Look, up in the sky! It’s a bird! It’s a plane! It’s Rep. Laddie Shaw!
You’ve heard of the U.S. Army’s Golden Knights parachute demonstration team landing on the field in advance of an NFL game.
But today, coming off of Mount Roberts and landing on the field of the Senate vs. House softball game at Savikko Park, was none other than Rep. Shaw. He landed his paraglider close to 4 pm, in the middle of the annual nonpartisan ball game.
Such adventures are not uncommon for Rep. Shaw, who has been spotted gliding above Juneau several times this winter. After hours sitting in the House of Representatives, he’ll often be found running to the top of Mount Roberts. His last posted Mount Roberts run was 33 minutes 50 seconds to the tram platform on March 30.
A couple of hundred protesters spent early Saturday afternoon at the Capitol, chanting, “Fund Our Teachers,” and “Save Our Schools.”
It’s the same basic chant they use in good budgetary times and bad.
It’s uncertain who they are protesting. The House Democrats passed a budget that the Dunleavy Administration says does not fund Fiscal Year 2020 education, but forward funds 2021 education.
The Attorney General this week issued the opinion that says last year’s forward funding for education for the next fiscal year was imaginary, because no actual funds were set aside.
OOPS … MARIJUANA IS SHOWING UP IN YOUR URINE SAMPLE
Workers testing positive for drugs hit a 14-year high in 2018, according to a report released this week by Quest Diagnostics.
The Quest analysis is based on the more than 10 million U.S. drug tests done by the company in 2018. Key points from the analysis include:
An increase in marijuana-positive tests across nearly all employee categories, including the federally mandated security workforce. This includes commercial vehicle drivers and some workers at the Department of Defense and Nuclear Regulatory Commission.
More urine specimens are coming back invalid, indicating an increase in cheating attempts. “Findings show an increased percentage of urine specimens in both the federally mandated, safety-sensitive and general U.S. workforces reported as invalid due to inconsistency with normal human urine, suggesting attempts at specimen adulteration or substitution. ” Between 2017 and 2018, the percentage of invalid results in the federally mandated, safety-sensitive workforce jumped 80 percent (0.15% versus 0.27%), and 40 percent in the general U.S. workforce (0.15% versus 0.21%).
The positivity rates for hair sample drug tests was significantly higher for the general U.S. workforce than for urine tests. For 160,000 drug tests using hair samples, the positivity rate was 10.9 percent in 2018, up from 10.3 percent in 2017.
Marijuana continues to top the list of drugs most commonly detected across all workforce categories and across all types of specimens (urine, oral fluid, hair).
The rate of marijuana-positive samples increased nearly 8 percent, and nearly 17 percent since 2014.
In the federally mandated, safety-sensitive workforce, marijuana-positive samples increased nearly five percent from 2017 to 2018, and nearly 24 percent since 2014.
In the general workforce, the positivity rate for opiates declined across all opiate categories.
Among the general workforce screening for opiates (mostly codeine and morphine), positivity declined nearly 21 percent between 2017 and 2018 (0.39% versus 0.31%), the largest drop in three years and nearly 37 percent decrease since the peak in 2015 (0.49%).
Among the more specific tests for other prescription opiates, the positivity for the semi-synthetic opiates (hydrocodone and/or hydromorphone) declined two percent between 2017 and 2018 (0.51% vs. 0.50%) and 43 percent since the five-year high in 2014 (0.88%).
The positivity for oxycodones (oxycodone and/or oxymorphone) declined more than 29 percent between 2017 and 2018 (0.61% vs. 0.43%) and more than 46 percent since the five-year high in 2014 (0.80%).
“Our in-depth analysis shows that marijuana is not only present in our workforce, but use continues to increase,” Barry Sample, PhD, senior director of science and technology for Quest, said in a statement. “As marijuana policy changes, and employers consider strategies to protect their employees, customers and general public, employers should weigh the risks that drug use, including marijuana, poses to their business.”
On April 10, employees at Usibelli Coal Mine had worked 798 consecutive days without a single lost time accident, setting a new record for safety at the mine.
Anchorage Scofflaw List: Hundreds of names are on the Municipality’s official scofflaw list, and that means police can impound their cars due to unpaid fines. See anyone you know?
Today: Fairbanks was a warm spot in the state today, at 49 degrees, one degree cooler than Ketchikan.
April 13: Alaska Wild Sheep Foundation’s Fourth Annual Banquet and auction at the Dena’ina Convention Center in Anchorage. Doors open at 4:30 pm and dinner begins at 7 pm. A live auction will take place immediately following dinner. Silent auctions and various raffles will take place throughout the evening. Those interested in purchasing a full table (10 seats) should contact Kevin Kehoe at 907-868-8821 or [email protected]. Details: www.akwildsheep.org
April 14: The 90th day of this year’s legislative session.
April 15: Tax day. Also, above Latitude 60, the day to get the studs off your tires.
April 27: Cruise Ship Season is here and Ketchikan will see the first ship. It’s the Ruby Princess. View all the cruise ship calendars for the major ports here.
In history: On April 12, 1794 Captain George Vancouver and his ships entered Cook Inlet and discovered it was not a river. It’s the 225th anniversary of his voyage into the inlet.
Alaskans who receive $76 per month in senior benefits will not receive those benefits in May or June due to insufficient funding, the Department of Health and Social Services said on its website today. The state is coming to the end of the fiscal year and has run out of money for the program, which has been adding recipients year over year.
“At this time we anticipate no reduction in benefits to those individuals receiving $175 and $250 per month,” the website states.
The Division of Public Assistance has begun notifying recipients of this change. Those who receive Supplemental Nutrition Assistance Program (SNAP) benefits will have their cases updated to allow for an increase in benefit as a result in the suspension of their Senior Benefits.
The Senior Benefits Program was established in 2007 and pays cash to Alaska seniors age 65 or older who have low to moderate income. Cash payments are $76, $175, or $250 each month, depending on income. The income guidelines are tied to the Alaska Federal Poverty Guidelines and change each year as the poverty level changes.
Those receiving $76 a month are in higher income brackets, with incomes of $27,300 per year (or $36,978 per married couple). The benefit schedule is published here.
The amount for that highest income bracket was $47 monthly until 2016, when the Walker Administration adjusted all of the payments to nearly double. The way the program is structured, if it runs out of funds, people in the higher income brackets get cut first.
The program is now short about $800,000. The Dunleavy Administration, in a cost-cutting move, is proposing eliminating the program altogether as it tries to close a $1.6 billion budget gap.
The Alaska Psychiatric Institute has had its accreditation renewed for psychiatric care from The Joint Commission, a designation that is good for the next three years.
Health and Social Services Commissioner Adam Crum said that API had been in immediate danger of losing its accreditation for behavior health care when he began to address the situation in December. “This provides further evidence that the actions we’ve taken over the last few months are making positive improvements for our patients and staff.”
DHSS hired Wellpath to take over the management of the chronically troubled psychiatric institute at about the same time the Joint Commission was conducting its on-site survey. During that survey, two requirements for improvement were noted for medical staff and physical environment, deficiencies were successfully addressed by API and Wellpath.
Further onsite visits and review by the Joint Commission showed the institution had complied with the standards.
The Joint Commission – an independent, nonprofit organization – evaluates health care organizations on standards related to care, treatment and services; environment of care; leadership; and screening procedures for early detection of imminent harm.
Accreditation by the commission indicates whether an institution is meeting the established standards for care, which in turn impacts licensing and certification for federal funding. Having the commission’s accreditation is just one certification that API must maintain. In its report, the commission has recommended API for continued Medicare certification to the Centers for Medicare and Medicaid services.
In the House of Representatives, five Democrats have demanded the Department of Health and Social Services end the contract with Wellpath, which went into effect in February as an emergency measure to save the institution. Signing the letter were Democratic Reps. Zach Fields, Matt Claman and Ivy Spohnholz of Anchorage, Tiffany Zulkosky of Bethel, and Jonathan Kreiss-Tomkins of Sitka.
The lawmakers want the second phase of the contract to be put out to bid and awarded according to unstated parameters, but the lawmakers noted that another company, Providence Health and Services, should be considered.
A budget amendment to stop state funding for abortions passed the House Finance Committee early this month.
Today, the House passed the budget with that anti-abortion amendment intact. There was not a word of protest from the Democrats.
House Democrats, so determined to shut down any amendments that would put them on the record concerning the Alaska Permanent Fund dividend, actually surrendered their platform’s position on state-funded abortions.
The Alaska Democratic Party was livid about the amendment and went after Rep. Kelly Merrick of Eagle River: “Kelly Merrick may want the government’s dirty mitts out of your dairy inspections, but she welcomes government control over your most personal medical and religious decisions. It looks like she and others refuse to learn lessons about what is constitutional and what is not in the State of Alaska. A bill she supports seeks to keep Medicaid funds from paying for medically necessary abortions.”
Oddly, the Democratic Party leaders didn’t go after the maker of the amendment, Rep. Cathy Tilton.
Merrick had testified in committee about how her own birth mother, a teenager, had given her up for adoption and her support for the amendment was a tribute to her parents. She is Catholic, and so being pro-life is certainly a deeply held belief.
But when it came time to stand for abortion, no amendments to withdraw the budget decrement for abortion were offered by Democrats on the House floor.
Instead, they accepted the pro-life Fiscal Year 2020 budget and passed it over to the Senate.
SCOTT KENDALL USED HEARSAY TO DESTROY PUBLIC SAFETY COMMISSIONER
In House State Affairs Committee today, former Gov. Bill Walker’s chief of staff pilloried the reputation of Department of Public Safety Commissioner nominee Amanda Price.
Pulling no punches, Scott Kendall described her as chronically absent, untrustworthy, and a plagiarist.
When asked if he would vote for her confirmation, he said, unequivocally, no.
The committee, which was chaired on Thursday by Rep. Jonathan Kreiss-Tomkins, took invited testimony from Kendall, who called in from Anchorage.
Kendall said he had heard things about Price when he came on board as chief of staff, and they were not flattering. She was absent a lot, he said. Someone said she plagiarized, he said.
In fact, there was a lot of “they said” in his testimony.
But it was all hearsay.
“I was approached by many staff…” he said. “I was told…”
“It was described to me thus…” he continued.
“To the best of my recollection…”
“I have not seen details…”
“In both instances it was conveyed to me…”
“I absolutely would not vote to confirm Ms. Price, Kendall said. He said the joke around the office is you could find Price at Nordstrom or “has someone checked the milk carton in the fridge?”
It wasn’t long after he came on board when he gave her the choice to quit or be fired. He told the committee that her description of the parting of ways — a deep policy difference over SB 91 — was “100 percent false.”
After Kendall ended his testimony, the committee heard from Price’s former supervisor, Deputy Chief of Staff Marcia Davis, who said she was “just deeply disappointed” at Kendall’s testimony, and proceeded to contradict his every point.
In passionate testimony, she described Price as a hardworking firebrand who went out to shake up the status quo regarding sexual assault, get the state’s rape kits processed, and help people resolve problems they were having with the criminal justice system.
Amanda Price
As for plagiarism, “For God’s sakes!” Marcia Davis said. The goal of policy people is to “be quick, be fast, be accurate. We are not writing literature here, folks. We are trying to inform and educate people. She was pushing information to the right people.” Lots of information in government is cut-and-paste, she said, not intended to be taken as original writing. It’s just information.
Davis said Price was always on the go, and if she wasn’t where her calendar said she’d be, it’s because she was putting out fires for the governor somewhere in the public safety sector.
Davis also described the culture of the Walker offices as toxic, with a lot of petty backbiting. These were issues she was trying to address, and after describing the “cheap shots” atmosphere, she testified about her endeavors to get the staff working more productively.
But that cheap-shot culture must have continued after she left, she said, if Kendall’s testimony was to be believed.
Rep. Kreiss-Tomkins cut Davis off twice during her testimony. She was not giving the Democrat-led committee the testimony they wanted.
Neither did former Chief of Staff Jim Whitaker, who earlier gave Price positive reviews to the committee.
But complications are ahead for Kendall. As a practicing attorney, has opened up a can of legal worms.
Amanda Price never waived her rights under the State’s Personnel Act. And while Kendall requested an executive session for the committee hearing today, that request was denied by the committee chair. He chose to testify anyway.
Has Kendall now waived his own right to declare executive privilege about other exempt personnel matters in the Walker Administration?
At any time, a committee may now request Kendall’s testimony or subpoena him about other Walker personnel matters.
Would, for instance, he be able to claim executive privilege if asked about the circumstances surrounding the resignation of former Lt. Gov. Byron Mallott? Would he be able to claim executive privilege if asked about former political director John Henry-Heckendorn’s duties and whether they overlapped with those of a campaign manager? Kendall has put himself in peril.
In addition, a unique part of Alaska’s Constitution is Alaskans’ right to privacy. Did Kendall forget when he gave his free-wheeling testimony today?
Kendall has also risked his career over these allegations.If proven not to be true, he may have imperiled his bar license, and even be liable for monetary damages for defamation. An ethics complaint could be filed against him at the Alaska Bar.
Price may have some grounds for a civil lawsuit she could file against Kendall for violating her constitutional right to privacy. Other people who work or worked for Kendall may also have serious concerns about their own rights being trampled by their former supervisor.
AND FORMER WALKER EXECUTIVES REPUDIATE SCOTT KENDALL’S ALLEGATIONS
The union that represents public safety employees across the state of Alaska swarmed the Capitol to push back against the Democrat-led smear campaign against Public Safety Commissioner-designee Amanda Price. They’ll be back next week to make sure their voices in favor of Price are heard.
In a letter to both House and Senate leadership, the Public Employees Safety Association, representing about 800 members of law enforcement statewide, gave a full-throated endorsement of Price, contradicting the disparaging testimony of former Gov. Walker Chief of Staff Scott Kendall, which consumed a House State Affairs Committee hearing on Thursday.
“PSEA supports Department of Public Safety (DPS) Commissioner Amanda Price. Commissioner Price has shown she is committed to improving the Department of Public Safety and the Alaskans they serve. Commissioner Price has been fully engaged with the rank and file members of the department. Immediately upon taking her position as commissioner she created a working group to explore non-monetary ways to improve the working environment, morale and efficiency of the department. She then implemented the recommendations by the working group and this has resulted in creased morale by the department members and this PSSEA believes is a big step in addressing the retention issues DPS faces,” the association wrote.
On Thursday, Democrat members of the House State Affairs Committee allowed Kendall, now a private-practice attorney, to use hearsay in a hearing on Price’s nomination. They permitted Kendall to disparage Price’s character and integrity and did not challenge him on the sources of his hearsay.
That hearing was watched in stunned disbelief in offices across the Capitol, where no one could remember a former chief of staff or supervisor making such a personal and unprofessional attack on a former subordinate, making comments about how she was probably “at Nordstroms,” if she was not in the office, or asking had someone “checked the milk carton in the fridge” to see if she was reported missing.
Many of the deeply personal hearsay comments about Price have since been sourced to former Gov. Walker Communication Director Grace Jang, who now runs a crisis communications consultancy.
Some in the Capitol have attributed Kendall’s malice against Price to a case of sour grapes, since Commissioner designee Price, after leaving the Walker Administration under pressure, threw her support to the candidacy of Michael Dunleavy, who ultimately won office, while Walker had to withdraw from office in disgrace after his first term.
Chief of Staff Scott Kendall, left, and Gov. Bill Walker watch as Valerie Davidson signs her oath of office, after Lt. Gov. Byron Mallott was suddenly forced from office in October, 2018.
KENDALL-BYRON MALLOTT LINK
Other political observers say Kendall is worried that with Price’s reputation as an advocate for and protector of abused women, she’ll open an investigation into the secretive matters surrounding the sudden resignation of former Lt. Gov. Byron Mallott in October, 2018.
That resignation occurred with Kendall’s fingerprints in the. middle of the scandal that broke out during the waning days of the Walker Administration. Kendall helped force Mallott out of office under circumstances still not fully explained to the public.
MORE LETTERS OF SUPPORT POUR IN
Also today, former Walker Chief of Staff Jim Whittaker and Deputy Chief of Staff Marcia Davis sent a three-page letter to all members of the House and Senate, repudiating in great detail Kendall’s statements in House State Affairs Committee.
“The recent attacks on Ms. Price have been an extreme surprise to the undersigned. During our tenure, Ms. Price was not disciplined or counseled for absenteeism, or plagiarism as none of these acts occurred. These alleged infractions simply did not occur in our time frame. The undersigned are incredulous that the professional character of a person we know to be an outstanding employee is now under attack,” Whitaker and Davis wrote. They went on to detail her strong objection to SB 91, a crime leniency bill, and how that put her at odds with the Walker Administration.
“The undersigned can sympathize with the frustration Ms. Price would have felt at this turn of events [Walker’s support for SB 91], and could anticipate that her exit would not be too long after this realization. We believe Ms. Price’s departure had more to do with these differing view of priorities and not with allegations of non-attendance, for which we are told, remarkably she was never informed or counseled.”
“We fear if this body does not confirm her, there will be many innocent Alaskans who will pay a very high, personal price for the loss of positive changes that Ms. Price could have provided as a DPS Commissioner,” the two former supervisors of Price wrote.
Price, as with all other commissioners, must be confirmed by a joint vote of the House and the Senate, something that usually occurs in the waning days of the Legislature. Sunday will mark Day 90, which by statute should be the final day of the session, but the Alaska Constitution allows sessions to run 120 days. In the meantime, all commissioners are considered designees.
