9 AAC 52.050 - Use of state time, property, equipment, or other facilities
(a) Unless the
attorney general has issued a general opinion against the use or advised the
public officer against the use, a public officer who uses state time, property,
equipment, or other facilities to benefit the officer, an immediate family
member of the officer, the officer's personal or financial interest, or another
person does not violate
AS
39.52.120(a) or (b)(3) if
the officer's designated supervisor determines that the use is
insignificant.
(b) For purposes of
determining whether a public officer has violated
AS
39.52.120(a) or (b)(3), the
use of a state cellular telephone to benefit the officer, an immediate family
member of the officer, the officer's personal or financial interest, or another
person is presumed insignificant if
(1) the
cellular telephone service plan provides, for a set monthly fee, an allowance
of usable minutes or an unlimited number of usable minutes;
(2) the use does not exceed
(A) the greater of 30 minutes or five percent
of the allowed minutes under the applicable service plan per month, for a plan
that provides an allowance of usable minutes;
(B) the greater of 30 minutes or five percent
of the total minutes used in a month under the applicable service plan, for a
plan that provides an unlimited number of usable minutes; and
(3) the public officer reimburses
the state in full for use that results in a separate charge; charges for
minutes exceeding an allowance of usable minutes are presumed to have been
incurred to benefit the officer, an immediate family member of the officer, the
officer's personal or financial interest, or another person.
(c) For purposes of determining
whether a public officer has violated
AS
39.52.120(a) or (b)(3), the
use of a portable state computer to benefit the officer, an immediate family
member of the officer, the officer's personal or financial interest, or another
person is presumed insignificant if the use
(1) is for electronic mail communications,
Internet access, or entertainment;
(2) does not occur during scheduled work
hours; and
(3) occurs at no cost to
the state.
(d) For
purposes of determining whether a public officer has violated
AS
39.52.120(a) or (b)(3), the
use of a state personal digital assistant to benefit the officer, an immediate
family member of the officer, the officer's personal or financial interest, or
another person is presumed insignificant if, when the device is used as a
(1) cellular telephone, the use complies with
(b) of this section;
(2) computer,
the use complies with (c) of this section.
(e) Nothing in this section exempts a public
officer from compliance with other state requirements applicable to state
computing and information technology resources.
Notes
Authority:AS 39.52.110
AS 39.52.120
AS 39.52.950
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