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Judge says rural energy fund is protected, cannot be swept into budget reserve fund

An Anchorage Superior Court judge today ruled against Gov. Mike Dunleavy, saying that the Power Cost Equalization Fund is a special fund that cannot be treated as other sub-funds, which are swept at the end of the fiscal year.

The importance of the ruling can’t be overstated. The Alaska Constitution prohibits special funds, unless they are added to the constitution as such. But Garton is taking a strictly literal view of the Power Cost Equalization Fund, separating it off as a special fund that cannot be touched.

“Because the Plaintiffs have demonstrated that they are entitled to a judgment as a matter of law, and because the Defendants have not shown that they are entitled to a judgment as a matter of law, the court GRANTS Plaintiffs’ motion for summary judgment and DENIES Defendants’ Cross-Motion for Summary Judgment. The Department is PERMANENTLY ENJOINED from sweeping the PCE Endowment Fund into the CBR (Constiuttional Budget Reserve) pursuant to article iX, section 17(d) of the Alaska Constitution,” Judge Josie Garton wrote.

She concluded that “the term ‘general fund’ does not include a separate fund of a public corporation. Accordingly, it does not include the PCE Endowment Fund.”

The lawsuit was brought by Recall Dunleavy attorneys Jahna Lindemuth and Scott Kendall on behalf of several village entities and the Alaska Federation of Natives.

Although the state may appeal the ruling, for now rural power companies may draw subsidies from the fund to help lower the cost of electricity in communities outside of the Railbelt.

The Power Cost Equalization Fund is an endowment-type fund set up in the 1980s at a time when communities on the road system were getting hydropower projects to help lower their costs, but rural areas were not able to tap into those projects.

Read: Kendall, Lindemuth sue over power cost equalization

Mayor Edna DeVries gets award, standing ovation at Palmer City Council meeting

The Palmer City Council meeting was more packed than usual Tuesday night. A small contingent of Democrats had decided to make a stand and try to force Mayor Edna DeVries to resign her seat, since she has filed as a candidate for mayor for the Mat-Su Borough.

They let it be known on social media that they would be at the meeting to set forth their demands.

But that plan was superseded by a special award given to the mayor by organizations and members of the public, who packed into the city council chamber to thank DeVries for her service as the mayor of Palmer.

Mayor DeVries was given a standing ovation by nearly the entire room of supporters, which took the wind out of the sails of the couple of people there to ask her to step down.

Elected as mayor in October 2016, with a term ending in October 2022, Mayor DeVries previously served as a Council Member from 1979 to 1982; 1996 to 1999; and 2010-2016. 

She is a former Mat-Su Borough Assembly member, former Mat-Su Borough Mayor, and State Senator. 

She is a former City of Palmer Treasurer/Finance Director. Mayor DeVries served as Secretary for the State of Alaska Republican Party and as a Board Member of Kings Chapel in Wasilla.

Gov. Mike Dunleavy: The temptation of tyranny is what the Founders warned us about. Will we heed their warning?

By GOV. MIKE DUNLEAVY

“It is not by the consolidation or concentration of powers, but by their distribution that good government is effected,” wrote an elderly Thomas Jefferson as he looked back on the founding of our nation.

Throughout his life, Jefferson never wavered in his support for limited government. Decades prior he had warned supporters of a national bank that to take “a single step beyond the boundaries thus specially drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition.”

As pandemic-related disputes once again brew in Anchorage, some Alaskans believe I should cross that boundary.

Agitated social media users and well-meaning bloggers tell me that it’s for the greater good.

“Just a touch of tyranny and then we can go back to following the law,” is their unstated message.

What’s incredible to me is that the founding fathers were almost clairvoyant. They couldn’t have imagined the impact of social media on our democracy, yet they were intimately aware of the very human desire for government abuses when it benefits the petitioner.

This knowledge inspired them to do everything in their power to prevent that “single step beyond.” 

To combat the inevitability of corruption, they rooted government in the concept of local control. In fact, this core principle of American life far predates the founders.

Families, villages, townships – this is where the power has resided for some 400 years. Even centuries later, the principle of limited government allows the Mat-Su, Kenai, and so many other communities to manage the pandemic in a way their residents desire.

And love it or hate it, it allows Anchorage to be Anchorage.

This doesn’t mean I’m not vehemently opposed to some of things that have occurred in our largest borough, but disagreement doesn’t absolve me of my oath of office. It certainly doesn’t remove Anchorage’s emergency health powers or allow me to toss aside the leaders voters elected.

In the interest of thoroughness, I have once again asked my legal team if there’s any place in the Alaska Constitution or statutes that allows me to intervene when I, or others, don’t like the policies being put forth by duly elected officials.

We’ve found no such authority, and for that we should all be thankful.

We should be thankful because it means that an overreaching strongman would also be constrained if he were governor of Alaska. No powerful central government can destroy our Alaskan way of life, and that’s exactly how the founders wanted it.

Because I’ve acted within the law throughout the pandemic, Fairbanks, Kenai, and people across Alaska are free to behave in a manner chosen by local voters.

I know some will immediately point to the actions of governors in other states. I get it. But what I hope they understand is that these governors have state constitutions and legislatures that have given them the powers they’re using.

For example, many of the “anti-mandate mandates” elsewhere aren’t actually hard-and-fast rules; rather they’re “enforced” via legislative funding cuts. This requires a legislature that supports the governor’s decisions. As astute political observers will note, that is not the case in Alaska.

Further, it would be the peak of hypocrisy for me to take that dangerous step toward tyranny while fighting tooth and nail against the Biden administration’s overreach. How can I advocate for Alaska’s self-determination while imposing unconstitutional dictates that local governments oppose?

History is littered with the wreckage of nations who fell to the siren songs of strongmen who promised to come to their rescue. I would encourage residents to not head down a potentially disastrous path when faced with fleeting and temporary problems – problems that the voters of Anchorage are capable and competent to solve. After all, it’s not the mayor or the school board who run the show, it’s the voters of Anchorage.

Whether or not they choose to act is up to them, but what I can assure you is that I will not consider even the slightest venture into the realm of tyranny. The risks to our democracy are far too great.

But you don’t have to take my word for it. Our founders were almost uniformly pessimistic about the survival of our republic when faced with executive encroachment. Ben Franklin summarized their sentiments best when he predicted, “The executive will be always increasing… till it ends in a monarchy.”

That won’t happen in Alaska on my watch.

I’ll leave you with a famous anecdote that is also attributed to Franklin. As the story goes, Franklin was stopped by a woman in Philadelphia who inquired whether a republic or a monarchy was the result of the 1787 convention.

“A republic, if you can keep it,” was his prophetic reply.

Mike Dunleavy is the governor of the State of Alaska.

Murkowski, Sullivan explain why they are against the $3.5 trillion spending bill

Alaska Sens. Dan Sullivan and Lisa Murkowski issued statements on Wednesday explaining why they oppose to the Democrats’ legislative blueprint for their $3.5 trillion budget bill.

Sullivan called it “reckless tax and spending spree that will have a disastrous impact on the country.”

Sullivan said the plan is loaded with radical policies like the Green New Deal that will further the cradle-to-grave socialist agenda and “stick hard-working families in Alaska with higher costs, lower wages and less freedom.”

The “blueprint” for the budget plan was passed on a party-line vote of 50-49 just before 4 am Eastern Time on Wednesday. It’s the first phase of a long process the Democrats are ramrodding through to remake America into a socialist country, where the government is giving entitlements to the majority of Americans in one form or another.

The vote this morning gives President Joe Biden and Democrats wind in their sails to get the legislation through this year, before the 2022 midterm elections take over the Washington agenda.

“I share the concern of many Americans about out-of-control government spending,” Sullivan said, citing inflation that is rising rapidly. “The reckless spending that we’re seeing from the Democrats is going to do real, lasting damage to our economy, in addition to driving up our national debt to historic levels. And make no mistake, because Democrats are beholden to their far-left radical supporters, they alone will own the debt, higher prices and loss of income that will result from this unprecedented, irresponsible socialist spending spree.”

Sen. Murkowski said in her statement:

“Today Americans are able to witness the best and the worst here in the United States Senate. The best—the Senate just passed on a strong bipartisan basis, an historic infrastructure package focused on core, legacy infrastructure that will create new jobs and benefits that will pay forward for Americans for decades to come—all without raising taxes. The Infrastructure Investment and Jobs Act is the result of months of bipartisan negotiations that I was proud to be part of, working diligently with colleagues on both sides of the aisle to deliver for the American people.

“The worst—the Senate immediately turned to a wholly partisan bill, a budget resolution which proposes over $3.5 trillion in new spending which will result in tax hikes on Americans. This partisan exercise to implement a wish list of reckless spending is unfortunate but not unexpected as Senate Majority Leader Chuck Schumer previously admitted that Democrats were ‘going alone’, without any effort to work with Republicans. Taxing and spending without limits is nothing to be proud of,” she said.

Meanwhile, radicals in the U.S. House, including Speaker Nancy Pelosi and the Congressional Progressive Caucus, have vowed to block the Senate’s $1.1 trillion infrastructure bill until the $3.5 trillion package that their agenda is passed by the Senate.

President Biden is on record saying he will not entertain the infrastructure bill without the costlier and more radical bill now working its way through the Senate.

Peace Road briefing Friday

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A briefing on a possible rail connection under the Bering Strait that would connect Alaska with Russia is the topic this Friday, Aug 13, from 10 am to noon  Dena’ina Civic and Convention Center in Anchorage. More information can be found at: PeaceRoadUSA.com/events.

Participating speakers include: 

  • Mead Treadwell, Vice Chair Alaska To Alberta Rail, Former Alaska Lt. Governor *Invited
  • Joe Henri, Co-founder of the Inter-hemispheric Bering Strait Tunnel and Railroad Group 
  • Scott Spencer, Chief Project Advisor, InterContinental Railway
  • Lou Cerny, International Railroad Consultant and Engineer
  • Vladimir Petrovskiy, Chief Researcher, Institute of Far Eastern Studies

The briefing includes a videotaped message from Alaska Congressman Don Young and a preview of the soon-to-be-released documentary film called, “The Strait Guys.”

Sponsors are The Washington Times Foundation and the Universal Peace Federation Alaska Chapter.

Assemblywoman Allard gives emotional shout-out to Knik Little League champs

In an emotional statement at Tuesday’s Anchorage Assembly meeting, Eagle River Assemblywoman Jamie Allard expressed to the Knik Little League baseball team her deep sympathy for the situation that led to them being disqualified from the Northwest Regional Tournament due to one positive Covid-19 test on the team. The team had traveled to San Bernadino, Calif. for the tournament that would lead to the Little League World Series in Williamsport, Penn:

“I just have to say how proud I am of the Eagle River Knik Little League Team, and how my heart breaks for them that they were required to forfeit playing at the Northwest Region Tournament, in a situation that was entirely out of their control,” Allard said, taking a moment of personal privilege during the regular Assembly meeting.

“They did nothing wrong. They did everything right. They were forced to forfeit because one player had a positive Covid test. 

“That player had no symptoms, and no one else on the team or in the entire Alaska contingent that went to San Bernadino, California to represent our state tested positive.

“This was a crushing decision by Little League International.

“In this case, 10 to 12 year olds who won state, and were in the running to play in the Little League World Series. 

“If our boys had arrived on Friday instead of Thursday, they would have been able to play through the weekend, like all the other teams did – the teams that didn’t have to travel such a distance.

“But because we live in Alaska, the Knik Little League team had to travel a day early, and test a day early, and get their test results on the Friday, while the other teams got to play through the weekend without their test results. Why? Because those teams arrived on Friday.

Of course, we don’t even know if that was a false positive test, although there is documentation that suggests as many as 5 percent of Covid positive tests are false positives.

That said, I am grateful that all of the team is healthy and all of the parents and family members are healthy. These kids worked so hard, and we’re all proud of them, just as we are proud of all of our young athletes in Anchorage and in Alaska. 

They are Eagle River kids. They are Alaska strong. They are resilient. They are winners. And we are so very proud of them.

I want to thank all the parents, volunteers, coaches, and the brothers and sisters who are part of the Little League family. Throughout the community, volunteers help us grow generations of leaders and Americans who know the value of working together as a team, striving to be their best, getting rewarded for hard work and achievement. 

And now also the toughest lesson of all, that life sometimes just isn’t fair,” Allard said.

Read: Heartbreak as Alaska’s Little League champs disqualified at Northwest tourney due to Covid result

Right to work? Inslee mandates vaccine for state workers in Washington state

Washington Gov. Jay Inslee this week announced a requirement for most state workers, and on-site contractors and volunteers to be vaccinated against COVID-19 as a condition of employment.

State employees and workers in private health care and long-term care settings have until Oct. 18 to be fully vaccinated.

The requirement applies to state workers, regardless of teleworking status. That means those who work from home must still be vaccinated. It applies to executive cabinet agencies, but the governor encouraged all others such as higher education, local governments, the legislative branch, other statewide elected officials and organizations in the private sector to do the same.

“It is the mission of public servants and those providing health care to serve our fellow Washingtonians. These workers live in every community in our state, working together and with the public every day to deliver services,” Inslee said. “We have a duty to protect them from the virus, they have the right to be protected, and the communities they serve and live in deserve protection as well.”

The governor made the announcement at a press conference on Monday at Kaiser Permanente in Seattle. He was joined by Seattle Mayor Jenny Durkan, King County Executive Dow Constantine, Kaiser Permanente Washington President Susan Mullaney, Washington State Secretary of Health Dr. Umair Shah, and Seattle-King County Public Health Officer Dr. Jeffrey Duchin.

The announcement comes as Washington is experiencing a severe increase in COVID cases and hospitalizations in every county, due to the Delta variant, with the overwhelming majority of cases and hospitalizations being among unvaccinated Washingtonians.

Gov. Mike Dunleavy of Alaska has stated that there will be no vaccine mandates in the Alaska state workforce.

Sullivan puts Dems in a box with his amendment to block China mineral imports

Every Republican has begun to offer amendments to the $3.5 trillion tax-and-spend package crafted by Democrats, and Sens. Dan Sullivan and Lisa Murkowski have jumped in with their amendments.

Sullivan today proposed one that would ensure that federal funds, subsidies, or tax credits for material needed to build out the nation’s energy sector is sourced by the United States, or its allies — not by Communist China.

“This would help ensure a robust, secure supply chain that doesn’t rely on forced labor, and also provide good-paying jobs, and strengthen our economy and our national security,” he said in a statement. “If we are going to build out our domestic renewable energy industry, we need to have an honest conversation about where we are sourcing these materials,” Sullivan said.

“We cannot continue to be dependent on China for critical minerals—resources that are crucial to our economy and national security, and which we have in abundance in the U.S., particularly in Alaska. We also cannot continue to allow extreme environmentalists to dictate our country’s energy policy and block domestic mineral production. By developing our national supply chains and processing capabilities, we can create thousands of good-paying jobs, protect our national interests, deny economic support for violators of basic human rights and build out America’s all-of-the-above energy sector,” Sullivan said.

Democrats will fight the amendment because it would mean a return to responsible mining in the U.S., something the Democrats don’t want, so long as the country can get materials at the expense of other nations’ environment and people.

Solar energy technology is now produced by China, which uses exploitive labor practices, including forced labor.

“The United States is dangerously reliant on China for roughly 80 percent of both the processing and manufacturing of minerals, rare earth elements, and metals vital to the America’s renewable energy sector and national security,” Sullivan said. “The U.S. is currently 100 percent reliant on other countries for 14 critical minerals and more than 75 percent reliant for an additional 10 critical minerals.”

Both Sullivan and Sen. Lisa Murkowski stated they will not vote for the massive spending package, but as long as it appears live, they will at least have amendments — even if they are poison pills that they know won’t pass. The Sullivan amendment did pass, 90-9.

The bill is likely to pass with the 50 Democrat votes plus Vice President Kamala Harris breaking the tie, but that eventuality is weeks, perhaps months away.

Earlier Tuesday, the $1.1 trillion infrastructure package passed the Senate and went to the House to await action.

Southcentral Foundation adds security out of safety fears due to its vaccine mandate

Southcentral Foundation, an Alaska Native health entity, has announced there will be visibly more security on its premises, as a result of the negative reaction to its Covid-19 vaccine mandate for all employees.

“This week you will notice increased security at the Corporate Office building. While there has been no threat made, SCF is taking additional security precautions due to increased tensions related to recent SCF mandates,” the memo reads to employees.

The labeling and branding of those who oppose mandatory vaccines as “dangerous people” is evident in the memo, one stakeholder noted.

The memo adds that security officers will be at the entrance of the corporate offices on Diplomacy Drive, and the employees will be required to curtail their hours in the building to 8 am to 5 pm “during this time of increased security measures.”

The organization further requests employees to be aware of their surroundings and report suspicious behavior or items, and to not allow anyone without a badge or known appointment to enter the building. Employees may not hold the door open for anyone.

Last week, several Southcentral Foundation employees joined about 200 people protesting the Covid-19 vaccine mandate at the foundation and at Alaska Native Tribal Health Consortium, the Native hospital and clinics nearby.

Read: 200 protest forced vaccines at Native hospital and foundation