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What if there is no budget deal by July 1?

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THE ART OF THE SHUTDOWN

By ART CHANCE
SENIOR CONTRIBUTOR

The Legislature is bogged down over the demands of the union racket, the education racket, and the healthcare racket versus the will of the rest of the people of Alaska.

For the last four years, the Republican Senate either had to sign off on something the rackets and Gov. Walker would accept, or shut down the government on July 1.

Now with a new governor, the Senate and the governor have to buy off on something the rackets will accept or shut down the government; it’s a distinction without a difference.

There still is no Door C.

The Legislature and the governor have to come up with an operating budget by June 1, or most all State of Alaska employees will be given formal notices of impending layoff, which would occur on July 1; the rules and contracts require 30 days notice, so the notice would go out June 1.

I’ve explained this several times, but one more won’t hurt; a layoff is not a dismissal. A dismissal, colloquially a firing, is a complete separation of the employment relationship; the employee gets paid any pay due, any accrued benefits with cash value, and has no expectation of further employment with the employer.

A layoff is not a separation of the employment relationship; it is just a notice that because of lack of work or funds there is no work for you, but when there is funding or work, you will be returned to work with your former status, rights, and benefits.

Those notices will cause a lot of wailing and gnashing of teeth; only the highest level State employees can miss a paycheck without serious economic pain. State employees generally have very little savings because they have accrued leave with cash value, and if worst comes to worst they have their SBS and Retirement to fall back on.

That said, the SBS and Retirement requires quitting State service to get to, and that’s the first step on the former employee’s trip down the Alcan.

Unless the employee or his union is planning for it and does it in advance, cashing in leave has to be done before the government shuts down, or the leave money isn’t accessible. In my strike contingency planning I always assumed that missing the second paycheck was the tipping point. When the second pay check didn’t come, most GGU employees would be begging to come back to work.

At 12:01 am on July 1, 2019, if there isn’t an operating budget, the State of Alaska government ceases to exist. The State isn’t like the federal government that has all sorts of pockets of funding that allow various functions to go on.

At 12:01 AM on July 1, the State literally has neither the money nor the authority to operate. Somewhere in June the Marine Highway System will start putting up the notices that it can’t guarantee voyages beyond July 1. The State airports, notably Anchorage and Fairbanks, will do likewise. The Governor could send over bills giving the AMHS and the Airports program receipts authority so they could operate on their revenue, but why would the House pass them?   We’re talking inflicting pain here.

I wouldn’t count on the House Majority surrendering; leftist arrogance knows no bounds.   So, either the Senate and the Governor are going to surrender or there is going to be one Helluva train-wreck on July 1. I don’t think cops, COs, Pioneer Home attendants and the like will actually walk away from their work even though the State can’t offer them an assurance of being paid.

That said, the State can’t make them come to work if it can’t pay them, and the unions will make sure that the price is dear for not paying them.

The right answer is to work this out before July 1, but if it isn’t, it is going to be one helluva mess.

Art Chance is a retired Director of Labor Relations for the State of Alaska, formerly of Juneau and now living in Anchorage. He is the author of the book, “Red on Blue, Establishing a Republican Governance,” available at Amazon. 

Lawsuit against Bristol Bay fish marketing group dismissed

The Bristol Bay Six case against Bristol Bay Regional Seafood Development Association has been dismissed.

Alaska Superior Court Judge Yvonne Lamoureux said that the association is within its rights to spend money fighting the Pebble Project, which the association feels could harm the fishery of Bristol Bay.

The six fishermen who had sued had said that BBRSDA was working in areas far from its mission, spending some $250,000 of fishermen’s money on contracts with groups opposing the Pebble Project.

BBRSDA was created by statute to market seafood, but contracted with SalmonState and United Tribes of Bristol Bay, which were actively working against the massive copper and gold mining project proposed for state mining lands in the region. Some fishermen support the mining project and don’t want their funds to be used to oppose it.

According to statute, the BBRSDA was created for:

  • Promotion of seafood and seafood by-products that are harvested in the region and processed for sale;
  • Promotion of improvements to the commercial fishing industry and infrastructure in the seafood development region;
  • Establishment of education, research, advertising, or sales promotion programs for seafood products harvested in the region;
  • Preparation of market research and product development plans for the promotion of seafood and their by-products that are harvested in the region and processed for sale;
  • Cooperation with the Alaska Seafood Marketing Institute and other public or private boards, organizations, or agencies engaged in work or activities similar to the work of the organization, including entering into contracts for joint programs of consumer education, sales promotion, quality control, advertising, and research in the production, processing, or distribution of seafood harvested in the region;
  • Cooperation with commercial fishermen, fishermen’s organizations, seafood processors, the Alaska Fisheries Development Foundation, the Fisheries Industrial Technology Center, state and federal agencies, and other relevant persons and entities to investigate market reception to new seafood product forms and to develop commodity standards and future markets for seafood products;

BBRDSA said that its anti-Pebble activities fall under the category of “education.”

Judge Lamoureux ruled that the mission is broad enough that it could spend its members’ money to oppose the mining project.

Commercial fishers in Bristol Bay are required to pay BBRDSA 1 percent of their fishing income. The judges decision essentially forces them to pay 1 percent to an organization that is not dedicating 100 percent of its resources to marketing fish, as it was set up to do.

In other news, Northern Dynasty Minerals, which owns the Pebble Project, has signed another right of way agreement with the Alaska Native village corporation Iliamna Natives Limited, to use some of INL lands for construction and operation of transportation infrastructure

Ron Thiessen, Northern Dynasty president and CEO said the agreement will involve the shareholders of INL in a “meaningful way in the future development of the Pebble Project.”

“Not only does today’s announcement demonstrate that the Alaska Native landowners and those who live in closest proximity to the project support the work we are doing to advance Pebble in an environmentally sound and socially responsible manner, it also ensures they will benefit in a meaningful way from the jobs and other economic opportunities associated with the project,” he said.

The Right-of-Way Agreement is the second one the Pebble Partnership has reached with Alaska Native landowners for access to the site for both construction and operation. The first agreement was with Alaska Peninsula Corporation in November.

The agreement with INL gives the Pebble Partnership an alternative ferry landing site and road and utility corridor on the north side of Lake Iliamna, which will give the project some flexibility as it advances toward a final Record of Decision on the federal Environmental Impact Statement (“EIS”) permitting process next year.

The U.S. Army Corps of Engineers released the draft environmental impact statement in February and has extended the public comment period until the end of May.

Breaking: Rep. Knopp sanctioned by Alaska Republican Party

Rep. Gary Knopp, who represents Kenai as a Republican legislator, was sanctioned by the Alaska Republican Party State Central Committee today in Kenai.

On a motion made by Jason Floyd, District 30, the party agreed to withhold party support, including financial, and to recruit a Republican primary challenger to oppose him. Two people have already filed to run against him as Republicans.

The voice vote was unanimous. It came minutes after Knopp stood to defend his record of having created a Democrat-led Majority in the House and said that it had led to successes.

“This House [majority] has succeeded,” he said. “If I’d not created the coalition…” he said, the House would still not be organized.

Floyd then stood and said that Knopp had just admitted to being responsible for creating the Majority that disenfranchised the people who had elected him.

Myranda Walso, a bonus vote for District 13, was not impressed. She stood to remark, “We saw for first 30 days, the House was unable to organize. When finally they were organized, they were unable to get any of their business done. They did not pass budget. Did not pass crime bill. If the mark of success is whether you are able to get it done…” she said, then this House Majority has failed. “We need to send a message.”

This Facebook Live video is the resolution and vote. Note that Rep. Knopp is in the audience:

A few minutes later the approximately 60 people present voted to support the motion. It is similar to the sanctions made for Rep. Gabrielle LeDoux and Rep. Louise Stutes, who abandoned the Republican Majority years ago, but continue to run and serve as Republicans.

[Read: Trouble for Knopp: Two opponents, possible party sanctions, a recall]

After the meeting took a break, Knopp told people present that every charge made against him was a lie. Floyd said that every charge made against him was based on video documentation that has been widely viewed.

Kevin McKinley files for House District 5

REP. ADAM WOOL SELLS HIS BLUE LOON BAR; THEN IT BURNS

Republican Kevin McKinley, who owns a tattoo business in Fairbanks, is going to try to unseat Democrat Adam Wool next year for House District 5, Fairbanks.

McKinley ran against Wool in 2018, but was a relatively unknown name. He lost to Wool, 3,484 to 3,057.

Raised in Kotzebue, McKinley began his career as a businessman by selling comic books when he was 9 years old. At 27, he started Body Piercing Unlimited.

He has filed a letter of intent to run in 2020 for the seat.

[Read: Who’s filed? Tatto artist]

 

In other news pertaining to Wool, today, the bar/nightclub that Rep. Wool sold two weeks ago burned in a fiery incident; the source of the blaze has not yet been identified. The outdoor stage, and much of the building was destroyed. The fire was under control by 5:30 pm, but over half of the business appears to be in ashes.

After the business was sold it was closed until May 10, when the new owner took over. Six days later, it was unclear if anything can be salvaged.

 

Cause journalism: Spot the bias

ALSO, THE ADN SAYS DUNLEAVY ‘WANTS’ TO CUT THE BUDGET

In another of our series on Alaska Public Media’s Energy Desk’s non-energy reporting, Must Read Alaska brings you recent stories from the energy and environment team, because … Energy!

Big parts of Dunleavy agenda remain unfinished

Alaska lawmakers are trying to fight crime by toughening prison sentences. Not everyone agrees that will work.

In keeping with full transparency, here is the stated mission of the Alaska Energy Desk, followed by the organization’s memo answering criticism of its broad definition.

 

The Alaska Energy Desk advertises that its support comes from the Corporation for Public Broadcasting and the Atwood Foundation, but in a memo addressing the Must Read Alaska discussion of the non-energy related topics it covers, the organization has published a memo saying that only initial funding came from CPB, which is federally funded.

The online ad that shows who is the supporter of the Alaska Energy Desk.

[Read the Alaska Energy Desk explainer memo here]

Meanwhile, over at the Anchorage Daily News, the reporter all but blames Gov. Michael Dunleavy for the fact that the state has run out of other people’s money and one in three villages has no police. See if you can spot the bias:

 

And Must Read Alaska was charmed by this ADN headline describing former Anchorage Assemblywoman Amy Demboski as a “former mayoral candidate.”

 

MRAK Almanac: Fallen troopers honored in Fairbanks with two bridges

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May 17: Gov. Michael Dunleavy will sign two bills honoring fallen State Troopers Scott Johnson and Gabe Rich; the signing is at the Alaska State Trooper Post in Fairbanks.

The bills are: HB 34 – naming the Scott Johnson Memorial Bridge, HB 88 – naming the Trooper Gabe Rich Memorial Bridge. 9:45 am.

May 17: Anchorage Bike to Work Day. Free hot chocolate, coffee, and donuts will be provided at Town Square Park. Learn more here.

May 17: Homer Solar Tour. Learn about solar technology in Homer. Details here.

May 17: Alaska’s 60th Anniversary Dinner put on by Republican Women of the Kenai at the Kenai Merit Inn. Tickets are $50 and doors open at 5:30 pm. Details here.

May 17: Faith-Film-Food at Immaculate Conception Church in Fairbanks. The film For Greater Glory, following the Christero War in Mexico, will be shown. Event info here.

May 18: Fairbanks Aviation Day. Event will offer a pancake breakfast, display aircraft, airport tours, and a chance to meet FAA air traffic controllers. Will take place from 7 am-2 pm at the Fairbanks airport East Ramp, 3504 South University Ave.

May 18: Garden City Market in Skagway from 3-6 pm. This monthly event offers quality locally produced products and all proceeds go to various charitable organizations in Skagway. Hosted by the Skagway Traditional Council on 11th and Broadway.

May 18: Free boat safety checks for Chugiak/Eagle River residents, offered by the Coast Guard Auxiliary. The Auxiliary will also be accepting donations of lightly used life jackets for the Kids Don’t Float program. 10 am-4 pm at Old Glenn Hwy. Fred Meyer.

May 18: Craig Taylor Equipment grand opening in Fairbanks. 10 am-4 pm. Details.

May 18: Tune in the Spring Auto Show in Wasilla. Raffle, car show, and sound competition. Location is the Wasilla Transportation Museum. Details here.

May 18: Alaska salmon season kickoff party at 49th State Brewing in Anchorage. Top chefs will prepare the first Copper River king salmon of the season. Raffles and door prizes. More info here.

May 18: Police Memorial to honor the sacrifices of fallen law enforcement officers. At the Twin Lakes Shelter in Juneau—11 am. Facebook event here.

May 18: North Pole Fire Department’s annual open house. Fun activities and refreshments for the whole family provided. Stop by anytime between 10 am and 4 pm.

May 18: Clean Up Day in Valdez. Free BBQ for those who participate. More info here.

May 18: Military Appreciation Day at Costco in Fairbanks. Free breakfast and goodie bags to first 100 people. All who have served are welcome. More details here.

May 18-19: Juneau Home Show at Nugget Mall. Enjoy vendors and food trucks and learn more about building homes in Alaska. Admission is free. Details here.

May 17-20: Annual Talkeetna Fly-In at Talkeetna Airport. Last year, over 100 aviators flew in and camped at the airport for the weekend. All are welcome, details here.

HISTORY:

May 17, 1884: Congress passes the First Organic Act, converting the Department of Alaska to the District of Alaska. Previously under the control of the U.S. Army, the U.S. Navy, and the Treasury Department, the District of Alaska now had a civil government with a U.S. Marshal, clerks, and even a federal judge. Alaska would remain without an elected legislature until 1912.

May 17, 1906: Congress passes the landmark Alaska Native Allotment Act, the first federal recognition of Native claims to land in the District of Alaska. The new law allowed all Alaska Natives to claim a personal allotment of at most 160 acres of previously unappropriated land.

May 11-30, 1943: The Battle of Attu takes place on the island of Attu in Alaska’s Aleutian chain. It was the only land battle of World War II to take place on American soil. Over 3,000 U.S. soldiers were injured, with 549 American deaths. All but 28 Japanese soldiers were killed.

Abortion limits popping out all over, not just Alaska

HB 178 IS ALASKA’S ‘LIFE AT CONCEPTION’ BILL OF THE YEAR

Alabama Gov. Kay Ivey on Wednesday signed into law the Alabama Human Life Protection Act, the most restrictive set of abortion laws in the nation. The bill makes it a felony for a physician to perform an abortion in Alabama unless the mother’s life is at risk.

Across the nation, a dozen states are debating their own versions of the “heartbeat” legislation, similar to the one signed by Georgia Gov. Brian Kemp earlier this month, banning abortions after a heartbeat is detectable in the fetus. That’s about six weeks, before many women know they are pregnant.

Heartbeat bills have been passed in Ohio and Mississippi, and one is on the verge of passing in Louisiana.

Other states, such as Arkansas, Kentucky, Missouri, and South Carolina have dozens of bills in play or already  passed that would greatly restrict abortions. The Michigan Senate, for example, passed legislation prohibiting “dismemberment abortions” after the second trimester.

On the last day of the Alaska 2019 legislative session, Rep. David Eastman and Rep. Sharon Jackson offered a “Life at Conception” bill in Alaska. HB 178.

HB 178 is nearly identical to HB 250, offered in 2017 and it is the only anti-abortion legislation to have been offered this year. HB 250 had been referred to four committees in 2017 and never even got a hearing under the Democrat-controlled House of Representatives. HB 178 has been referred to three committees, and will likely see a similar fate, as the House is still under the control of Democrats.

However, this year the Alaska’s House and Senate have passed an operating budget that expressly prohibits state Medicaid funds from paying for elective abortions.

Democrats in office, all of whom support a woman’s right to terminate the life of the child in her womb, didn’t put up a fight. Rep. Daniel Ortiz of Ketchikan said in Finance Committee that it would harm low-income women. Rep. Andy Josephson said it would be found unconstitutional.

But Rep. Cathy Tilton, who offered the measure, said that the $334,000 that the state has paid annually for non-medically necessary abortions needs to be gone from the budget. And surprisingly, she got her way. Democrats are counting on it being deemed unconstitutional in court, so chose not to fight it in the court of public opinion.

It’s not the first time state lawmakers have tried to legislative against abortion, but the courts have always sided with Planned Parenthood and the National Organization for Women.

In February, the Alaska Supreme Court upheld a ruling stopping the State from enforcing two regulations limiting the public funding of abortions, a lawsuit that was brought by Planned Parenthood based on the equal protection clause of the Alaska Constitution.

Last year, Sen. Cathy Giessel offered SB 124, which would have mandated that medical professionals provide lifesaving aid to a baby who survives an abortion. In other words, if you didn’t kill the baby on the first attempt, you have to take reasonable steps to help it live.

That bill never made it past Senate Finance Committee before the session ended and the bill was effectively dead. Giessel then took heavy fire from the very-absolutist Alaska Right to Life organization for not going far enough with the legislation. They savaged her for even trying to save a baby or two from the knife. It’s an all-or-nothing group.

The rush of laws being proposed across the country to reduce or eliminate abortions are lawsuit bait because the majority of Americans are still uncomfortable about unrestricted abortion and because those wanting to limit abortion know the U.S. Supreme Court is slightly more conservative than is has been in recent years.

According to a poll conducted for The Hill news site, more than half of registered voters believe that laws banning abortion after the sixth week of pregnancy are “not too restrictive.”

The May 10-11 poll found that 21 percent of registered voters said that such abortion bans are “too lenient” while 34 percent said they believe they are “just right.”

Forty-five percent of respondents said they believe such laws are “too restrictive.”

[Read more about the HarrisX poll here.]

Trouble for Knopp: Two opponents, a recall, possible party sanctions

Many conservatives around Alaska lay the blame for the Legislature’s failure to perform squarely at the feet of Rep. Gary Knopp, a Republican from Kenai District 30.

Knopp this year followed his heart and withdrew from the then-Republican House Majority, and over weeks helped carve out a large Majority led by Democrats, with seven other Republicans like him.

He had been leaning toward Democrats for a long time when he led a stalemate that prevented the House from organizing for 30 days at the beginning of the session.

Due to that stalemate, the House has not been able to finish its work and the entire Legislature is in special session for up to 30 more days.

For 30 days in January and February, Knopp went back and forth between offices trying to put the Democrats in charge of the House, all the while earning his $50,400 a year plus $275 a day per diem ($8,200 for the month) to flip control. All the while, dining and hanging out with Rep. Louise Stutes, who had already turned against her party and was courting him to do the same.

In the end, Knopp got what he wanted with Reps. Jennifer Johnston, Chuck Kopp, Bart LeBon, Tammie Wilson, Gabrielle LeDoux, Louise Stutes, and Steve Thompson all joining under the leadership of Democrat Bryce Edgmon, who switched to “undeclared” to give these Republicans cover back home with the voters.

Back in Kenai, people were unhappy. They were openly hostile to Knopp during his town hall meeting in February.

[Read: Brutal: town hall as voters unhappy with Knopp]

Now, two people have filed to run for Knopp’s seat. Ron Gillham, who most recently challenged Sen. Peter Micciche, and former Rep. Kelly Wolf are lining up to take on Knopp, who has at times indicated he is not running again.

But with two in the race, Knopp may reconsider. An incumbent has a strong advantage when there is more than one primary challenger.

Knopp also faces a recall effort that is underway. A committee formed and registered with the Alaska Public Offices Commission to gather signatures needed to request a recall petition from Lt. Gov. Kevin Meyer.

“Recall Gary Knopp” has acquired longtime political operative Christopher Kurka as its manager. The group needs to collect about 1,000 signatures initially, and if the application to the Lt. Gov. Meyer is accepted, will then need to gather about 3,000 signatures in order to hold a recall election.

That could take time, but supporters of the effort say they are pressing ahead.

Their initial application for a petition says that Knopp has done three things that broke trust with voters:

Neglect of duties: Knopp did not show up for several key votes this session as he was working behind the scenes to arrange for a Democrat-led Majority.

Incompetence: By purposefully not voting, he has demonstrated his incompetence in representing a conservative district.

Fitness for office: During a town hall meeting, Knopp admitted that he had deceived his fellow lawmakers and constituents. He acknowledged he had ethical reservations about going against his word when he said he would vote for a Republican speaker. He described his subsequent actions of voting for himself as that speaker as a “sleight of hand.” The trickery involved makes him unfit for office, the group says. On behalf of his constituents, he admitted he lied.

Knopp also faces the Alaska Republican Party, whose State Central Committee meets in Kenai on Friday and Saturday. Party Chairman Glenn Clary said that censuring Knopp is definitely on the agenda.

The State Central Committee removed all support for Rep. Gabrielle LeDoux and Rep. Louise Stutes when they caucused with the Democrats to install Democrat leadership in the House, but the party now has eight Republicans in the House who have followed LeDoux and Stutes.

These turncoat Republicans pose a problem for party unity in Anchorage, Fairbanks, and Kenai.

Clary said the party needs to vastly improve its vetting system, and work toward pre-primary endorsements. To do so, he said leadership is working on getting districts more organized with more people involved through the precinct level.

Lyn Franks, Democrat, to challenge LeDoux for HD 15

This isn’t Lyn Franks’ first rodeo.

She challenged Rep. Gabrielle LeDoux in 2018 for House District 15, but lost to the Republican incumbent in the General Election, 1,380 to 1,139 votes, in what is a perennially low-voter-turnout district that leans Republican.

Franks had advanced to the General Election last year on the 193 votes that she received in the primary, enough to propel her to the past two opponents, Patrick McCormack and Rick Phillips, 143 and 84 votes respectively.

Franks is an adjunct instructor at the University of Alaska Anchorage. The 63-year-old from Winter Haven, Fla. has a masters degree, is married to Marla Mosher, and has served as the district chair for the Alaska Democratic Party. She is on record for enshrining the Permanent Fund dividend in the state Constitution.

She has filed a letter of intent to run against LeDoux in 2020.

If there’s any question about how Left she is, one need look no further than one of her recent social media posts: