Kenai Borough attorney rebukes blogger’s accusation about Mayor Pierce resignation

9

Mayor Charlie Pierce of the Kenai Peninsula Borough, was not forced to resign, as has been alleged by a leftist political entertainment blog.

Accusations that he was forced to resign are wrong, the borough’s attorney said. He voluntarily resigned. There is no settlement agreement causing him to resign. There is no monetary settlement. There are no signed agreements.

“I cannot comment on threatened or pending litigation, including the existence or non-existence of threatened litigation, except to say that the KPB has not been served with a publicly filed quasi-judicial administrative or judicial complaint related to any of the allegations raised in Alaska Landmine story (or any other similar news stories on this), wrote Borough Lead Attorney Sean Kelly.

Kelly expanded on the allegations made by the blogger, who had been cooking up a controversy for days prior to Pierce resigning in order to focus on his campaign for governor:

To address your question below, please know that I do not intend to engage in further back and forth on this, and will not waive attorney-client privilege. However it does appear that some clarification is necessary. In my role as Borough Attorney this constitutes the extent of information I can provide at this time:

I cannot comment on confidential internal investigations, except to say that there is not an ongoing investigation. In the interest of transparency, however, on July 14, 2022, the borough did engage the law firm of Ashburn & Mason to conduct a confidential, internal investigation. That investigation was completed in July. Any internal documents or memorandum prepared for the purpose of or regarding the investigation are covered by attorney-client privilege, or attorney work product doctrine, or constitutional individual privacy protections, and cannot be released absent court order. Accordingly, and to protect all borough employees’ privacy rights and participation in internal investigations, I cannot, at this time, confirm or provide any individual names concerning the investigation. It would be inappropriate on my part to infer otherwise.

Mayor Pierce voluntarily resigned. There is no settlement agreement that required or called for Mayor Pierce to resign. There is no applicable settlement agreement. There has been no monetary settlement. There are no signed agreements.

I cannot comment on threatened or pending litigation, including the existence or non-existence of threatened litigation, except to say that the KPB has not been served with a publicly filed quasi-judicial administrative or judicial complaint related to any of the allegations raised in Alaska Landmine story (or any other similar news stories on this).

Typically, we do ask that you submit a public record request for any contracts or public documents, but to save some hassle I am attaching the KPB’s contract with Ashburn & Mason.

As stated on Friday, the KPB Legal Department will release a memorandum next week regarding succession. The KPB Legal Department will not comment further on any speculation surrounding Mr. Pierce’s resignation.

Thank you,

Sean Kelly 

Kenai Borough Lead Attorney