The Alaska Legislative Council is suing Gov. Mike Dunleavy over appointments of numerous public servants, who the Legislature has not confirmed. The appointees were not confirmed because the Legislature refused to call itself into session after gaveling out in May, with its constitutionally mandated work unfinished.
The confirmations of tens of dozens of appointees — from Revenue Commissioner Lucinda Mahoney to members of the Fish Board and Oil and Gas Commission, and even Public Defender Samantha Cherot — were left hanging after the Legislature gaveled out of session earlier this year in a desperate attempt to get out of Juneau ahead of the COVID-19 virus.
The Legislature suspended its regular session effective March 29 through May 18, 2020. The Legislature then adjourned on May 20.
Lawmakers, in what some see as a failure of the leadership of Sen. President Cathy Giessel and House Speaker Bryce Edgmon, never reconvened in special session to finish their work.
The Legislative Council, which manages the affairs of the Legislature when it is not in session, met in executive session on Tuesday before voting 11-1 to sue the governor.
Sen. John Coghill, of Fairbanks, made the motion to sue the governor and was supported by Sens. Tom Begich, Natasha Von Imhof, Cathy Giessel, Lyman Hoffman, Gary Stevens, and Reps. Neal Foster, Jennifer Johnston, Chuck Kopp, Louise Stutes, and Steve Thompson. Sen. Bert Stedman voted no. Von Imhof was not present.
Dunleavy has said in various statements to the media that his appointees would continue to serve, but House Rep. Chuck Kopp, who lost his reelection bid and who is a foe of the governor, calls the governor’s action unlawful “according to HB 309.”
HB 309 was actually signed into law by Dunleavy, apparently to make a good-faith gesture toward the Legislature, which was not finishing its work in the spring. The bill says the any of his appointees who are not confirmed by the Legislature will expire before the next legislative session.
Now, the governor says that as far as he is concerned, those appointments are valid because the Legislature failed to fulfill its constitutional duty.
HB 309 may in fact be in conflict with the Alaska Constitution, which says the Legislature “shall” meet to confirm the governor’s appointees.
HB 309 may have allowed hostile members of the Legislature such as Kopp, who serves as House Rules Chair, to perform a “pocket veto,” a term used to describe killing legislation or an action by simply putting it in one’s pocket. That method of chicanery was something to be avoided in the Alaska Constitution, which set up a form of government that allows the governor to nimbly execute the laws of the state. The Legislature is under a constitutional mandate to perform this duty, but it also cannot be sued if it does not perform it.
One must wonder if it wouldn’t be easier and more productive to call the Legislature into session to do its job rather than sue? The hatred of legislators for the Governor is irrational beyond belief. And they likely still wonder why they lost their primaries.
Dave Eichler: Well, yes, there are two provisions in the Alaska Constitution that allow the governor to call for a special session. Governor Dunleavy could have used either of these constitutional provisions to resolve this tempest-in-a-teapot. For reasons unknown, he decided not to seek confirmation.
A hunk of this dustup is related to the unilateral decision by Governor Dunleavy to extend his emergency powers.
Regardless of how you feel about this particular issue, it is increasingly evident that the current Governor is unable to get the job done. It’s mostly rhetoric and promises,, followed by failure and then blame.
We get what we deserve in this democracy. Oh well …………………….
Looking forward to never hearing the name “Cathy Giessel” again. Good riddance to her and her band of Rinos traitors.
Ballot Measure 2 will ensure that the government is restocked with RINOS in 2022
Also the Senate will likely be controlled by a RINO Dem coalition next year
Ditto to John Coghill. Another arrogant rat who disrespected his party and his own constituents. Giessel and Coghill were both shown the door and given the boot in the August primary. May their sorry a$$es be framed on the wall in the State Capitol Building to remind the public what happens to little dictators in the 49th state.
Somebody needs to get KEMOSABEE tin foil hat.
Maybe it should fit you. As Kemosabee is correct.
Seems like there are too many law suits already. This doesn’t do anything to boost my confidence in the past legislature.
Dunleavy might as well had stayed under the peoples full impression of him on Jan 2019, he be a Full out conservative republican governor, cut the budget, since the Legislative Democrats and Moderate Republicans HATE him either way, at least they can hate him for doing what is Right like Trump was hated. Else, he might as well as change his party affiliation to Democrat and get the lazy nitwits off his back! I mean look what he just did for them separated DHSS, a total democrat action, now all those families terrorized by OCS will only be terrorized even more when OCS doubles in size. these people complain so much that the State of Alaska actually pays to complain! they couldn’t even do anything like shoveling for anyone else without public recognition and appreciation for their good workd. Nitwits!
The bigger problem is that if the appointees are not confirmed before the next session begins it appears that the law may very well prohibit them from being appointed again when the session does convene.
This slight of hand tactic was a bit disingenuous by the legislature. The coalition ( run by foes of the governor) knew that if the governor called for a special session to get his appointees confirmed that the present legislature could put other matters on the agenda. Things that the out going lame ducks might get passed. Like more money for the ferry, schools, possibly an income tax or a run on the reserve or even the permanent fund. Dunleavy was not going to take that chance so is perhaps left either with winning this law suit (with the judges we half probably unlikely ) or appointing a completely new slate of Board members and commissioners. That involves a great deal of work. Vetting all new people, then having the various committee hearings etc. whew!
Can not be sued is the 1st problem!
Their pettiness and incompetence are only matched by their stupidity, arrogance, and corruption; ALL are legendary.
Sounds exactly what that RINO Gary Stevens, for one, is always inclined to do – ferreting out the loopholes as the easy way out.
A year and a half ago I heard Bryce tell us that he was out to get Mike leaving so I guess he’s still trying.
I for one am glad Cathy Giessel and her little cabal got busted up, the rest of them better take note of her sinking ship, quit playing games and get to work. If these legislators refuse to do their job we will fire them.
Gee, maybe the governor should sue the Legislators for not doing their jobs.
Dunleavy should fire them all the day before the new session starts and hire them again after.
left hanging after the Legislature gaveled out of session earlier this year in a desperate attempt to get out of Juneau ahead of the COVID-19 virus.
“the sky is falling……” RUN.
A fine example of the incompetent legislators in Juneau. I can’t believe that some were reelected.
I don’t know if I should laugh or cry. I’m going to laugh on this one. Anytime government proves itself completely incompetent it’s a win for we the people.
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Under the “leadership” of Giessle and Edgmon there were multiple sex offenders allowed to roam around the legislative halls, all with their protection until it finally became politically unfeasible. This “leadership” duo was a match made with only the worst case outcome possible. Anyone who was paying attention knew this disaster was their doing and at least one of them will no longer be serving in the next legislative session. Hopefully next election the good people in and around Dillingham will send their village idiot packing.
It may happen. About 40 percent see him for what he is. A blanco native wannabe.
Great! These idiots are suing each other while people are dying, losing their jobs, going out of business. Meanwhile municipal and state employees are “working” from home with full bore salaries, benefits and pensions.
The climate change enforcers are headed here to destroy the remnants of our economy. Makes you want to puke!
Speechless.
Well, what with courts saying people don’t have standing. Johnston, Kopp, Giessel and Coghill not going to be legislators, so no standing! 🙂
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