Alaska Statutes
Alaska Stat. § 39.52.120 (2026)
Misuse of official position
✓ current as of July 2026
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Sec. 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 interest;
(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 official duties.
(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 AS 39.52.220 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.
(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 interest;
(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 official duties.
(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 AS 39.52.220 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.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1996–2021 · leading case: Skvorc v. State, Pers. Bd., 996 P.2d 1192 (Alaska 2000).
Skvorc v. State, Pers. Bd., 996 P.2d 1192 (Alaska 2000). “Use of official position for personal gain (Counts I-III) The board found that Skvorc used his official position for personal gain, committing the acts charged in Counts I-III of the amended accusation, and violating AS 39.52.120. [21] These counts alleged three events: Skvorc…”
Griswold v. City of Homer, 925 P.2d 1015 (Alaska 1996). “[13] At first glance it may appear that the Executive Branch Ethics Act, AS 39.52.010-.960, which explicitly supersedes the common law on conflicts of interest, see AS 39.”
State of Alaska, Off. of Lieutenant Governor, Div. of Elections & Dir. Gail Fenumiai, in an Off. capacity v. Recall Dunleavy, 491 P.3d 343 (Alaska 2021). “148 AS 39.52.120(b)(6) (“A public officer may not use or authorize the use of state funds, facilities, equipment, services, or another government asset or resource for partisan political purposes.”
William Barickman v. State of Alaska, Dept of Transp. (Alaska 2012). “001) and the Executive Branch Ethics Act (AS 39.52.120) which outlines the prohibition of state employee’s using state time, equipment, or facilities for personal benefit or financial interests.”
— Alaska Stat. § 39.52.120(b)(1) — 1 case
Skvorc v. State, Pers. Bd., 996 P.2d 1192 (Alaska 2000). “Use of official position for personal gain (Counts I-III) The board found that Skvorc used his official position for personal gain, committing the acts charged in Counts I-III of the amended accusation, and violating AS 39.52.120. [21] These counts alleged three events: Skvorc…”
— Alaska Stat. § 39.52.120(b)(2) — 1 case
Skvorc v. State, Pers. Bd., 996 P.2d 1192 (Alaska 2000). “Use of official position for personal gain (Counts I-III) The board found that Skvorc used his official position for personal gain, committing the acts charged in Counts I-III of the amended accusation, and violating AS 39.52.120. [21] These counts alleged three events: Skvorc…”
— Alaska Stat. § 39.52.120(b)(3) — 1 case
Skvorc v. State, Pers. Bd., 996 P.2d 1192 (Alaska 2000). “Use of official position for personal gain (Counts I-III) The board found that Skvorc used his official position for personal gain, committing the acts charged in Counts I-III of the amended accusation, and violating AS 39.52.120. [21] These counts alleged three events: Skvorc…”
— Alaska Stat. § 39.52.120(b)(4) — 1 case
Griswold v. City of Homer, 925 P.2d 1015 (Alaska 1996). “[13] At first glance it may appear that the Executive Branch Ethics Act, AS 39.52.010-.960, which explicitly supersedes the common law on conflicts of interest, see AS 39.”
— Alaska Stat. § 39.52.120(b)(6) — 1 case
State of Alaska, Off. of Lieutenant Governor, Div. of Elections & Dir. Gail Fenumiai, in an Off. capacity v. Recall Dunleavy, 491 P.3d 343 (Alaska 2021). “148 AS 39.52.120(b)(6) (“A public officer may not use or authorize the use of state funds, facilities, equipment, services, or another government asset or resource for partisan political purposes.”
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