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

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

JUDGE GRANTS EXPEDITED HEARING

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.

Passing: Bud Fate, former lawmaker, dentist, husband to Mary Jane Fate, father in law to Sen. Sullivan

Suzanne Downing
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9
Passing: Bud Fate, former lawmaker, dentist, husband to Mary Jane Fate, father in law to Sen. Sullivan

Alaskan Hugh “Bud” Fate passed on Thursday, Feb. 25, 2021. He was 91.

Fate was well-known in Alaska as a dentist who served many Interior communities, flying himself and his wife Mary Jane, who was a dental assistant, in and out of villages to perform dentistry. He was also known as a House of Representatives member, representing Fairbanks from 2001 to 2005.

He was the father of Julie Fate Sullivan, and the father-in-law of U.S. Sen. Dan Sullivan. His other children were Janine, Jennifer, and Al H. Woods, who was Mary Jane Fate’s cousin.

On the floor of the U.S. Senate in December of 2019, Sen. Sullivan noted Bud Fate as “Alaskan of the Week” in honor of his 90th birthday:

“Bud, who recently celebrated his 90th birthday, is a legend across Alaska. He has been a rodeo cowboy, a college football player, a roughneck, a soldier, a gold miner, a carpenter, a hunter, a commercial and subsistence fisherman, a dog musher, a bush  pilot, a dentist, a businessman, a state representative, an author, an artist—an Alaskan renaissance man through and through. But most importantly, he is a dedicated father, grandfather, husband to his wife, Mary Jane, for 65 years, and a man who has lived his life in service to his country, his State, and his community.”

Mary Jane, who was an Athabaskan elder, died in April of 2020 at age 86.

Bud Fate moved to Alaska in 1951, and lived in Fairbanks and Umiat. He earned his dental degree at the University of Oregon.

In the House, he was vice chair of the Legislative Budget & Audit Committee, vice chair of Resources Committee, vice chair of State Affairs, vice chair of the Special Committee on Oil and Gas, and served on Finance subcommittees for Fish & Game, Transportation & Public Facilities, and Revenue.

He was also the former president of the University of Alaska Board of Regents, was a trustee of the University of Alaska Foundation, served as vice chair of the Alaska Republican Party and was district chair for Alaska Republicans in what was District 33 Fairbanks.

He served as president for the Alaska State Board of Dental Examiners, was on the Alaska Local Boundary Commission, chaired the Alaska Land Use Council Advisory Committee and was an executive committee member for the Alaska State Chamber. He was chairman of the Fairbanks Chamber of Commerce.

Sen. Sullivan was close to his father-in-law and will likely be issuing a statement later today.

Watch Sen. Sullivan’s tribute to Bud Fate at this link from December, 2019.

In addition to losing his mother-in-law and father-in-law, Sen. Sullivan also lost his own father last year, and his mother in 2019.

If you have fond memories of Bud Fate, you are welcome to leave them in the comments.

Passings: Sen. Sullivan’s father Tom Sullivan

Don Young introduces Tourism Recovery Act

Suzanne Downing
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35
Don Young introduces Tourism Recovery Act

Congressman Don Young of Alaska has introduced the Alaska Tourism Recovery Act to enact a cruise ship workaround for closed Canada ports.

Canada’s decision to close its ports to cruise ships has devastated Alaska’s coastal communities, and has caused uncertainty for small business owners and the broader tourism economy, Young wrote.

“If cruises can safely proceed – and I believe they can – then we ought to be doing everything possible to alleviate the stress and anxiety of families whose livelihoods depend on tourists coming to Alaska to experience our great state. Vaccinations continue to ramp up, and daily cases are on the decline. By the time the 2021 cruise season typically starts, I am confident that we will be in a strong position to allow cruises to resume with proper safeguards in place,” Young wrote.

Under current law, the Passenger Vessel Services Act requires cruise ships to make a foreign stop in between domestic port stops. Canada’s decision to close its waters cancels the 2021 cruise season, if a solution cannot be found.

Young’s bill provides a temporary fix by designating roundtrip cruises as foreign voyages, creating a workaround for the the Passenger Vessel Services Act.

“Communities such as Juneau, Ketchikan, Skagway, Cordova, Whittier, and countless others are already suffering from the recession caused by the pandemic. All Alaskans are asking for is the opportunity to open their doors and make an honest living this summer, and we must give them a fighting chance,” Young said.

The U.S. House of Representatives’ Committee on Transportation and Infrastructure has also sent a letter to Canadian Ambassador Kirsten Hillman encouraging the government of Canada and the U.S. to “find a mutually agreeable solution.” The committee proposed permitting stops in Canada without disembarking passengers, something known as a “technical call,” which would meet the requirements of the law.

“It is our hope that this solution would both address the important health concerns of Canadian authorities and allow cruises to resume with the approval of the U.S. Government authorities when it is deemed safe to do so,” the committee members wrote to Ambassador Hillman.

Quick action will be required to save enough of the 2021 cruise season, and it is estimated to take 90 days for the industry to put ships back into service that have been in layup status.

Alaskan of the Year: Jamie Allard, Assemblywoman

Suzanne Downing
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11
Alaskan of the Year: Jamie Allard, Assemblywoman

We polled the Must Read Alaska Facebook universe to see who people would nominate as Alaskan of the Year, and the winner, hands down, was Anchorage Assemblywoman Jamie Allard of Eagle River.

Also mentioned were Sen. Mike Shower, Mayor Charlie Pierce, Bernadette Wilson, restaurant owner Andy Kriner, Commissioner of Administration Kelly Tshibaka, Gov. Mike Dunleavy, and Leo Masters. Sarah Palin got a mention and so did Sara Rasmussen. Even hot-mess Libby Bakalar got a nomination.

But Jamie Allard received over five times the nominations as any of the dozens of others nominated.

Allard is an Army Veteran, member of the VFW Auxiliary Post 9785, mom of two, and a proud wife to her husband, a retired Army Special Forces Green Beret. As an American of Chilean heritage, her family has been Chugiak-Eagle River residents for 11 years. She was elected to the Anchorage Assembly in April of 2020 and has been making liberals miserable ever since.

Voting is now closed. Thanks to the more than 350 people who offered their nominations, and congratulations Jamie Allard!

2022 could be interesting

Suzanne Downing
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8

THE ANCHORAGE DAILY PLANET

It is with more than passing interest we note former Gov. Bill Walker is weighing a reelection bid in 2022.

Walker, a Republican-cum-independent-cum-undeclared-cum-independent and strict adherent of a government-as-religion philosophy, made his living as a lawyer largely by suing oil companies. He ran as a “fusion” candidate in 2014 with Democrat Byron Mallott, who died in May last year.

Walker says he will decide whether to run sometime after the Legislature goes home.

If he decides to run, it will be, to be kind, interesting. He was elected in 2014. In his tenure, he appointed his law partner attorney general, proposed a payroll tax that was dead on arrival in the Legislature and vetoed half the 2016 Permanent Fund dividend. He championed the Alaska LNG Project and balked at cutting government’s size.

Add to that, lingering questions about Mallott’s abrupt departure after allegations he made inappropriate comments to a female acquaintance, which effectively sank Walker’s ill-fated 2018 reelection campaign.

With all that, you have the makings of an interesting race. We wait with bated breath.

Read more at the Anchorage Daily Planet.

Rep. Fields apologizes for sexist remark about Rep. Rasmussen’s body

Suzanne Downing
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0
Rep. Fields apologizes for sexist remark about Rep. Rasmussen’s body

Rep. Zack Fields issued a Facebook apology today for the remark he made on the House floor regarding Rep. Sara Rasmussen.

“I made a mistake yesterday in a floor statement wishing Rep Rasmussen a happy birthday. I apologized yesterday afternoon to her and also apologize to my colleagues and Alaskans more broadly,” he wrote on Facebook.

Fields had commented that Rasmussen is a traffic hazard in her district when she wears short skirts, so in the interest of safety, he’d be sending her a pair of sweat pants for her birthday to wear when she is home in her district.

His remarks came directly after Rasmussen had made a speech on the House floor about the importance of women in lawmaking, and how proud she is to be an example to her daughter and her son for civic involvement. She was announcing the formation of the “Women’s Caucus” in the House, with her and Rep. Ivy Spohnholz as co-founders.

Fields’ apology did not land well in the land of Facebook.

“That is not an appropriate apology for what occurred. Myself and many other in your district are so disappointed. From my friend MC Englund: “This wasn’t just a slight at Rep Rasmussen. It was an insult to all women. Acknowledging the harm is mandatory, as is what steps you’re taking to make sure everyone knows you’ve learned your lesson,” commented one person from his district.

“This ‘apology’ Is straight up gaslighting. No one gets offended from a happy birthday wish. Owning the improper statement and apologizing for THAT is what would be appropriate,” wrote another.

“He’s purposely deflecting and pretending that saying ‘happy birthday’ got him in trouble. It didn’t. Sexualizing a colleague in a public forum is what got him in trouble, and he is trying to obfuscate,” wrote one reader.

“This does not even approach the most basic standards of a sufficient apology for what you have said. I am a constituent man and am absolutely livid about what you said, and even more upset by this weak attempt at a vague and gaslighting apology. I spent two years at UAA working to educate students on bystander intervention and sexual assault and harassment prevention and your actions yesterday and statement today are a perfect example of the kind of toxic behavior that I and many others worked hard to prevent,” another commented.

As for her part, Rasmussen said she accepts his apology and just wants to move on.

But in the world of Facebook, his apology did not receive a single positive comment. The women were, in a word, insulted, and told him to try again.

Spohnholz was contacted by Must Read Alaska for comment but did not respond.

The original Must Read Alaska story and video of the incident from Gavel Alaska cameras can be reviewed here:

Rep. Fields’ sexist joke about Rep. Sara Rasmussen

Rep. Mike Cronk tested positive, has mild symptoms

Suzanne Downing
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8
Rep. Mike Cronk tested positive, has mild symptoms

 Rep. Mike Cronk (R-Tok) tested positive for Covid-19 Wednesday evening. Immediately after receiving the test results, Cronk began quarantining at his Juneau residence. He is currently experiencing mild symptoms.

At this time, no other members or staff have tested positive. Cronk’s staff tested negative as of Thursday morning. Contact tracers began identifying close contacts of Rep. Cronk Thursday morning.

“Coming to Juneau, we all knew the risk,” Cronk said, “but we have a job to do. I will be working from home and look forward to rejoining my colleagues as soon as my doctor clears me.”

Cronk is an avid outdoorsman, hiker, and hunter, and is, by all measures, in excellent foundational health.

Immediately after Cronk tested positive, House leadership and the Alaska State Legislature’s outside health management contractor, Beacon, began implementing pre-established protocols. The House canceled all business for Thursday, and it’s unclear if the House will meet in full session on Friday, of hold a technical session, with only a handful of legislators present.

“Rep. Cronk is one of the most resolved people I know,” Republican Minority Caucus Leader Cathy Tilton (R-Chugiak/MatSu) said. “We hope Mike feels well soon. In the meantime, we will continue the important work Alaskans elected us to do.”

Biden statement with Canada pledges to protect Porcupine caribou

Suzanne Downing
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24
Biden statement with Canada pledges to protect Porcupine caribou

President Joe Biden and Canadian Prime Minister Justin Trudeau on Tuesday issued a statement that they plan to “work together to help safeguard the Porcupine caribou herd calving grounds that are invaluable to the Gwich’in and Inuvialuit peoples’ culture and subsistence.”

The statement was embedded in a wide-ranging statement of shared goals, in which the two addresses climate, the Paris Agreement, Covid-19, gun violence, social media use by extremists, and more.

The Arctic National Wildlife Refuge was mentioned specifically in the statement as being an important ecological component for the caribou.

Former President Donald Trump opened up the coastal plain area of the refuge for responsible oil exploration and drilling, something that is being put on hold by the Biden Administration.

The coastal plain sits on what is believed to be billions of barrels of crude oil that could go in to the Trans Alaska Pipeline System, and could help support jobs and the general economy of Alaska as well as provide royalties to the federal government.

The statement also said that the two countries “will launch an expanded U.S.-Canada Arctic Dialogue to cover cross-cutting issues related to continental security, economic and social development, and Arctic governance.”

The entire statement issued by the White House is at this link.

Breaking: Trump moves quickly to get leases on ANWR, liberal media panics

House of Rep. Covid case means no committees today

Suzanne Downing
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10
House of Rep. Covid case means no committees today

The Alaska House of Representatives has nothing planned for the day, after a member tested positive for Covid-19. The members and staff will remain out of the building, per an order from House Speaker Louise Stutes, and more plans will be forthcoming.

The House has not passed legislation that would allow it to meet remotely, although that was one of the first orders of business in the Senate.

Senate President Peter Micciche said that for now, Senate committee meetings will continue.

Stutes sent the memo out late Wednesday shutting down committee work on Thursday and advising members and staff to remain out of the building.

Gov. Mike Dunleavy also has a case of coronavirus, but he has not been in the Capitol. Must Read Alaska sources say he did not come into contact with the virus at the Alaska Outdoor Council Banquet and was not contagious when he attended the event on Saturday night. He has been self-quarantining since Sunday morning.

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