Mayor Dave Bronson issued a veto for AO2023-133, an ordinance approved by the Assembly on Jan. 16 that gives the Assembly vast subpoena powers that include the ability to subpoena municipal volunteers.
Bronson said that he was concerned about overreach by the Assembly as well as the potential for weaponiazaiton of the subpoena authority.
Upon gaveling in at the regular Assembly meeting on Tuesday, the Assembly overrode the veto by a vote of 9-3.
Bronson said, “The Assembly subpoena process changes voluntary participation into mandatory participation—even in the face of citizen objection. Uncontrolled Assembly subpoena powers will create a chilling effect on citizen volunteers participating in their municipal government.”
The original subpoena power, enacted in the 1990s, referred only to municipal spending and policy. The new powers give the Assembly vast authority to subpoena volunteers on nearly any public matter. If a person refuses the Assembly subpoena, the Assembly can sue and have a judge force the person to appear before the Assembly.
Recently, the Assembly subpoenaed four people who were observers of the municipal elections.
“Citizen participation in Municipal governance is voluntary under normal circumstances. Citizens are encouraged to participate through their Community Councils, Boards and Commissions, public commentary at Assembly meetings, or by contacting their Assembly Member. The Assembly subpoena process changes voluntary participation into mandatory participation—even in the face of citizen objection,” Bronson wrote in his veto explanation.
“Uncontrolled Assembly subpoena powers will create a potential chilling effect on citizen volunteers participating in their municipal government. In a recent incident, four Anchorage residents were subpoenaed by the Assembly in relation to an election matter. Three of them sought legal representation, eventually persuading the Assembly to accept their voluntary appearance at a public meeting instead of a mandated one. For these citizens, the subpoena process itself became a form of punishment or penalty, and the broadening of this process raises deep concerns,” Bronson wrote.
“Moreover, critics argue that the expanded subpoena powers are unnecessary. The Municipality already has a prosecution department for handling misdemeanors. Ultimately, the additional financial burden falls on the Anchorage taxpayer.
Because this ordinance allows the Assembly to mandate citizen testimony in an otherwise voluntary public venue, expands Assembly power to subpoena testimony and document production, and imposes additional financial burden on the Anchorage taxpayer, I hereby veto,” he wrote.
Assembly Chairman Chris Constant said the mayor had been giving bad information to the public about the Assembly’s push for subpoena powers.
“And I understand why he’s doing that, giving cover for the fact that we have had an experience where his administration has had actors who have done very abusive things to the public process and we have, in fact, needed to have their testimony so we could understand the genesis of the efforts that were undertaken by these individuals to, in effect, impune our elections, and overturn, effectively, our elections,” Constant said.
The new subpoena power by the Assembly is another step in its march toward taking away the power of the mayor’s office. The mayor and the Assembly represent two very different visions of Anchorage that are nearly always at odds.
The veto can be found here.
