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Resigning, but optimistic

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By BRUCE TANGEMAN

I know this message may be getting old for some, but many Alaskans have lost perspective on the positive position we find ourselves in. Yes, we’ve suffered through some serious “political paralysis” over the past year, but the message is worth repeating.

Alaska truly is blessed with amazing resources and a healthy balance sheet. Our permanent fund is approaching $70 billion and spins off annual revenue supporting 50% of government spending as well as a cash dividend to every Alaskan who qualifies.

We are expecting final investment decisions in the near future on two projects that will add 250,000 to 300,000 barrels per day to the pipeline. We are the envy of most states and many small countries for that matter. The frantic, sometimes unhinged debate that has taken place over the past year would lead outsiders to think our economy is on par with many of the bankrupt states in the Lower 48. Nothing could be further from the truth.

While painful, this healthy debate over the past year is necessary and was a long time coming. Like it or not, Governor Dunleavy did exactly what he campaigned on: reduce the massive size of government, fight for a full PFD, and not take hard-earned cash from your pocket through new tax schemes. Governor Dunleavy still believes in these principles. Over the past several decades we have been blessed with the ability — and cash — to be all things to all people.

Many have come to realize that we had one helluva run, but things must change. Many others think this gravy train can just keep on chugging. However, Alaska can no longer afford the budgets that were constructed and funded through one revenue stream over the past 30-plus years.

The discussion is turning more and more toward taxes. I’ll admit that I’m on the record stating that someday Alaska will have a broad-based tax. However, I always followed up that opinion by stating this decision should be years if not decades down the road, well past my tenure as commissioner of revenue.

Step one must continue to be fiscal discipline in order to get our spending habits adjusted. That must be accomplished well before we implement any sort of tax. My concern is that once a tax is on the books, the budget in place at that time will be the new base going forward. Cutting below that will be nearly impossible and the budget will only go up from there.

I believe our population and workforce is far too small to provide the level of revenue we would need to extract from working Alaskans in order to continue a “business as usual” approach to budgeting that includes the PFD. We’ve all heard the many angles and perspectives on the PFD: It’s a God-given right; it’s a welfare check; it’s free money; reducing it is a “tax”; it’s our birthright.

Regardless of where you stand on the PFD issue or government spending in general, it all comes down to math. The math is simple but unfortunately does not balance despite the governor’s best efforts: Government spending and services + PFD does not equal currently available revenue. I give Governor Dunleavy tremendous kudos for tackling the government spending issue and trust he will keep up the battle he has undertaken.

As the commissioner of revenue, I look at any potential tax implementation and its interaction with the current revenue streams and budget expenditures as a fairly simple exercise. The politics and policy are extremely difficult but the math is simple: A new tax means the department I’m responsible for will have to stand up a bureaucracy in order to extract revenue from the private sector. Or in the case of an oil tax change, take more money from the companies that are willing to invest the billions we as a state do not have yet is required to monetize our resources. Any new tax will be used to sustain this unsustainable budget, as well as provide the revenue to distribute PFD checks every October as the Department of Revenue has done for 38 years.

When I accepted the job of revenue commissioner I did so based on a path forward in which the math equation allowed for the available revenues to be split between a healthy but reduced government and provide net-positive revenue to Alaskans through the PFD. It is apparent that many have not accepted the realization that our three decades of spending patterns cannot continue.

I have loved serving the state of Alaska and Governor Dunleavy as commissioner of revenue. I’ll never forget the very sage advice Governor Dunleavy gave to his commissioners at one of our first Cabinet meetings. To paraphrase, he said, just run our departments. Don’t let the policy/politics swirling around get in the way of us doing our most important job… serving Alaskans.

I have been blessed with the best department in the entire state and really wish it was that simple. But my department will be at the heart of all discussions this session as it usually is, and I want the governor to have someone who is 100% aligned with his vision. I have therefore notified the governor that I will be resigning from his Cabinet.

I will continue in my position for as long as he needs so a smooth transition can take place. I will remain optimistic about Alaska’s future but we must agree to start walking down this path together not for our own perceived immediate needs but for the tremendous future that I believe Alaska will continue to have.

Bruce Tangeman was appointed commissioner of the Department of Revenue in late November 2018. He previously served as policy director for the Alaska Senate majority, vice president and chief financial officer of the Alaska Gasline Development Corp., and deputy commissioner in the Department of Revenue during the administration of Gov. Sean Parnell.

Breaking: Revenue commissioner resigns

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Department of Revenue Commissioner Bruce Tangeman has resigned. 

“Bruce has dedicated a significant portion of his life to public service and I thank him for the outstanding work he has done within my administration. His leadership and oversight of the Department of Revenue enabled many lasting changes and efficiencies. His character and strong work ethic have been a valuable asset to our team,” said Governor Dunleavy. “I wish him all the best for his future endeavors.”

Commissioner Tangeman will oversee the rollout of the upcoming Fall Revenue Forecast and the FY2021 Budget, and continue in his role until a replacement is found to ensure a smooth transition.

Tangeman joined the Administration last year after serving as policy director for theAlaska Senate majority, and vice president and chief financial officer of the Alaska Gasline Development Corp. He was deputy commissioner in the Department of Revenue in the Parnell administration.

Data point: Crooked Creek homicides equal 2% of residents in 90 days

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Alaska State Troopers arrested a 30-year-old Crooked Creek man on Saturday, charging him with first degree murder in the death of a 26-year-old family member.

Troopers say Ronald Waskey and Evan Waskey were involved in an altercation, during which Evan died. Ronald was arraigned Monday and is now in custody at the Yukon Kuskokwim Correctional Center.

On Sept. 23, Troopers arrested 29-year-old Harold M. Gregory, after a woman’s body was found at a residence in Crooked Creek six weeks earlier. Gregory is being held on a Murder II charge in the Yukon Kuskokwim Correctional Center.

Crooked Creek has been losing population. A decade ago, it was home to more than 135 people. This year it has — or had — a population of about 94, according to the State Division of Community and Regional Affairs, which means the village has lost two percent of its population to murder in the past 90 days.

To compare, if Anchorage had seen a 2 percent murder rate, that would be more than 5,800 murders in the last 90 days.

Statewide, it would be as if 14,200 Alaskans had been knocked off since August.

Instead, Anchorage is aghast because the murders this year have totaled 26 known homicides so far. That’s closing in on last year’s total of 28 in the municipality.

[Read: 11th murder puts Anchorage ahead of pace from 2018]

Two murders in 90 days, is a relatively small number for those on the road system worried about the triple homicide this month in Wasilla. Anchorage is averaging more than two per month.

But for rural Alaska villages like Crooked Creek, the isolation, close family relationships, and lack of law enforcement make it especially troubling when two people end up dead, and another two end up in jail. Between the two, and the two accused in their deaths, four percent of the village was somehow directly involved in a murder since August, not counting the parents, siblings, cousins, and extended family of the victims, who suffer the grief and sorrow. There are very few last names in a rural Alaska village, and only 31 families altogether.

Crooked Creek, 120 miles up the Kuskokwim River from Bethel, is served by the Village Public Safety Officer program through the Association of Village Council Presidents. But the village tribal government has no public safety facilities of any kind, according to AVCP’s assessment of public safety.

Camarena turns himself in

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Juan Camarena, wanted in connection with a Nov. 2 triple homicide in Wasilla, called the Alaska State Troopers and arranged to meet at a Wasilla location, where he was taken into custody Thursday at 11:30 am. He was brought in on an unrelated warrant relating to federal charges.

Troopers had put out a notice asking the public’s help in locating the 51-year-old Californian, after three bodies were found off of KGB and Knik Knack Mud Shack Road.

[Read: Who is this Juan Camarena? Sought in connection with triple murder]

Do state deadlines matter? Cannabis chocolatier wants to know if regulator cares

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TAKES COMPLAINT TO OMBUDSMAN

Dave Lanning co-owns a small cannabis manufacturing business in Fairbanks. Among the product lines at Arctic Bakery are dark chocolates infused with cannabis.

Lanning wants to branch out. In addition to plain dark chocolate, for which he has a permit from the Alaska Marijuana Control Office, he wants to sell orange-flavored and raspberry flavored cannabis chocolates.

He sent his application in to the AMCO two days before the Oct. 25 deadline so his product could be considered during this week’s board meeting, which started Wednesday.

The small-business owner was surprised, then, to find his application had not been included on the agenda. “Why?” he asked the staff. Because they didn’t have time to get to it, he was told.

His application to allow him to add a drop of orange flavoring to a piece of chocolate would not be heard until 2020.

That means that even though Lanning complied with a state deadline, he’ll miss the Christmas holidays for his confections. It’s not catastrophic, he said, but it’s also not an insignificant financial setback to have to delay this product until next year.

“I was stunned to pick up the agenda and see that only two of the 32 applications were on it,” he said.

Lanning took his complaint to the board on Wednesday, only to be told by Board Chairman Mark Springer that Lanning should have gotten his application in “earlier.”

Lanning has no idea what defines “earlier.” Two weeks? A month before the deadline? Why even have a deadline? he wondered.

The staff is working hard, Springer said, defending the executive director (who was fired later in the meeting).

[Read: Marijuana board votes out agency director]

Lanning was unsatisfied with that answer and filed a 45-page complaint with the State Ombudsman documenting his application and communications between himself and AMCO staff.

From the perspective of a business owner, if there’s a published deadline, the regulated industry has the right to expect the agency to do its job, he said.

Must Read Alaska has learned that there are multiple positions at AMCO that are funded but unfilled under the leadership of the former executive director Erika McConnell. Additionally, the office is supposed to be funded through fees and taxes on industry — an industry that can’t get permits in a timely way.

Lanning’s story was one of several brought up this week to describe the disappointment that the marijuana industry has with the AMCO level of service to the fledgling industry. Business owners also fear retaliation, especially from the previous director, who was described to Must Read Alaska by some as vindictive.

McConnell was replaced with Glen Klinkhart on Thursday.

[Read: Marijuana agency hits restart button with new chief: Glen ‘Fix It’ Klinkhart]

Lacy Wilcox, the president of the Alaska Marijuana Industry Association, spoke to the board this week about the rapidly growing industry and its need for an effective and responsive regulatory agency.

“We perhaps more than anything, hope for recognition that the industry is comprised of hard-working Alaskans, with few exceptions, who perhaps more then any other sector are ‘all-in’ and stand ready to work with regulators to create a sustainable and fair business environment. In that vein, those dedicated entrepreneurs are asking for respect and courtesy from our regulators and wish that the days of being treated like a criminal can finally end,” she said.

The association published a statement on Thursday acknowledging the right of the Marijuana Control Board to change the leadership at the
Alcohol and Marijuana Control Office, but called out Chairman Springer and Vice Chair Loren Jones for claiming the industry seeks less regulation.

“We have in fact never asked for that. We seek consultation. Industry professionals are experts on how the cannabis plant is grown, processed, sold, and consumed. We have submitted public comment on several occasions asking AMCO to conduct meaningful consultation with the industry. Blatant disregard for industry input will only result in regulations and guidelines that hinder commerce and fail to protect public health and safety.”

Wilcox has asked the board to help improve communication to licensees — more transparency with board meetings, timely meeting minutes, audio archives, guidance documents, efficient teleconference providers, clearly written AMCO advisories, and an archive of regulatory bulletins.

“When communication is lacking, and when guidance isn’t easily available, mistakes happen. When mistakes happen, a trusting industry to regulator relationship could benefit from self-reporting. This has proven to be a bad idea for licensees fearful of heavy-handed enforcement. We ask that reasonable judgement be used to guide and assist business into compliance rather then push licensees back under the rock they invested their livelihoods to come out from under. We look forward to a future when this industry is treated as it should be, as a vibrant new player in the fabric of Alaska’s economy,” she said.

As for Lanning’s complaint to the Ombudsman, he had three main points:

  • The AMCO agency fails to honor published deadlines and perhaps fails to understand the common definition of a deadline.
  • This is typical of the way AMCO has been operating, and demonstrates bad faith and a habitual disregard for published notices.
  • AMCO staff knows it has an effect on the family businesses they regulate, but their actions demonstrate an uncaring attitude.

Not so fast: No speedy court date for recall group

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The Recall Dunleavy group was out of luck today in front of Superior Court Justice Eric Aarseth, who set the court date 10 am on Jan. 10 to hear the merits of the recall petition application, which was denied this month by the Division of Elections.

The pro-recall lawyers argued that with an expedited schedule, they would be able to get enough signatures to force a recall election by spring, before the next state budget is issued. The FY 2021 state budget seems to be the group’s main argument for asking for the court date for December.

To ask for an expedited schedule, the petitioners have to show actual harm, so the recall group did its best, but the real harm they were trying to avoid is having their base of support fizzle. Also, they want a special election, rather than having a recall put onto the General Election ballot next November. A court case dragging out is a bad thing for their strategy.

The judge today seemed to have understood the difference between real harm and contrived harm.

Arguing on behalf of the Division of Elections was Assistant Attorney General Margaret Paton-Walsh and the Stand Tall With Mike attorney, Brewster Jamieson. The newly formed STWM group has joined the case officially and hired former Gov. Bill Walker Attorney General Craig Richards as counsel in addition to Jamieson.

The State argued that a case as important as a precedence-setter like this one shouldn’t be decided in haste.

Appearing on behalf of the pro-recall group was former Gov. Bill Walker Chief of Staff Scott Kendall and former Walker’s Attorney General Jahna Lindemuth, two ambitious political attorneys who are relaunching their legal careers after Alaskans voted them and their governor out of office one year ago.

The January hearing will determine if the Attorney General and Division of Elections acted properly by denying the application on the basis of it lacking any legitimate cause for recalling the governor.

Oral arguments on Jan. 10 are scheduled for two hours. Meanwhile, briefings will take place over the next two months, with motions and cross motions for summary judgments, agreements made ahead of time that address basic legal issues that don’t involve disputes about facts.

A decision can be expected toward the end of January, and a date with the Alaska Supreme Court could come in March, at the court’s discretion. The final decision by the Alaska Supremes will determine if the recall advocates can proceed to collect the 79,000+ signatures they need to force the matter into a special recall election.

Alaska Statute says that if the court decides they can collect the signatures, and if they actually do collect them, the Division of Elections then has 30 days to verify those signatures. The division would then set an election no sooner than 60 days and no later than 90 days after notifying the petitioners of the certification of the signatures.

The pro-recall group is hoping to get a special election set before the August primary; it would work to their benefit to not be lumped with other items on a regularly scheduled election, but to only attract a highly motivated and angry voter.

[Read: New judge named for recall hearing]

Marijuana agency hits restart with new chief: Glen ‘fix it man’ Klinkhart

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One day after the Alaska Marijuana Control Board fired the head of the Alcohol and Marijuana Control Office, Gov. Michael Dunleavy has tapped a replacement: Glen Klinkhart.

If the name sounds familiar it’s because he is a well-known retired police detective, true crime author, and public speaker, who was most recently was asked by the Dunleavy Administration to help repair the crisis that unfolded after the Walker Administration left the Alaska Psychiatric Institute in shambles.

That institution has seen a turnaround: While during the Walker Administration under the oversight of Commissioner of Health and Social Services Valerie Davidson, it was down to using only 24 of its beds, it’s now up to 48 of its 72-bed capacity. Morale has improved and API has curiously disappeared from the voracious news cycle.

[Read: “Alaska Psychiatric Institute workers have turned it around]

It’s apparent the Dunleavy Administration has faith that Klinkhart can do the same quick turnaround for the Alcohol and Marijuana Control Office.

TIMELINE

On Oct. 3, the Alcohol Beverage Control Board voted unanimously to fire McConnell. But the chairman of the Marijuana Control Board refused to schedule a special meeting to take up the matter.

[Read: Alcohol board votes to oust executive director]

AMCO Chairman Mark Springer of Bethel told board members the matter could wait six weeks.

During that time, the agency has been falling further and further behind in its work — there are matters pertaining to distilleries and breweries, as well as dozens of applications for marijuana licenses of various types, and enforcement. All of these have some mom-and-pop business somewhere in Alaska hoping for a decision about their livelihood.

The board that governs the marijuana agency is now on Day 2 of its scheduled fall quarterly board meeting.

On the morning of day one, on a motion made by board member Bruce Schulte, the vote was 3-2 to fire McConnell.

[Read: Marijuana board votes out executive director]

An interim director was put in place on Wednesday — James Hoelscher, the agency’s top enforcement officer.

On Thursday, Klinkhart was introduced to the marijuana regulatory board by Assistant Commissioner of Commerce Amy Demboski.

WHO IS KLINKHART?

Klinkhart has been working at the Department of Health and Social Services, with the title of “Project Coordinator,” but as of today, he’s at the Department of Commerce, where he takes over the alcohol and marijuana agency, which has been in a muddle for some time.

In 2000, Klinkhart created the State of Alaska’s first law enforcement computer crime unit. He was responsible for developing new and innovative computer crime investigation techniques, policies and procedures that helped revolutionize the prosecution of electronic crimes within the State of Alaska. In 2006 Glen began an information security and computer forensics consulting firm, which he sold in 2016, when he started an investigations firm, and a media company, SecurusMedia.

Born and raised in Anchorage, Klinkhart spent 17 years working hundreds of murder cases and thousands of cyber crime investigations. He’s been featured on numerous crime shows on major television networks.

He is also an author of “Finding Bethany,” a true-crime memoir, and “An Internet Cop’s Guide to Child Safety.”

He was a board member for Victims for Justice and AWAIC, a domestic violence shelter in Anchorage.

What is the signal coming from the Office of the Governor, picking a law enforcement expert to run regulatory agencies for both alcohol and marijuana?

It’s likely not so much about enforcement as getting the office to function as an “open for business” agency.

During the Marijuana Control Board meeting on Wednesday, board members heard from unhappy business owners, who told the board that the agency was unresponsive, punitive, and appeared to presume the worst from the industry, treating them as though they are criminals.

David Lanning, general manager of Arctic Bakery in Fairbanks, told the board he was filing a complaint with the State Ombudsman because, although he had met the AMCO deadline for an application for a new product, the proposed product did not appear on this week’s agenda for consideration.

With Klinkhart, the industry may raise an eyebrow because, after all, he is a retired detective.

Demboski, in introducing Klinkhart as the interim director, said the governor has taken the concerns of the industry seriously.

“We want to do the right things but we also want to thrive, and make a living. those two things are not mutually exclusive,” Klinkhart told the board, speaking from his experience as a former business owner.

Hey, Congress: Stop messing with our internet

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By ANITA HALTERMAN

Over the past couple of decades, Alaska has seen significant technological improvements, specifically in relation to the Internet and connected broadband.

Thanks to expanded broadband, Alaskans have the ability to be connected to anyone anywhere at any time. This expanded access to connected broadband opens the door to endless innovation and opportunities. From advancements like distance learning to telemedicine and all things in between, the connectedness of the Internet allows Alaskans to have it all.

One of the best examples of the innovation that connected broadband fosters is telehealth. Because of the advanced technology that the Internet makes possible, we have the potential to transform the way we deliver heath care and train medical providers.

The Internet makes it simpler for medical professionals to provide care or connect primary care providers to people in rural, unserved areas of the state. Expanded broadband also has the potential to more easily connect Alaskan doctors to specialists at academic centers in the lower 48, allowing for better care, and streamlining the process of continuing education.

The Internet in Alaska is about to get even faster. Soon 5G data will revolutionize our Internet, making connection faster and easier than ever before. It will open new markets and new pathways to innovation, allowing us to take advantage of the widespread connectedness that facilitates activities in our everyday lives.

With 5G connected broadband, opportunities and open doors for Alaskans will be limitless. We will truly have the world at our fingertips in a way we have never before experienced. 

This cutting edge technology will provide an extraordinary opportunity to expand access to health care for Alaskans. It will enable us to better serve underdeveloped areas and treat complex conditions that need specialized attention. From an educational standpoint, we can use this expanded broadband and 5G connection to further educate health care professionals.

As both technology and medicine advance and evolve, it is critical that our doctors remain up to date on the research, practices, and procedures and have access to the continuing education that they need.

These advancements are incredible and have the potential to help innumerable communities in our state; however, Congress wants to impose bureaucratic red tape that will interfere with our ability to enjoy the benefits that connected technology offers.

We rely on the Internet every day; it aids our ability to carry out tasks as simple as household chores and our everyday routines to more complex, professional processes like telemedicine. The gift of connected broadband – and eventually 5G connectivity – has improved – and will continue to improve – our lives in tremendous ways and offer innovative solutions to both simple and complex processes.

Technology is changing every day. And with changing technology comes better and more innovative tools. These tools serve Alaskans in many ways and continue to transform the way we teach, learn, deliver health care, develop and protect our environment, and more. In many situations, connected broadband offers unique solutions to needs in our daily lives, revolutionizing the way that we ask, work, and seek answers.

Alaskans across the state cannot afford a bureaucratic takeover of the Internet; these regulations would be catastrophic. Whether it’s being used for education, telemedicine, resource development, or household tasks, the Internet has become a vital part of our everyday lives. Our state would experience serious setbacks if liberals in Congress impose bureaucratic regulations that impeded our access to a free and open Internet.

We need our lawmakers to push back and stand up for our state. We’ve come too far for Congress to step in and mess with our Internet. Without connected broadband, Alaskans will fall behind in the digital age; we need the Internet to remain connected and up to date. Our federal representatives should put Alaska first and stop this government takeover of the Internet.

Anita Halterman was President of the Alaska Collaborative for Telemedicine and Telehealth in 2017 and has served as a Director since. She worked on the first Telemedicine Medicaid reimbursement regulations in the nation starting in 2001 and carried state legislation for Telemedicine in 2016.

New judge for recall hearing to set schedule for judgment

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The effort to recall Gov. Michael Dunleavy will be taken up in court on Thursday with a new judge.

Last week, Anchorage Superior Court Judge Jennifer Henderson listened to oral arguments on whether the petition process should go forward. But on Tuesday, she asked for the case to be reassigned because of her pending workload.

The judge assigned the case is Eric Aarseth, who is, unusual for a judge in Alaska, a registered Republican who was appointed by Gov. Frank Murkowski in 2005, and has been retained by voters six times.

Aarseth is a retired U.S. Army Captain and is a Lieutenant Colonel in the Alaska Air National Guard. In one of his recent high-profile political cases, he ruled that the Division of Elections had counted ballots properly in the 2018 House race between Fairbanks Rep. Bart LeBon and Kathryn Dodge. LeBon had won by one vote.

The Recall Dunleavy group, represented by several lawyers led by former Gov. Bill Walker’s Chief of Staff Scott Kendall and Walker’s Attorney General Jahna Lindemuth, are arguing for an expedited schedule so the recall vote can take place this spring — before the state budget is finalized.

“While the Administration may not see a reason to expedite this case, there is substantial reason to provide a prompt determination of whether the citizens of the state should be permitted to exercise their right of recall,: the lawyers for Recall Dunleavy wrote.

They also adjusted downward the number of people who signed the petition. The Recall Dunleavy organizers had told the media that over 49,000 people had signed the recall petition, but now admit that 46,405 were qualified to do so (eliminating out-of-state names and duplicate signers such as Democrat Rep. Harriet Drummond.)

Lawyer Kendall says that the Division of Elections has “unlawfully denied” the petitioners the right to move forward with this version of their petition.

“The citizens have a right to begin collecting signatures for the next round, and have the recall election scheduled within 60 to 90 days of the next round of signatures being validated. If the petition had been lawfully certified on November 4, the day of the unlawful denial, Plaintiff expects it could have submitted sufficient signatures by the end of the year, causing a recall election to be scheduled in early spring. Alaskans could then have a different governor address the legislature’s budget and other laws proposed during this upcoming session. This is still possible with an expedited schedule.”

Spring would also coincide with the Alaska Democratic Party’s state convention in April, which would excite the base of the party. 20 percent of all registered Democrats in the state of Alaska have signed the recall petition.

The scheduling conference for the lawsuit by Recall Dunleavy vs. State of Alaska Division of Elections begins at 10:30 am in Anchorage.