobbyist employers.  Details > TARGET #1: Ensure reports and data filed with APOC is available and accessible to the public.

Performance Detail

Target #1: Provide public service and training to candidates, groups, lobbyists and employer of lobbyists, and public officials. Staff Hours Spent on Training and Direct Service Year Training Total Hours Dir Svc Total Hours 2021 34 789 2020 160 3112 2019 185 1990 2018 160 1990 2017 198.3 1827 2016 106 1172 2015 294 2375 2014 721 3717 2013 1255 3469 Analysis of results and challenges: APOC provides training to all filers. Given the ongoing pandemic, in-person training sessions have been curtailed and the agency has relied on remote training via Webex. Campaign disclosure trainings were ramped up leading into the 2020 state elections. Lobbyists and their employers are required, by statute, to complete training on the lobbying laws and ethics on an annual basis. In-person trainings were not held and instead training was completed online. 2021 data is through end of FY2021 (June 30). FY2022 should see the first online self-paced training presentations for campaign disclosure to provide additional resources to filers ahead of the 2022 state election cycles. Given the amount of staff time it requires to conduct in-person sessions, the agency hopes to move away from in-person training for all areas of disclosure to accommodate more direct service hours. The agency continues to prioritize its direct service to the public in its effort to provide more transparency, but to also curtail violations and civil penalties and to facilitate more consistent filing. APOC staff encourages filers and the public to reach out with questions by telephone or e-mail. This activity contributes to the training and outreach service as it provides staff the opportunity to engage with filers, to provide guidance on best practices based on specific facts and scenarios, and to monitor trending issues that may need to be further addressed through additional training and development. As with other aspects of APOC's work, this activity increases as reporting deadlines approach.

Target #2: Provide timely advisory opinions. Opinion Response Time Year # Opinions Requested Avg. Resp. Time in days 2021 3 8.3 2020 1 7 2019 4 7 2018 3 7 2017 3 7 2016 4 5 2015 2 6 2014 20 6.1 2013 7 8.57 Analysis of results and challenges: Staff are charged with preparing advisory opinions within seven days of receiving a request for formal guidance. Providing thorough timely responses to advisory opinion requests within the mandated timeline will always be a challenge. Single straightforward questions require less time than multi-tiered, complex questions which require in-depth research and department of law review. The agency is seeing a general incline in requests related to new provisions of Ballot Measure 2 enacted in February 2021, and expects more as the 2022 election approaches. 2021 data is through the end of F20Y21 (June 30).

Target #1: Notify delinquent filers, assess civil penalties for late-filed reports; assist filers through appeal process. Civil Penalties Year Civil Penalties Civil Penalties Appealed Referred to AG 2021 228 55 15 2020 154 18 26 2019 214 85 52 2018 286 70 14 2017 374 137 34 2016 370 153 40 2015 256 120 12 2014 471 258 18 2013 284 83 10 Analysis of results and challenges: APOC enforces the statutes and regulations that require timely filing of financial reports. Staff is responsible for tracking and auditing reporting expectations and assessing civil penalties for late-filed reports. Filers can either pay the assessed penalty or they may appeal the assessment to the Commission. Agency regulations allow for a reduction of the maximum penalty during staff's initial assessment up to and including a complete waiver for many first-time violations. In instances where mitigating factors may be applicable, filers are encouraged to appeal their assessed penalties. This allows staff to recommend the Commission to further reduce, or in certain instances, waive a civil penalty based on standard criteria codified in regulation. Filers who do not pay or appeal their civil penalty are referred to the Attorney General's Office for collections. In even calendar years, when activity includes municipal and statewide elections, reportable activities peak and the increased activity generally generates more penalty assessments. Given new reporting requirements enacted through Ballot Measure 2, the agency expects a rise in late-filed reports and associated penalties. Filers are now able to pay civil penalties by credit card through the agency’s website. 2021 data is through the end of FY2021 (June 30).

Target #2: Complete complaint investigations within applicable timelines. Complaints Year Complaints Filed Initiated by Public Initiated by APOC 2021 2 2 0 2020 10 8 2 2019 5 3 2 2018 11 10 1 2017 3 3 0 2016 6 6 0 2015 9 6 3 2014 14 14 0 2013 12 8 4 Analysis of results and challenges: APOC staff must determine whether a complaint can be accepted based on specific criteria within one day of receipt. If accepted, staff must complete an investigation and issue its report within 30 days. This abbreviated timeline can be challenging to meet when complaints involve voluminous records, complex issues or multiple parties. FY2021 saw significant delays in investigations due to staffing levels, impacts of COVID-19, and the complexity of issues. A party may also request expedited consideration of a complaint. A request for expedited consideration must be considered by the Commission within two days. If the Commission determines the complaint warrants expedited consideration, a hearing on the complaint must then be held within two days. Unlike a regular complaint, APOC staff is not a party in an expedited complaint, and the party that requests expedited consideration bears the burden of proof. 2021 data is through the end of FY2021 (June 30) and does not include an account of complaints that were ultimately rejected for investigation. Election years that see controversial ballot measures or contentious races lead to more complaints filed. This can be attributed to the increased publicity surrounding these measures or races, as well as the increased financial activity that occurs when there are staunch supporters from both sides. This was the case leading into the 2020 General Election followed by a contentious mayoral race in the 2021 Anchorage election.

Target #1: Conduct audits of reports submitted under AS 15.13, AS 3.950, AS 24.60, and AS 24.45. Audited Reports Year Total Reports Received Total Reports Audited % Audited 2021 4294 1365 31% 2020 8087 477 6% 2019 5900 1004 17% 2018 5952 1159 19% 2017 5735 1640 29% 2016 6324 4638 73% 2015 5241 5091 97% 2014 8446 3107 37% 2013 4797 3538 74% Analysis of results and challenges: At current staffing levels APOC staff is unable to comprehensively audit every report it receives. Instead, staff conducts limited audits of daily filings to identify major deficiencies. Auditing for each area of law is unique and certain types of reports take more time than others. Specifically, campaign disclosure reports require a review and cross-check of transaction data to ensure compliance. Depending on the type and size of the campaign, this can range from a few to thousands of entries. Staff will endeavor to fully audit reports as time allows, but given the current staffing level, comprehensive auditing of all reports is unrealistic. 2021 data is through FY2021 (June 30).

Target #1: Ensure reports and data filed with APOC is available and accessible to the public. Number of Public Records Request Year Records Request POFD Requests CD Requests 2021 56 53 0 2020 99 99 0 2019 90 89 1 2018 43 39 3 2017 42 36 3 2016 34 20 12 2015 36 15 11 2014 45 19 4 2013 29 13 5 Analysis of results and challenges: The vast majority of disclosure reports are filed electronically and are accessible to the public online which has resulted in less burdensome public records requests. In consideration of the potential negative effect on membership of volunteer Boards and Commissions, difficulty in recruiting appointed members of the executive branch and matters of security for judicial officers, the Commission does not publish all public official financial disclosure (POFD) statements online. They are, however, still public records and have been the subject of the majority of the agency's public records requests followed by historical campaign disclosure (CD) information. 2020 data is through FY2021 (June 30).

Current as of October 28, 2021