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Legal opinion: Education initiative is ‘aspirational,’ has no measurable standards

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‘WELL INTENTIONED, POORLY EXECUTED’

A legal opinion provided to the Anchorage Superintendent of Schools last month points out a number of flaws in the current self-identified “Education Bill of Rights,” which is in the signature-gathering stage. Proponents hope to get the ballot initiative onto either the Primary or General Election ballot this year.

An opinion from the law offices of Holland & Knight point to a number of problems with the initiative — everything from funding, to actual measurable standards to legal disputes between school boards and the State of Alaska.

[Read: Sweeping education initiative approved for signatures]

Some of the main points of the Holland & Knight legal opinion include:

  • “The Initiative seems not to appreciate or understand the current relationship between DEED and local school districts, and in several places, it potentially usurps the control and authority of local school boards.”
  • “Without any funding mechanism, the Initiative establishes aspirational goals but is imprecise as to how those goals will be achieved, which entities will be responsible for those goals, and how programs designed to meet these objectives will be funded.”
  • “The Initiative contains a number of aspirational statements … the challenge is how to convert these aspirational statements into actual policy, practices, and expenditures, and in determining which entities are responsible for these tasks.”
  • “The Initiative proponents describe their proposal as establishing ‘an education standard’ … but a ‘standard’ is typically something that can be measured or defined. It might be more accurate to describe the Initiative as proposing ‘goals’ or ‘aspirations.’”
  • “It seems likely that the Initiative, if enacted, could diminish the role of school boards, could create room for conflict between school boards and DEED, and could lead to other unanticipated legal disputes.”

Although the opinion was released to the school district in October, it had not been made public until obtained by and posted this week at the Alaska Policy Forum.

The costs of the initiative are unknown, as described in an opinion from the Office of Management and Budget, which said, “Without additional detail, an accurate cost estimate cannot be developed at this time. Further, the impact of the additional detail required is an unknown variable. The department recommends the Alaska Legislature as the appropriate body to undertake the public process of defining the additional detail and direction required to prepare an accurate cost estimate for this comprehensive ballot initiative.”

The opinion of OMB on the cost of the measure can be found at this link.

Who in America will be counted first in 2020 Census?

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IT’S ‘LIZZY’ FROM TOKSOOK

The Wall Street Journal today reports the first person to be counted in the U.S. Census will be Lizzy Chimiugak of Toksook, when the 2020 Census starts in January in the village.

The elders wanted the village’s oldest person to be counted first, but no one knows if the oldest is Alois Lincoln or Lizzy Chimiugak, who both might be 89 years old, although they aren’t sure. Back when they were born, precision on their birthdate wasn’t a priority.

“They guessed back then,” resident Charles Moses told the reporter from the Journal.

The first person to be counted will be Lizzy Chimiugak, the newspaper reveals.

Chimiugak was born in a nearby village and moved to Toksook in the mid-1960s. She is considered an elder who passes down both cultural history and the Yugtun language,.

The story, behind the newspaper’s paywall, advances the process for how the count will take place in Alaska’s remote villages — a very old-fashioned process that is done by hand.

And the person who will conduct that first count in Toksook is Steve Dillingham, the director of the Census Bureau, who will travel to Nelson Island in the Bering Sea, where “residents still catch herring, hunt musk-ox and pick berries to eat,” wrote Janet Adamy for the Wall Street Journal.

Ms. Chimiugak was featured in August in the Delta Discovery, an online publication.

[Read: The art of the wooden passin.]

Pushback: Dunleavy speaks against campaign to keep Tongass locked down

GOVERNOR REMINDS DEMOCRATS ABOUT STATE SOVEREIGNTY

Anti-timber forces are so bent on keeping Southeast Alaska’s economy locked down, they are shaking their fist over a $200,000 grant from the Department of Natural Resources to the Alaska Forest Association to study what areas might be of economic value for timber, tourism, camping, and hunting in the 9.5-million acre Tongass National Forest.

The Southeast Alaska Conservation Council wants the Tongass preserved as a carbon bank for the rest of the world, an offset for climate change, if you will. The group has been calling on lawmakers from Michigan and Arizona to help stop any roads from being ever built in the forest.

Under the Trump Administration, the U.S. Forest Service proposed a new rule that would open some areas up for human use. After all, the national forest is considered a multi-use forest, but people can’t use it if they can’t access it.

Gov. Mike Dunleavy is all for the change conceptually, and he wants the State to provide the best input possible into the six alternatives for the new federal rule. The public comment period ends Dec. 17.

SEACC, a radical environmental group based in Juneau, doesn’t want the Dunleavy Administration to provide that informed comment. It’s objecting to the use of funds to study the six alternatives. It filed a public records request about the small grant the State gave, and passed its information onto willing allies in Congress.

At the behest of SEACC, Rep. Raul Grijalva, an Arizona Democrat who chairs the House Resources Committee, and Sen. Debbie Stabenow of Michigan are asking for an investigation into that grant.

But Gov. Dunleavy is having none of it. He issued a blistering statement this week taking aim at uncalled for meddling by SEACC and the Outside Democrats from states where forests are managed for multiple uses.

Here’s how Dunleavy explained the grant: After the Alaska Division of Forestry received $2 million from the Forest Service in 2018, it approved a subgrant of up to $250,000 to the Alaska Forest Association to conduct an economic analysis of the six alternatives in the environmental impact statement.

The analysis “is both important and necessary to determine where harvesting may take place while using the best available industry practices,” the governor wrote.

“Lifting the Roadless Rule also creates new recreational opportunities in the Tongass like kayaking and hiking for Alaskans and visitors from around the world and can increase connectivity between communities in the Southeast region.” – Gov. Mike Dunleavy

“This is another example of extreme environmentalists deliberately cherry picking information to distort and mislead the American public and members of Congress. The grant was appropriate and legal, all the information anyone needs to reach the same conclusion is readily available to the public.” – Gov. Mike Dunleavy

“I respectfully suggest Congressman Grijalva and Senator Stabenow do their homework before asking a federal agency to conduct a costly, time consuming and ultimately pointless investigation into a grant that will provide essential information about lifting the Roadless Rule. Exempting the Tongass from the Roadless Rule will create new jobs and economic activity in a region hard hit by the misguided policies of a previous administration,” Dunleavy said in his statement.

“As Alaskans we continually need to remind the Washington D.C. establishment that Alaska is a sovereign state. As Governor, I will continue to use our resources and assets to the benefit of all Alaskans.” – Gov. Mike Dunleavy

SEACC wasn’t the only group that raised its fist over Alaska’s study of the alternatives in the EIS.

Working hand-in-glove with the environmental operatives, Alaska Public Media’s Energy Desk asked for the same records in September, and published a news story to show that DNR had made a grant to the Alaska Forest Association, while pointing out it had not made a grant to tribal governments.

[Read the Energy Desk story: Why was fire prevention funding used on the Roadless Rule process in Alaska? Congress members want to know.]

The Tongass National Forest is the largest national forest in the United States, with 16.8 million acres.

Established in 1907, only 400,000 acres have been harvested to date, or 4 percent of the 9.4 million acres that is forested.

Juan Camarena indicted for felon in posession of ammo

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LONG LIST OF PRIORS INCLUDE DRUG DEALING

Juan Camarena of Wasilla was indicted today with one count of felon in possession of ammunition.

Camarena is still a person of interest in the triple homicide in Wasilla on Nov. 2, 2019. His indictment and incarceration keeps him off the streets while an investigation continues into the homicides. Camarena has a long history of gang activities in California.

[Read: Who is this Juan Camarena? Wanted in connection with triple homicide]

Camarena turned himself in on Nov. 14 after Alaska State Troopers put out a bulletin asking the public for help in locating him.

[Read: Juan Camarena turns himself in]

During the course of the triple homicide investigation, law officers discovered Camarena’s possessed ammunition stored in his trailer.

Camarena’s six convictions in California between 1987 and 2015 are listed in the indictment and his crime spree spanned 34 years, including possession with intent to distribute meth, assault with a deadly weapon, felon in possession of a firearm, evading peace officer, possessing, manufacturing, and selling dangerous weapons, and street gang participation.

Between, on or about Nov. 1, 2019, to Nov. 11, 2019, Camarena illegally possessed 12 9mm rounds located in the bathroom cubby, one .40 live round located in a magazine on the shelf in the bedroom, one 9mm live round located in the living room, one .45 live round located in the bedroom closet, and one 9mm live round located in a cubby behind the toilet.

In the U.S. Attorney’s press release, no mention was made about the link to the triple murders, which is in the hands of State Troopers. If law enforcement has anything on Camarena, they’re not saying yet. But they’re asking for the public’s help with information regarding Camarena’s activities. The public may contact Troopers at 907-352-5401.

If convicted on the federal charges relating to his possession of ammunition, Camarena faces a statutory maximum of 10 years in prison, a $250,000 fine, and 3 years supervised release. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history.

The Alaska State Troopers, the Alaska Criminal Intelligence Center, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Anchorage Police Department, and the Federal Bureau of Investigation conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Karen Vandergaw.

Anchorage budget: 14.5 % increase since 2014

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The Anchorage Assembly has passed yet again the largest budget in the city’s history. At $540 million, it’s 14.5 percent more than the budget approved under previous Mayor Dan Sullivan back in 2014.

Every year of the Berkowitz Administration has seen record-setting budgets for Alaska’s largest city.

In that same time, the city’s population has declined by 7,000 people and the commercial vacancy rate has reached the highest level ever measured — 15 percent vacancy for Class A office space.

The budget was approved by all members of the Assembly on Tuesday and includes $735,000 for 150 shelter beds for homeless people for the next 12 months — through the summer months, as well as winter. Of that amount, some $290,000 would come from the sale of Municipal Light & Power to Chugach Electric Association.

There will also be an additional four officers added to the Anchorage Police Department.

A homeowner with a $350,000 valuation will pay an additional $20 next year in property taxes.

How much to solve homelessness?

ANCHORAGE DAILY PLANET

Anchorage Assemblywoman Meg Zaletel wants to spend about $2.4 million for a new round-the-clock homeless shelter for about 150 in Midtown.

The money would come from $250,000 in existing Anchorage Health Department funds and a budget cut of less than 1 percent across all city departments except for “depreciation, debt service, the Anchorage Police Department and the Anchorage Fire Department,” her proposal says.

The proposed shelter would be separate from the Brother Francis Shelter, also with a capacity of up to 150 people. Which lucky neighborhood would get the honor of hosting the new shelter is unspecified.

That brings up questions. With the homeless population in Anchorage on the rise and with spending on the homeless also climbing, you have to wonder: How much money will be enough – $2 million, $20 million, $60 million? Where will it end? To an average citizen it appears that the more we spend, the more homelessness we get.

Too many, the city’s homelessness funding is looking a lot like education spending. When the education industry is asked how much it needs to fix its problems, the answer is always and emphatically “more.”

It appears those who see more and more funding as the answer to the city’s homelessness problem have learned well.

APOC special meeting takes up ‘Interior Voters’ case

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The Alaska Public Offices Commission scheduled a special meeting for 2 pm Wednesday, Nov. 20 to update the commissioners on the status of Donna Patrick, et al. v. Interior Voters for John Coghill.

In October, an Anchorage Superior Court judge extended Alaska’s $500 contribution limits to not just campaigns, but to independent political speech. Judge William Morse ruled that the $500 limit also applies to independent expenditure groups and super PACs.

The lawsuit was brought by a political advocacy group in Washington, D.C., and would have a stark impact on Alaska elections.

The State of Alaska has challenged the ruling, asking for a rehearing because some important elements were left out.

The case stems back to the 2010 Citizens United Supreme Court decision; the Anchorage judge’s decision seems to defy that ruling.

Wednesday’s meeting is meant to answer questions of commission members and update them on the court case.

Teleconference number: 1-800-315-6338, Code 41761#

[Read: State asks for rehearing on Interior Voters case]

[Read: Outside group complains about Alaska super-PACs]

Murkowski sees Biden, Klobuchar as working well with Republicans

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BUT NOT BERNIE SANDERS OR ELIZABETH WARREN

In an article that focuses on the views of moderate Republicans in Congress, Alaska Sen. Lisa Murkowski said she sees presidential candidate Joe Biden as someone who could work across the aisle with Republicans.

“Think about some of the initiatives Biden has worked with, whether it’s Leader McConnell or just worked on a bipartisan basis. The fact that he has legislative, congressional experience and had to work in a legislative body and then worked with President Obama as one within the administration working with a legislative body does give him a level of experience that’s useful,” Murkowski told the newspaper.

Murkowski, who has a knack for bipartisan legislation, was able to rattle off three of Biden’s biggest accomplishments as vice president:

  • Working with Senate Majority Leader Mitch McConnell to extend expiring tax cuts after the 2010 elections,
  • Raising the debt limit in the summer of 2011, and
  • Avoiding the the “fiscal cliff” at the end of 2012.

Biden played a key role in recruiting three moderate Republicans –Sen. Susan Collins and then-Sen. Olympia Snowe of Maine and Arlen Specter of Pennsylvania — to support the 2009 American Recovery and Reinvestment Act, which increased government spending to offset a downturn in the private sector.

Murkowski also said Klobuchar is a Democratic candidate who would likely work effectively with Republicans. 

But Murkowski doesn’t hold much hope for working on a bipartisan basis with Elizabeth Warren or Bernie Sanders.

“All you need to do is look at their approach to legislating,” she said the two.

“I have worked on a few initiatives with Sen. Warren — I think some of the health care things we’ve done jointly focus on rural health outcomes. But in terms of one who is known for building those bridges with the other side legislatively, neither one of the two of them have in their Senate careers really focused on that,” she said.

[Read: Key Republicans say Biden can break Washington gridlock]

Biden is known for his bipartisan relationships. He flew to Alaska in 2010 to speak at the funeral of Sen. Ted Stevens, and during the first Democrat debates this year was the only candidate to actually say the word “bipartisan.”

Sanders and Warren, on the other hand, have taken a hard line against working with the GOP.

Sen. Sanders said there’s “no middle ground” for him on progressive issues.

National Review has a different view of “Uncle Joe,” and his hyper-partisan nature:

“Biden’s career serves as a neat summary for much of the ruthlessness that Americans hate about our government, and he has managed to use his gaffe-prone nature to disguise his record of intense, bitterly partisan politicking. This trick was perhaps never more evident than in his egregious treatment of Reagan Supreme Court nominee Robert Bork — whom he successfully prevented from reaching the Court — and his similar but failed effort to prevent Clarence Thomas’s confirmation. Biden treated these two men disgracefully and in doing so played a crucial role in distorting our judicial-confirmation process so severely that it will likely never recover.

“Serving as chairman of the Senate Judiciary Committee in 1986, Biden initially promised to vote for Bork’s confirmation but quickly fell in line with Massachusetts senator Edward Kennedy, who lied about Bork’s character and described ‘Bork’s America’ as ‘a land in which women would be forced into back-alley abortions.’ Moreover, Biden leveled a number of deeply unfair accusations at Bork. Among them: ‘It appears to me that you are saying that the government has as much right to control a married couple’s decision about choosing to have a child or not as that government has a right to control the public utility’s right to pollute the air.”’

[Read: Joe Biden Is No Bipartisan Role Model at this link]

The next debate for Democrat contenders is Nov. 20 in Atlanta. More details at this link.

Ketchikan newspaper embraces tourism, but Juneau media, not so much

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TALE OF TWO CITIES AS THEY FACE OPPORTUNITY, CROWDS

An editorial in the Ketchikan Daily News says “Bring on the opportunity” for more tourism for the First City.

Titled “More to come,” the newspaper opinion acknowledges that Ketchikan has been well known as a fishing port, a mining town, and a timber capital:

“It’s now a tourism town.

“Like it or not, it’s what the community has become.

“We like it. It’s opportunity knocking. It’s the present and the foreseeable future,” the Ketchikan Daily News wrote. The newspaper used the word “opportunity” three times in its editorial.

In Juneau, public radio’s KTOO had a different take. In a podcast that alternately mocks tourists and casts the industry in a less-than-favorable light, the reporter focuses on how little tourists pay for the privilege of landing in Juneau.

The promotion that KTOO has run for the podcast tell listeners:

“This year, cruise ship passengers outnumbered local residents in Juneau 35 to 1. That’s why the KTOO news team is making a podcast about how we got here, what it’s like to live here and what the city’s future holds in light of the industry’s explosive growth.”

“We meet two people who were there when an old mining town sold its history and transformed itself into Cruise Town.”

In April, a meeting in Juneau brought out some of the most vocal opponents of expanded tourism:

“I am wondering what the stance of all you gentleman and the people in the audience are on setting limits on the number of visitors?” asked Dennis Harris of a panel of tourism industry representatives, as quoted in the Juneau Empire. “I think we’ve already reached our capacity to offer our visitors a really wonderful, memorable experience. When are we going to set limits in this community on the number of people we have coming here in the summer?”

It’s a view that has been repeated in Juneau since the 1990s, when the number of tourists hit 600,000. Today, that number has doubled. But rather than look for ways to accommodate more visitors and ensure them a high-quality experience, Juneau seems to have its hackles up. At least if public broadcasting’s spin on it is to be believed.

Back in Ketchikan, the view from the local newspaper is more optimistic and solution-oriented:

“Fortunately for Ketchikan, the tourists’ interest is piqued by the First City.

” This past cruise ship season, 1.17 million passengers disembarked onto the community’s downtown streets, spreading out across the island in shops and on tours especially designed for their entertainment.”

The newspaper acknowledges the growing pains and pressures on infrastructure, but has an optimistic view:

“The potential is great.

“It is projected that Ketchikan will experience sizable growth in the tourism industry over the next decade, adding about another half million cruise visitors.

” The city is seeking proposals for expanding its dock space to accommodate ships, particularly the larger ones as the industry experiences a building spurt during the next few years.

“The city also is focused on upland improvements and traffic flow for efficiency.

“The city isn’t the only game in town, though. The Ward Cove Dock Group came on the scene earlier in the year. It intends to build two berths in Ward Cove for ships, first and most specifically for Norwegian Cruise Lines.

“The Ward Cove operation anticipates the first ships to be calling in the second half of summer 2020.

“This will give Ketchikan a total of six berthing opportunities.

“And, with cruise ships being the community’s biggest immediate economic opportunity outside of government, schools and the Ketchikan Medical Center, the goal should be to fill them all up. Other industries also will thrive given time.

“The visitors are coming to see the First City. The best hosts are the locals who have lived here and know about what they say. It is their stories, their experiences, that the visitors are most interested in.

“This is our town. Through local government and business owners and operators, it’s up to us to figure out how to present ourselves in a way that will sell the community to the visitors, keeping them and their acquaintances coming back to enjoy new and different experiences season after season. Or to repeat an experience that made an impression that brings them back again.

“This can be done without losing our identity and preserving our own sense of community. Paramount in achieving this is handling the increased motor vehicle traffic that busing cruise ship passengers between Ward Cove and downtown will create.”