Representative requests more investigation time

MAT-SU -- Rep. Beverly Masek, R-Willow, has held to her earlier stance that she can disprove a former aide's claims that she mishandled election funds, but is appealing through attorneys to the Alaska Public Offices Commission for more time to do so.

The problem, according to Christina Ellingson at the commission, is that state statutes don't provide an avenue for an extension of time for the investigation.

"A time extension can only be for a response, not for the investigation," Ellingson said. She said state statutes mandate the matter must go to a hearing 45 days after a response is filed. It's not yet clear whether a June 11 letter sent by Masek's attorneys will be considered a response, but Ellingson said she's pressing on. "I'm going forward with my investigation."

Masek hired attorneys from Anchorage firm Eide, Miller and Pate to represent her interests in a complaint filed with the commission by a former legislative aide, Eric Musser. Masek was given until June 15 to respond to a list of claims by Musser that she used funds raised during her re-election campaign to make auto loan and house payments and pay home telephone bills.

John Miller of Eide, Miller and Pate sent a letter to the commission, requesting an extension of time to allow them to finalize their agreement for representation with Masek and to ask Musser questions in a deposition before filing information for the commission's investigation.

"Because we were contacted by Rep. Masek only recently, we have not been able to perform any substantive investigation relating to Musser's allegations," Miller wrote in the June 11 letter. "Additionally, because we have not finalized our agreement relating to Rep. Masek's representation, we anticipate that it will be approximately one week before we can initiate an investigation."

In a June 15 letter responding to the request, APOC Director Brooke Miles said state statutes allow the commission to grant more time to respond only for good cause. The legislature's special session, which began in Juneau today, will give Masek a window of immunity, according to Miles, from five days before to five days after the special session.

Miles added that she will ask members of the commission, at their 2 p.m. meeting on Wednesday, whether they would like to extend the time allotted for Masek's response.

Ellingson said that if the commission grants the extension, it will be the first time it has done so under the new rules adopted last year. Previously, commission staff had up to 90 days to bring the case to a close after a violation had been determined.

"This is a very short turnaround period," Ellingson said. "There's not a lot of leeway -- no leeway at all, really."

Contact Rindi White at rindi.white@frontiersman.com.