Court case expedited: Can acting mayor keep 'dibs' on her vacant assembly seat, and for how long? - Must Read Alaska
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Friday, November 26, 2021
HomePoliticsCourt case expedited: Can acting mayor keep ‘dibs’ on her vacant assembly seat, and for how long?

Court case expedited: Can acting mayor keep ‘dibs’ on her vacant assembly seat, and for how long?

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An Anchorage judge heard on Thursday arguments about whether Acting Mayor Austin Quinn-Davidson can legally retain her District 3 Seat E West Anchorage seat, since it has been vacant since Oct. 23.

Dustin Darden filed for the unposted vacancy for the regular election scheduled to be held on April 6, 2021. Although he filed properly with the Municipal Clerk Barbara Jones, she sent him a “Notice of Deficiency” stating that she had not posted West Anchorage seat 3E as vacant. Darden requested a hearing as guaranteed under Title 28.30.040, 3.60, but was denied by Jones.

Title 28.30.050 says no person can hold more than one elected office of mayor, assembly, and school board. Darden’s case is that Austin Quinn-Davidson cannot hold both the mayoral seat and an assembly seat simultaneously, therefore Seat 3E must be vacant.   

Darden and Nial Williams appealed to State of Alaska Superior Court and on Thursday was granted an expedited hearing.  The appellants want Darden’s name to be placed on the ballot for the Regular Election and for the Municipality to reprint the ballots if necessary. They are asking that, if elected, Darden be sworn in immediately so the 3E district does not continue to be unrepresented.

Williams carried the argument, representing Darden and himself before the Judge Jennifer Henderson. The two have had to pay $1,000 in fees to the court in order to satisfy the filing fees associated with the case. The two have a GoFundMe site set up to help defray costs, such as notary fees, process servers, and court fees.

The Municipality had 60 days to hold an election after that 3E seat became vacant, and they knew it would continue to be vacant for many months. Documents relating to the roster for the Assembly dating back to Oct. 23 show that the Municipality understood it was an actual vacancy.

The Assembly’s refusal to hold a special election for mayor has created a snowball effect, now putting the municipality in a lawbreaking situation for allowing Quinn-Davidson to holding two seat. Under Title 14 that is grounds for a recall and grounds for a fine, said Williams, citing Section 28.30.050 under the prohibitions section, subsection F.

The time-crunch is the problem, with the Municipality mailing ballots on March 15. Darden and Williams wanted the decision to be made by March 1, so the taxpayers would not have to pay thousands of dollars to reprint the ballots.

The hearing is on March 10 at 10 am, in front of the same judge.

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Written by

Suzanne Downing had careers in business and journalism before serving as the Director of Faith and Community-based Initiatives for Florida Gov. Jeb Bush and returning to Alaska to serve as speechwriter for Gov. Sean Parnell. Born on the Oregon coast, she moved to Alaska in 1969.

Latest comments

  • BRAVO! Thank you Dustin! I may not agree with all your methods, but you’re absolutely correct in this illegal act by ACQ & the Assembly!

  • It is my observation that certain Assembly Members and the Acting Mayor have violated Municipal Code long enough. There should have been a special election 90 days after the Mayor resigned. The fact that the Acting Mayor has been allowed to keep the Assembly Seat and be Acting Mayor is self-serving and not in the best interest of the public. During the tyrannical rule/lockdown orders, which have now extended way past State of Alaska’s, the Acting Mayor and certain Assembly Members must to be held accountable for ruining the economy, causing irreparable damage to our youth, handicapped individuals and senior citizens. Way too many businesses have been negatively impacted by these tyrannical lockdowns. South Dakota never had a lockdown and their economy is stable, although the Biden Administration is trying to change that. North Dakota recently passed an anti-mask mandate. Politicians can never be allowed to make decisions that should be made by medically trained staff. Too much is at stake. Why are third world countries doing better during this pandemic that the US? Everyone should be asking the tough questions. The truth will set us free. We must demand transparency during these types of events. The censorship needs to end. Don’t believe the Mockingbird Mainstream Media. Don’t believe me. Check out the World Freedom Alliance, Children’s Health Defense, Highwire, and Alaska Watchman, etc. Spread the truth. A lie spoken or written a thousand times is still a lie.

  • The little guy ( granted; with a big mouth) doing what he can to upend the illegal processes that have become regular occurrences under the current Anchorage city administration.

  • Excellent, we need to be rid of her.

    • Yes, and the rest of her ilk.

      • There is a lot of “ilk” on that assembly.

        • Yep!

  • Well, Darden has already raised double his goal as of 1:30 pm, Friday 2/26. As soon as she became acting mayor, her assembly seat should have been filled by someone else. Seems the legacy of the the Berkowitz-Davis-Quinn administration has been to only do your job if it fits the agenda of the liberal representatives. Pathetic.

  • It seems like most of this rests with the municipal clerk that can’t follow the law/regs. If Ms Jones would have simply done her job we wouldn’t be here?

    • Hear hear! What pressure was/is bearing on her? Way above my head, but the question needs to be asked!

    • It seems that the Muni Clerk, fake mayor and the assembly, never imagined the lowly citizens of Anchorage would read the charter, let alone take them to court. Thank you Darden and Williams.

    • She is an incompetent hack that needs to be shown the door.

  • Thank you, Dustin Darden! Acting Mayor AQD and many of the Assembly members have broken rules and laws, treated many with such disrespect and caused a lot of harm to Anchorage and to So Many people..adults, teens and children! Unneccessary irreparable damage! She and her sidekicks should be held accountable!

    • How do the honest, struggling taxpayers continue to support this Titanic/Anchorage debacle without holding these monsters accountable?

      • I can just imagine AQD, Rivera, Dunbar, et. al., will get a tickle from this comment. Snort!

  • Most of these ANC assembly ‘officials’ are paycheck junkies thriving if not leaching a living out of political discord, composed predominantly of rhetoric, hiding behind a mask, where truth resides.
    Might we pitch in on a theatre ticket, one way to Seattle for these,,,,ahem?

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