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Sitkans refuse further local lockdown orders

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Liberal bastion Sitka, on Baranof Island, has decided to not go along with enforceable restrictions on gatherings.

At the Nov. 24th Assembly meeting, an emergency ordinance to restrict restaurant capacity and gatherings failed to get the votes needed to pass after numerous members of the public testified against it.

Among measures was the requirement that people stay 6 feet from others and if they are singing or projecting their voices, those persons must remain at least 10 feet apart. Capacity would be set at 50% for restaurants and 25% for bars.

It was Sitka’s second try at passing a face mask mandate, limits on restaurants and bars, and other measures, including limiting gathering indoors to 50 people, with legal ramifications for violators.

Assembly members Crystal Duncan and Kevin Knox sponsored the emergency ordinance that failed 4-3, but is up for reenactment at the Dec. 22 meeting.

Criminal, civil trials, and grand juries are suspended again in Alaska

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Criminal jury trials in Alaska remain suspended until at least March 15, 2021, and in-person civil trials are suspended until Sept. 7. In addition, in-person grand juries are suspended until Feb. 1, according to updated orders from Alaska Supreme Court Justice Joel Bolger.

“When this suspension is lifted, the time for trial will continue to be tolled for the time necessary to permit an orderly transition and scheduling,” Bolger wrote on Nov. 25. That means, don’t expect a speedy trial any time next year.

“News reports indicate that the first shipments of COVID-19 vaccine could be arriving in Alaska in just a few weeks, but vaccines probably won’t be available to the general public until March 2021,” Bolger wrote in his most recent order.

The suspension of civil trials does not apply to trials in which videoconference proceedings have been approved.

[Read entire order by Chief Justice Bolger at this link.]

In October, Bolger announced plans to reinstate criminal trials by November, but then the COVID-19 outbreak intensified in Alaska. On Nov. 12, Gov. Mike Dunleavy issued an emergency alert requiring all executive branch employees to work from home whenever feasible and urging other organizations that can operate remotely to allow their employees to work from home.

The courts have been closed since March 23, over 250 days.

Presiding judges in each judicial district have leeway to make exceptions for in-person trails and grand juries under “exceptional” circumstances.

U.S. Supreme Court decision makes Anchorage mayor’s worship limits invalid

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A Thanksgiving Eve decision by the U.S. Supreme Court, which ruled against New York Gov. Andrew Cuomo’s limits on worship, have made Anchorage Acting Mayor Austin Quinn-Davidson’s worship limits invalid.

On Wednesday night, the court agreed with the Roman Catholic Diocese of Brooklyn and two Jewish Orthodox synagogues, and blocked Cuomo’s executive order that restricted attendance at houses of worship.

Earlier on Wednesday, Quinn-Davidson had announced a new lockdown order that goes into effect Dec. 1, severely limiting the sizes of gatherings, while she allowed political and worship gatherings to be only partially exempt.

The attendance for these political or religious events, coming during the holy season for Christians, is limited at 50% capacity in Anchorage, an order that remains in effect for the month of December.

The acting mayor also shut down restaurants, bars, bingo halls, and theaters. Stores and other businesses, including gyms and salons, will be limited to 25% capacity and be able to keep people six feet apart. Salons and spas will no longer be able to provide any services would necessitate the removal of the patron’s mask. In other words, no beard trimming and no esthetician services will be allowed in December in Anchorage.

The Supreme Court, in the New York case, said that Gov. Cuomo was violating the First Amendment when he limited those in “red zones” — areas where the COVID-19 virus outbreak is highest — to have no more than 10 at a worship service. In “orange zones,” the limit is 25 people, and in “yellow zones” the limit is 50 percent of a building’s legal capacity.

Five conservatives on the court agreed with the majority decision: Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Formerly conservative Chief Justice John Roberts, Stephen Breyer, Sonia Sotomayor, and Elena Kagan were the dissenting vote.

The Brooklyn diocese took the matter to the Supreme Court on Nov. 12, saying that Cuomo’s order “effectively bars in-person worship at affected churches – a ‘devastating’ and ‘spiritually harmful’ burden on the Catholic community.” The orthodox synagogues followed suit four days later and said they had been targeted by Cuomo.

With New York now prevented from enforcing the order, it appears that Anchorage will also not be able to prevent worshipers from attending church, although churches may have their own established limits. Some churches have closed their doors due to the pandemic, while others have remained open in Anchorage, in defiance of former Mayor Ethan Berkowitz’ prior shutdown orders, which he never enforced on churches.

Justice Neil Gorsuch, in writing his own separate opinion on Wednesday, said that even if “the Constitution has taken a holiday during this pandemic, it cannot become a sabbatical.”

From STEM to hem, combat boots to high heels, she’s now wearing a crown

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By DAVID BEDARD / 176th WING PUBLIC AFFAIRS

Air Guard Staff Sgt. Elizabeth McJannet-Bratton was crowned Miss Alaska Collegiate 2021 during an Oct. 24 competition in Palmer. McJannet-Bratton is the noncommissioned officer in charge for Inbound Cargo, 176th Logistics Readiness Squadron.

McJannet-Bratton’s platform of “Combat Boots to High Heels” underscored her lifelong conviction that women can pursue careers in defense and in science, technology, engineering, and mathematics, without sacrificing a sense of femininity.

“The platform is about inspiring young women with the knowledge you can be in the military or a STEM career field, and also be confident in yourself while being as girly as you want to be,” she said. “Those aren’t mutually exclusive things.”

The manifold path to capturing the Miss Alaska Collegiate sash began in Sydney, Australia, where McJannet-Bratton was born to an Australian mother, Michelle, and an American father, David. Her parents met in Anchorage during a walkabout sojourn for both that had them crossing paths in the Last Frontier.

The family moved to the United States when McJannet-Bratton was 2, settling in Erie, Colorado, where she grew up. David, a commercial pilot and aerospace engineer, worked on designing the Atlas V space rocket, inspiring his daughter to seek for herself a life of wings and rocket boosters.

“I basically grew up on Star Trek,” she said.

A Girl Scout who lettered in choir and track and field, McJannet-Bratton’s aeronautic pursuits led the 16-year-old to the Civil Air Patrol and an encampment that would further cement her interest in aircraft and the military.

During a subsequent summer camp at Joint Base Elmendorf-Richardson, McJannet-Bratton said she developed a yen for the state on the edge of the Arctic. She joined the Alaska Air National Guard’s 176th Wing as an air transportation specialist.

Read the rest of this story at this link.

Rep. Zack Field’s obsession with Kelly Tshibaka: Death by a thousand public records requests

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Rep. Zack Fields of Anchorage has been obsessed with Commissioner of Administration Kelly Tshibaka since she was first nominated for the cabinet position in the Dunleavy Administration. During her confirmation hearings, Fields badgered her about her religious beliefs, which are Christian.

Since her confirmation, which he opposed, he’s been a man on a mission to destroy her. He’s been legally stalking Tshibaka since Day 1.

But Tshibaka has never backed down. Last week, she wrote her stalker a letter that reveals to readers the extent of his obsession and the cost to state government of his numerous document requests, that he has made in his role as chair of the State Affairs Committee. The Tshibaka letter was posted at the Department of Administration.

Tshibaka said that, between Fields and blogger Dermot Cole, her department has spent dozens if not hundreds of hours working to fulfill public records requests.

“Throughout 2020, DOA has spent approximately 72 hours of time fulfilling inquiries and requests from the Legislature regarding the RFPs, RAPs referenced above, as well as those requested by Barry Jackson/Dermot Cole (which were covered in a Committee hearing). This is equivalent to approximately $6,661,” Tshibaka wrote.

Kelly Tshibaka
Commissioner Kelly Tshibaka

Fields represents House District 20, downtown Anchorage, one of Alaska’s most liberal districts. He is a union employee, when not serving as a legislator. Before that, he was in the Walker Administration and was communications director for the Alaska Democratic Party.

“Separately, DOA also fulfilled document requests from Barry Jackson/Dermot Cole, relating to the same items as listed above,” she wrote.

“The procurement office has spent approximately 36 additional hours fulfilling these requests, which is equivalent to approximately $2,850,” her letter continued.

“Of import is that DOA responded to Jackson/Cole’s original, extensive document request with an approximate cost estimate for production; but, instead of agreeing to pay the costs, they divided the request into multiple smaller requests so that they would not have to pay. As a result, DOA absorbed the time and costs of production,” Tshibaka wrote.

“For the October 26, 2020 request submitted by the Committee, DOA estimates it will take up to 74 hours total to fully and accurately provide a response, which equates to $6,714. This does not include the time the Department of Law will take reviewing and redacting information (e.g., proprietary or non-public information), for which DOA will have to pay. Based on other projects completed by the Department of Law, DOA estimates paying $4,229 for the review of these records before release,” she wrote.

In order to complete fulfillment of Rep. Fields’ most recent document request, the Department of Administration may need to hire a temporary non-permanent position to assist in the effort,” she wrote, estimating the cost at about $1,110.

The request made by Cole and Jackson for “all email correspondence between @alvarezandmarsal.com, @gartner.com, @bdo.com, and @asantealliance.com email domains, between Commissioner Tshibaka, Director Lowenstein, Ms. Birk, and Ms. Polk, and any other procurement and DOA staff, from before RFP publication, until December 3st 2019” will end up being in the hundreds of emails, if not more, Tshibaka wrote.

Recently, Fields, Cole, and Jackson have been especially interested in a contract from the department, which they claim Tshibaka steered to one bidder in exclusion of others. Tshibaka, in a presentation to the committee earlier this month, defended her workforce for awarding the contract. Her presentation to the committee is at this department link.

Homer to reinstate plastic bag ban on Jan. 1, 2021

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The Homer City Council, which suspended the ban on plastic single-use shopping bags, has voted to reinstate the ban, effective Jan. 1.

The original bag ban was passed on Oct. 1, 2019 through a ballot measure that ban all thin plastic bags provided to customers at grocery stores, convenience, general merchandise, and liquor stores, as well as restaurants, and temporary retailers such as farmers market and fair vendors.

In April, the city council passed an ordinance to extend the effective date on its voter-initiated bag ban until Sept. 15, 2020.

The ban bag was suspended after the public and local leaders became concerned about the cloth bags people were bringing into stores and whether they can spread COVID-19. The bag ban is still suspended in Anchorage.

Mask mandate proposal for Palmer goes to third public hearing on Dec. 4

An emergency ordinance offered by Palmer City Council Deputy Mayor Sabrena Combs for a face mask mandate is going to its third meeting on Friday, Dec. 4 at 5 pm.

The first meeting to consider the emergency ordinance, Nov. 18, generated over 500 email comments on the topic, and each one of those is being read into the record.

The council had heard about 300 of them read by the end of the second meeting on the matter, held Nov. 25. In addition, in-person testimony is not completed. The testimony so far has been more than 2-to-1 against the ordinance, but the remaining testimony appears to be weighted heavily against a mask mandate.

Because it is an emergency ordinance, the mask mandate would require six of the seven-member council to vote in favor of it.

Palmer has an estimated population of 7,658. Mask mandates are in effect in Anchorage and Juneau, which have much larger populations, but most other communities’ elected leaders have voted against such mandates and the governor has said he will not enact a statewide mask mandate, because such rules are best left to local communities.

Campbell: It’s time to flip the school board

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By CRAIG E. CAMPBELL

When I moved to Alaska in 1981, we had one of the finest school systems in the nation, ranked second to only Connecticut.  

Today Connecticut remains near the top while Alaska has plummeted to 47th.  We’re nearly the worst.

Back then, Connecticut and Alaska both ranked in the top five percent for salaries paid to public school teachers.  

Today, Alaska remains in the top five percent while Connecticut has dropped to a middle position.  I guess the old adage, “You get what you pay for,” doesn’t apply when it comes to education.

Alaska has generously compensated teachers over the past 30 years as the quality of education provided to our students has cratered.  

I get it, there are many reasons for this. Both parents working; legislatures passing requirements that have nothing to do with education but consume time teachers could be using to actually teach kids; taking away the ability to discipline unruly children; expecting schools to feed kids; including curriculums that start sex education at the kindergarten level (OK, I probably just lost a bunch of readers, but do kindergarteners really need to know about sexual reproduction, when they’re barely potty trained?)

Alaska has one of the highest per-student expenditures in the nation.  Anchorage topped $16,000 per student per year in 2019, while the US average was around $12,000. Costs continue to escalate while results decline.  

Our education system is in crisis.  

One definition of insanity is to keep doing the same things over and over again expecting a different result. It’s time to structurally change our public education system, and it starts with the money. Not more, but how it is allocated.

Public education is formula funded. This formula allocates funding based on the “average daily membership” of a school district determined once per year during a 20 school-day period in October. If one district loses students after October, the school district doesn’t lose any money. And if another district gains students, they don’t get any additional funding. That creates disproportionate funding, and that needs to change.  

The daily membership should be calculated every 90 days and school district funding adjusted to meet the actual student enrollment. This idea was shared with me by a newly elected state representative, for which I highly encouraged legislation be submitted to make this law.

We all know the COVID pandemic has raised havoc with public education.  When are schools open, when are they closed, what is “virtual class,” and how does the system ensure a quality education is being delivered.  It’s a hot mess.  

This chaos has resulted in families opting for private or home schooling.  The number of students enrolled in the Anchorage School District has decreased by nine percent, while the number of students in homeschool programs has nearly doubled.  

Compare this to the decrease from 2018-2020, which was less than 3 percent.  It is clear the COVID pandemic is changing parent’s views about their children getting a quality education only through the public school system.  

So where is the Anchorage School Board leadership?  Right there with the leadership of the Anchorage Assembly, totally out of touch, with their collective heads-in-the-sand. To fix this will take a bold change in leadership, by visionaries who understand education is a collection of public, private, religious, and home-school solutions.  

The U.S. Supreme Court has already ruled it is legal for public funds to be used to provide students with non-public school alternatives.  It’s time for Alaska law and the Anchorage School District to facilitate this broad-based education solution. It will instill a competitive spirit into our education process and improve outcomes for everyone. 

But our incumbent school board members, excluding Dave Donley, are in lock-step with the progressive movement of quashing all educational programs other than public schools. To them, a unified, single public education system that indoctrinates our children into the virtues of socialism and the evils of American exceptionalism is the only acceptable system. 

Without much public fanfare, but fully intended to develop potential school board candidates who will continue the progressive status quo destruction of our educational system, former school board member Tam Agosti-Gisler started a “boot camp” to provide a crash course on how to campaign for the school board and how to be a board member.  

I really doubt the course spends much time advancing the positive aspects of private, religious, and home-school programs.  It’s an overt attempt to recruit and train progressives to win school board seats and protect liberalism in public education. 

While everyone is focused on the mayor’s race and the oppressive lock down of Anchorage, our uber-liberal school board members have been steadily implementing a more and more progressive doctrine on our school district. They are indoctrinating our next generation in radical liberalism.  

To retain control, they already conducted a “Boot Camp” in preparation for the April 2021 elections.  Current school board members Alisha Hilde, Deena Mitchell, and Elisa Vakalis are seeking re-election in April 2021.  Starr Marsett’s seat will also be open, as she is not running for re-election.  

That’s four seats out of seven that can be filled with people who embrace a conservative, liberty-based education curriculum that teaches the basics necessary to return Anchorage back to the top five percent of quality school districts nationwide. They would join Dave Donley in leading ASD to once again being a respected institution that graduates educated young adults ready to contribute to society, whether furthering their education in college or entering the workforce.

We don’t need bigger budgets in the Anchorage School District, we need leadership.  In April 2021 we have the opportunity to make the changes necessary for success. Are you willing to take on the fight, run for school board, and make a difference? If not now, when? It’s up to you!

Craig E. Campbell served on the Anchorage Assembly between 1986 and 1995 and later as Alaska’s Tenth Lieutenant Governor.  He was the previous Chief Executive Officer and President for Alaska Aerospace Corporation.  He retired from the Alaska National Guard as Lieutenant General (AKNG) and holds the concurrent retired Federal rank of Major General (USAF).

Carver: These Anchorage lockdowns are reckless

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MANY HAVE COVID IMMUNITY, BUT SUFFER FROM LOCKDOWNS

By MARTHA CARVER, RN

An open letter to Acting Mayor Austin Quinn-Davidson,

Do not shut down our city for the month of December. This will have devastating effects on our community, which has suffered enough. This is an irresponsible move and I am asking for your resignation as acting mayor. Step aside and let someone else be in charge of Anchorage. 

The CDC, American Nurses Association, and individual nurses have been asking the public to stay home due to COVID.

They key word is ask. I am a nurse and as a profession, we respect an individual’s right to autonomy. It is so important a concept, that it is included in the American Nurses Association Code of Ethics because sometimes patients do not follow our recommendations. The healthcare provider informs them of the benefits, risks, and alternatives to treatments, and then needs to respect their decision. That is their right.

Years ago, I provided care for a patient who had a low hemoglobin and needed a blood transfusion. She refused since she was a Jehovah’s Witness adherent, and although we knew she needed the transfusion, we respected her decision. There are times when patients leave the hospital against medical advice. We may not agree with their choice, but we have to honor it.

Likewise, the government must respect the individual’s right to make his or her own decisions, even if the person makes the wrong decisions. And who is to say what is wrong for them? As many people in Anchorage have recovered from COVID-19, should you make laws to limit their rights when they can no longer get COVID or infect others? 

People can wear masks without an ordinance commanding them to do so. People can stay home when they are experiencing symptoms or had contact with a COVID-19-positive individual, regardless of a municipal ordinance.  You should not compound our economic disaster by placing any further restrictions on businesses. And yet, not only have you decided to restrict businesses, but you have chosen to extend the restrictions into our private homes. That is a mistake. You should have faith the residents of Anchorage. Trust the public to do what is right. 

It is time to weigh the negative effects of mandates against the threat of Covid. The World Health Organization is now requesting leaders to end lockdowns.

According to MSN.com, “In the United States, lockdowns have been tied to increase thoughts of suicide from children, a surge in drug overdoses, an uptick in domestic violence, and a study conducted in May concluded that stress and anxiety from lockdowns could destroy seven times the years of life the lockdowns potentially save.” Seven times the years of life that the shutdown would potentially save! This is significant and demonstrates the negative effects of restrictions.

I have heard the argument that it is reckless to end the mandates when the number of cases is high, but I argue it is reckless to continue the mandates.

Leaders must balance the risk of COVID, which is minimal, as many people are asymptomatic, treatments are available, and has a low mortality rate, against the other public health problems of anxiety, substance abuse, domestic violence, child abuse, sex trafficking, and depression.

When you take the time to assess the full magnitude of the problem rather than just looking at one piece, then it is easy to see the solution is to allow the public their freedoms and end lockdowns.  

My mother grew up in German-occupied Yugoslavia. She was told by the government that she could not do many things either. She had to make sure she carried her paperwork.

Yet as a 12-year-old girl, she would ride her bike to bring food to the local troops hiding from the German soldiers. She told me if the Germans found out what she was doing, they would have killed her. It would have been safer for her to stay home, yet she chose not to. If she was still alive, she would not like being told that she could not celebrate Christmas with her family.

Our Municipality’s actions are similar to the restrictions my mom experienced when growing up during the middle of World War II. Please change your mind on these restrictions. Open Anchorage.

Martha Carver started her nursing career in the Air Force. She has worked for many years in med/surg nursing in various states. She moved to Alaska ten years ago and taught at the University of Alaska Anchorage School of Nursing. She is not working as a nurse presently and writes in her personal capacity.