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Will Juneau take cruise ship decision to Ninth Circuit?

KETCHIKAN PONIES UP CASH TO JOIN THE FIGHT

Juneau lost its case in December involving its use of cruise ship passenger fees for broad amenities — such as the new whale park built near the Douglas Bridge.

It was a costly loss. And it was a decisive loss. The judge left very little wiggle room for an appeal.

The city has until Jan. 10 to request clarification from U.S. District Court Judge Russel Holland about his Dec. 6 decision, which sided with the CLIA Alaska and Cruise Lines International Association.

After that, the Holland decision will be on the books as a declaratory judgment. It was decisive and clear — the U.S. Constitution itself does not allow Juneau to use passenger fees for anything but direct services to ships.

Whether Juneau will appeal is the next move on the chess board. The Assembly meets next on Jan. 14; deliberations on lawsuits or potential lawsuits usually take place in executive session.

But if it does, it has a friend in the City of Ketchikan. Last week, Ketchikan’s City Council voted to transfer $100,000 to the City Attorney’s legal account to support an appeal to the Ninth Circuit Court of Appeals, should Juneau decide to appeal the decision.

Defending its use of the fees has set the city back nearly $900,000 in legal expenses. That money has come from Juneau’s taxpaying residents, but also ironically some of it came from the cruise ship passenger fees themselves, because the city says winning the lawsuit would benefit passengers.

Juneau’s challenge would ensure the entire case will end up at the U.S. Supreme Court, because few plaintiffs allow a Ninth Circuit decision to stand, since the court is overturned so frequently.

LAWSUIT BACKGROUND

Juneau’s $5 cruise ship passenger fee, passed by voters in 1999 and enacted in 2000, was designed to cover a wide range of infrastructure burdens that come with the millions of passengers calling on Juneau every year, including infrastructure and emergency services. The city also gets a $3 per passenger port development fee. In all, it’s brought Juneau more than $35 million over the past four years.

But over time, Juneau changed the fee’s purpose to include capital improvements, crossing guards, operating funds and more along Juneau’s waterfront and beyond.

In 2016, CLIA challenged the how Juneau was using passenger fees.

The trade group said that the city was using it for things not related to the actual docks, and that violates the Tonnage Clause, the Commerce Clause, and the Supremacy Clause of the US Constitution.

The city has a project proposal process for tapping those funds. In 2019, the fees funded things like bicycle patrols for police in the downtown area, downtown restroom maintenance, port security, and more — all are needed to keep some level of dignity in the heavily used downtown core.

A grant program also allows projects to be proposed and approved.

The CLIA lawsuit named $22 million spent on government operations, $2 million for city bus services, and $447,000 for work on a private dock that cruise ships and their passengers are not able to access. It was “The Whale” that was the final straw.

[Read the 2018 list of approved projects]

The massive bronze whale in its infinity pool was a bridge too far for the cruise industry, which argued that Juneau was now using the fee for things wholly unrelated to the cruise ships. CLIA singled out the multi-million-dollar bronze whale, located more than a mile from the cruise ship docks.

The trade group didn’t ask for a refund of the fees spent on the walkway, whale fountain, artificial island, and other beautification features. But it wanted the city to stop the misuse of the funds.

FAR-REACHING IMPACTS

Judge Holland ruled that Juneau may indeed collect passenger fees, but that under the Tonnage Clause of the U.S. Constitution, the fees must be used for improvements that directly relate to the ships.

That decision has impacts, not only for Juneau but for Ketchikan and other ports of call around the country, although the CLIA says nowhere in the country do port communities use the fees the way Juneau has used them.

The Juneau Assembly now must decide if it wants to spend another possible $1 million appealing the Holland decision to the Ninth Circuit, and then defending a possible win to the Supreme Court, a course that would drag on for at least two more years and further irritate its relationship with the cruise industry.

Lee Jordan, Chugiak-Eagle River Star founder, passes

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A STORIED LIFE ENDED THREE DAYS BEFORE STATEHOOD ANNIVERSARY

Alaska journalist Lee Brookins Jordan died suddenly Dec. 31, 2018. He was 88 years old.

Born in Birmingham, Ala. on Sept. 22, 1930, he joined the U.S. Army in 1948 and 12 times asked to be stationed in a warm location — anywhere but Alaska — only to find himself stationed in Whittier, Alaska in January.

He made Alaska home, calling Eagle River the “Center of the Universe.”  After retiring from the military, he worked at the Anchorage Times and became part of history by creating the “WE’RE IN”  headline that is now an icon of Alaska Statehood.

Survivors include his sister, Nelda, wife Barbara and their four children, Stephan, Sonja, Sherri and Sven, nine grandchildren, six great-grandchildren and an extended family in Alabama.

Lee founded the Chugiak-Eagle River Star on Jan. 14, 1971. The weekly newspaper soon became a hub for local businesses and continues today, although he sold the paper in 2000.

He also published the Cook Inlet Sports Review, the Suburbanite, and the Kachemak Compass (based in Homer).

He was a member of the Eagle River Presbyterian Church, where he enjoyed singing in the choir.

Jordan authored three books. “Starlight memories” is a collection of his favorite columns that he wrote for more than 50 years, and “Confessions of a Reluctant Alaskan” is a memoir.

His most recent book, published in 2017, is “Stampede: Saints, Successes, Suckers & Scoundrels of the Yukon Gold Rush,”  a collection of vivid tales about the characters of the gold rush. It has been featured as a “Book of the Week,” in Must Read Alaska’s Monday newsletter and the book is available through Amazon.

Services for family and church members will be held on Thursday, Jan. 17 at 7 pm in the Eagle River Presbyterian Church, 12836 Old Glenn Highway, Eagle River, Alaska.

A celebration of life will be held for the public at the Bartlett High School Auditorium on Saturday, Jan. 19 at 6 pm.

In lieu of flowers, donations may be made to the Chinooks Booster Club, cerchinooks.com and to the KNIK Little League, by contacting [email protected].

Eni buys Caelus interest in Oooguruk

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Italian energy group Eni has inked an agreement to buy out its Alaska partner Caelus Energy, taking over 70 percent of the Oooguruk oilfield.

The company had already acquired 124 exploration leases for a total of 350,000 acres from Caelus in August. The latest agreement was announced Thursday.

Caelus was formed in 2011 and has its headquarters in Dallas. Oooguruk is its flagship project in Alaska and has produced more than 27 million barrels of oil and millions of dollars in revenue for Alaska.

Caelus also has a lucrative project at Smith Bay and Nuna. Both were the result of Alaska’s exploration credit program, but Caelus has yet to be paid in full for its work there. Nuna is a shovel-ready project that could be online in just a few years and would employ hundreds of Alaskans producing billions of dollars in revenue for Alaska.

The terms of the Oooguruk deal were not disclosed and are subject to approval by regulators.

In production since 2008, Oooguruk is located three miles off of the North Slope coastline, and produces roughly 10,000 barrels of oil per day from 25 wells.  Oooguruk is believed to hold reserves of 100 to 150 million barrels of oil.

According to Eni, acquiring the 70-percent stake in Oooguruk will enable the company to boost its Alaska production by approximately 7,000 barrels of oil per day. The deal will allow the company to capitalize on efficiencies with nearby Nikaitchuq oil field, 13 miles to the northeast, which it already operates with a 100-percent working interest.

Eni also plans more production wells at both Oooguruk and Nikaitchuq and estimates it can increase its total production by more than 30,000 barrels a day.

Roughly half of Alaska’s federal workers are in shutdown status

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REASON: HIGH NUMBER OF BLM, FOREST SERVICE WORKERS

Of the 11,466 federal employees in Alaska, about 5,624 are in unappropriated status, according to Governing Magazine.

That means they are either working through the federal government’s shutdown or are on furlough, waiting for Congress and the president to come to an agreement over an appropriation for a wall along the U.S.-Mexico border.

Another 5,842 federal workers in Alaska are in agencies with appropriations during the partial government shutdown and are unaffected.

The figures do not include the U.S. Postal Service, which is not dependent on federal funding.

COAST GUARD IS UNIQUE; HAS BEEN PAID SO FAR

There are approximately 2,500 active duty, reserve, civilian, and auxiliary U.S. Coast Guard personnel in Alaska. The Coast Guard is the only branch of the military that is working in an unappropriated status during the partial shutdown.

However, the Department of Homeland Security and the Coast Guard ensured the workforce received a normal paycheck on Dec. 31, 2018. Retirees also received their pay, as expected.

The next paycheck for these employees, on Jan. 15, will require either an appropriation or a continuing resolution. Sen. Dan Sullivan is working on a fix for the Coast Guard.

Veterans Administration payments are not affected by the lapse in appropriations.

Most civilian employees, as well as military personnel stationed in Alaska, are still working because appropriations bills have been signed that cover several departments, including Education, Energy, Defense, Health and Human Services, Labor, and Veterans Affairs, and others.

The Departments of Agriculture, Commerce, Homeland Security, Interior, and Transportation are not yet funded. Workers at these agencies will receive back pay when the standoff between the president and congress ends and the appropriation bills are signed.

Alaska’s federal employees include 2,600 in the Department of Interior, 1,100 in Transportation, and 900 in Agriculture, mostly at the U.S. Forest Service.

The Washington Post reports that Alaska has the highest percentage of federal workers in unappropriated agencies. This is likely due to the fact that government employment represents such a large part of the Alaska economy, and the workforce is weighted toward Coast Guard, Interior, and Agriculture.

The news organization names Alaska as the top place in the country where shutdown impacts are concentrated, followed by Montana, Wyoming, New Mexico, South Dakota, West Virginia, Idaho, the District of Columbia, Maryland, and Virginia. But that account may be misleading and doesn’t take into account that Coast Guard members have been paid — so far.

In Washington, D.C., more than 102,000 federal employees are in agencies without appropriations, including about 32,000 at Homeland Security and Justice. Many of those workers continue to serve without pay, although pay has always been retroactive during past shutdowns.

Gun control measure to be introduced by Pelosi, Democrats

COMING TUESDAY: A NEW ATTEMPT TO CURB GUN SALES, TRANSFERS

On Tuesday, a proposal to mandate universal background checks for nearly all gun transfers will be introduced in the U.S. House.

The proposal is spearheaded by Democrat House Speaker Nancy Pelosi of California, Gun Violence Prevention Task Force Chairman Rep. Mike Thompson, also a California Democrat, and Republican Rep. Peter King of New York.

The existence of the bill was reported in Politico. It would make exceptions for “hunting and family” transfers, and does not address the boogeyman topic of “assault weapons,” sources have told reporters.

Critics say the attempt to force universal background checks is misguided, since the top cause of gun death is suicide, and in that cohort, male veteran suicide is the highest cause of gun death.

Beyond that, the leading cause of gun deaths are vice crime-related, especially involving illegal transfers of guns between criminals who are not legally allowed to own firearms and are not likely to register such transfers.

Former Arizona Rep. Gabby Giffords will be on the House floor on Tuesday to help introduce the bill. Tuesday is the 8th anniversary of the shooting that nearly killed her in Arizona. Six people died and she sustained extensive brain injury.

In a news release from Speaker Pelosi’s office, Giffords said, “Thanks to the relentless efforts of advocates, courageous gun violence survivors, and the American voters who elected new leaders to Congress, I am thrilled that for the first time in decades, the United States House of Representatives will no longer sit silent as our nation reels from the growing gun violence epidemic.”
Giffords Courage to Fight Gun Violence and a group called Everytown for Gun Safety far outspent the National Rifle Association to elect gun-control lawmakers to Congress during the 2018 midterm elections. The two groups’ campaign expenditures for gun-control candidates exceeded $37 million, compared to the NRA, which spent $20 million for pro-Second Amendment candidates.
Thirty percent of Americans own guns, and over 40 percent of Americans live in a home that has a firearm, according to the Pew Research Center in a report released on Dec. 27, 2018. Forty-eight percent of U.S. adults grew up in a household with guns, and 72 percent of Americans have fired a gun at some point in their lives.
Among Americans who own a firearm, 66 percent own more than one, including 29 percent who own five or more. A large majority of gun owners (72%) own a handgun or pistol, while 62% own a rifle and 54% own a shotgun, according to Pew.
Three-quarters of gun owners say they could never see themselves not owning a gun, according to Pew, whose summary of its gun survey can be found here.
Although critics of such surveys say they underestimate the number of Americans who own guns because gun owners don’t like answering survey questions about their firearms, views on gun laws trend along partisan lines, with 80 percent of Democrats wanting stricter gun laws, and just 28 percent of Republicans favoring the same. More than half of Republicans surveyed feel the current gun laws are acceptable.
Democrats and some Republican co-sponsors introduced a background check bill in November, but with Republicans in power, the measure never reached the floor for a vote. Even if it is moved forward in the House, it’s not likely to get out of committee in the Republican-controlled Senate.

Legend Urban Rahoi turns 100, parties like he’s 99

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When Urban Rahoi has a party, Fairbanks friends show up. So does Sen. Dan Sullivan and even former Miami Dolphins football player Larry Csonka, who flew from Florida for the occasion. They’re shown above in the photo along with Sullivan’s father-in-law, Bud Fate.

Rahoi and over 1000 friends gathered Saturday at the Pioneer Park Centennial Center, where a massive cake was frosted, lit, and staged.

And yes, an attractive woman (Paula Gambardella) jumped out of the cake.

Born in Upper Michigan in January of 1919, Rahoi began flying in 1934 and flew B-17 Flying Fortress bombers over Africa and Europe in World War II. He was also a bush pilot in Alaska, a hunting guide, homesteader, and builder.

He was married to Vienna on his 21st birthday, and brought her to Alaska, where they homesteaded along the Tanana River. She died at home in his arms at age 82, on Jan. 3, 2010.

In 1947 he started Interior Airways with Al Wright and Jim Magoffin. Over his flying career, he’s survived three crashes.

Rahoi also ran as a candidate for Alaska House of Representatives a few times, most recently in 2012.

Sen. Sullivan remarked on his legendary life: “What really describes a life, when you think about your service in World War II, flying B-17s, and what you’ve done for our great state, literally it’s no exaggeration. You are part of the Greatest Generation, that saved America and built Alaska.”

Indeed, Rahoi ‘s flying career spanned over 80 years, and he has piloted his plane as recently as 2018.

 

In September of 2016, Rahoi was at his remote lodge about five hours from Fairbanks. He was doing some repair work on his runway when he started feeling strange. He was suffering a stroke. Knowing something wasn’t quite right, he flew himself back to Fairbanks from Ptarmigan Lake, over an hour away, in his Cessna 206.

He continued not feeling well so drove himself to the hospital. Today, the stroke effects interfere with his balance, making it difficult to walk far, but he still does physical therapy, works out, and continues to get out on snow machines with friends who are more than ready to lend a hand.

During the party, video greetings were played from both Congressman Don Young and Sen. Lisa Murkowski. Czonka gave Rahoi his old autographed Miami Dolphins helmet for his next snow machine race. He recalled how Rahoi had urged him to get off his butt at age 65 and go sheep hunting with him. Rahoi was 85 at the time.

The event was organized by a dozen friends, led by one of his closest, Craig Compeau, who has made sure that Rahoi has gotten on his snow machine every year in the “Tired Iron” race for antique sleds, during which Rahoi rides a 1965 Polaris Mustang.

Survey: Senate Democrats want to hear from you

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SURVEY ASKS YOUR OPINION

Sen. Bill Wielechowski of Anchorage and his fellow Senate Democrats have a survey they want you to complete, because they want your opinion before they head to Juneau for the lawmaking season. The survey asks everything from your opinion on crime and the Pebble Project to whether you think state spending is too high, too low, or just about right. There’s also a question about paying back the portion of the Permanent Fund dividend that was cut during the Walker Administration.

Here’s the link to the survey:

https://www.aksenatedems.com/2019-session-survey/?fbclid=IwAR3ewDLxFHpuhyU9QnMh476bpaZjPDHGKEq8Qfl-ZiRSUrpVk4fwEU2GH5A

Sweeping changes to Uniform Code of Military Justice just went into effect

EVERYTHING FROM SEX TO COMPUTER CRIMES ADDRESSED

The Uniform Code of Military Justice was updated and went into effect this week, meant to modernize definitions for many offenses and adjust penalties and court-martial panels.

It also brought in a new category of computer crime laws and added definitions concerning behavior that pertains to extra-marital affairs.

The changes attempt to strike a balance between protecting the rights of the accused and empowering commanders to maintain discipline.

The Uniform Code of Military Justice is the foundation of military law in the United States that applies to all who serve in the branches of the military, including the National Guard. This is the most robust set of changes to the Uniform Code of Military Justice since it was enacted in 1950.

Alaska has nine military bases, with Fort Wainwright in Fairbanks and JBER — Elmendorf AFB and Fort Richardson — the largest. Alaska has more than 17,300 active military personnel and 4,593 reserve personnel, to which the UCMJ applies.

ADULTERY INCLUDES SAME-SEX

The offense of adultery is now called “extra-marital sexual conduct.” The new offense includes same-sex affairs and broadens the meaning of sexual intercourse.

The changes to law allow for legal separation from one’s spouse as a defense. In the past, military service members could be charged with adultery even if they had been legally separated for years but were not divorced.

Also in the past, prosecutors had to prove traditional intercourse to obtain a conviction for adultery. Under the new code, oral sex and other types of sexual intercourse are included.

PROTECTING JUNIOR SOLDIERS

Article 93a of the Uniform Code added stiffer penalties for recruiters, drill sergeants, and others in “positions of special trust” who are convicted of abusing their authority over recruits or trainees.

The maximum sentence was increased from two years to five years of confinement for those in authority engaging in prohibited sexual activities with junior soldiers.

Under the new code, even if the sexual behavior is consensual, it’s still a crime.

Article 132 now protects victims and those reporting crimes from retaliation.

An adverse personnel action against someone reporting such a crime can get the person in authority up to three years confinement without pay and a dishonorable discharge.

COMPUTER CRIMES

Article 123 now has penalties for those soldiers who access unauthorized information on government computers. Distributing classified information can earn a maximum sentence of 10 years confinement, but even wrongfully accessing it can get up to five years in jail.

Unauthorized access of personally identifiable information, or PII, is also a crime. Intentionally damaging government computers or installing a virus can also bring five years in the clinker.

Also updated are offenses involving the fraudulent use of credit cards, debit cards, or other access devices to acquire anything of value. The penalty for such crimes has been increased to a max of 15 years confinement if the theft is over $1,000.

If the theft is under $1,000 the maximum penalty was increased from five to 10 years confinement. This penalty also applies to those misusing a government travel card.

Cyberstalking is also now included as a stalking offense under Article 130.

COURTS-MARTIAL

A “bench trial” by a judge alone can now determine guilt or innocence for many offenses. Almost any charge can be referred to such a forum, except for rape and sexual assault, which requires referral to a general court-martial. However, if the offense has a sentence of more than two years, the accused has a right to object to such charges being referred to a bench trial and could request a special or general court-martial.

If found guilty at a bench trial, a soldier cannot be given a punitive discharge and the max sentence would be limited to no more than six months forfeiture of pay and no more than six months confinement. The judge can still adjudge a reduction in rank.

More than half of the cases in the Army are settled by plea agreements other than by trial.

Special courts-martial will now be set at four panel members. A court-martial convening authority can also authorize alternate members to be on a special or a general court-martial, she said.

Capital offenses such as murder require a 12-member panel.

For a non-capital court-martial, three-fourths of the panel members must agree with the prosecution to convict the accused. For instance, if only five members of an eight-member panel vote guilty, then the accused is acquitted. A conviction for a capital offense still requires a unanimous verdict.

OTHER CHANGES

More changes to punitive offenses include the definition of burglary, which now includes breaking and entering any building or structure of another, anytime, with the intent to commit any offense covered by the Uniform Code. In the past, burglary was limited to breaking and entering the dwelling house of another in the nighttime.

The penalty for wearing unauthorized medals of valor has increased from six months to a max of one-year confinement along with forfeiture of pay and a bad-conduct discharge. This includes wearing an unauthorized Medal of Honor, Distinguished Service Cross, Silver Star, Purple Heart or valor device. The maximum penalty for wearing any other unauthorized medal is still only six months.

The changes to the punitive articles are not retroactive to crimes committed before Jan. 1, 2019, but some procedural efficiencies will apply retroactively.

A team of military legal experts has travelled to 48 installations in 2018 to train 6,000 legal personnel and law-enforcement agents about the changes. Classes included everyone from judges to law clerks, and privates to generals.

[Read more at Army News Service]

Destroyer to be named USS Ted Stevens

The newest destroyer being built for the U.S. Navy will be named after the late Sen. Ted Stevens, a man whom Alaskans also refer to as Uncle Ted. Stevens died in a plane crash in Alaska in 2010.

The announcement came not from the Navy, but jointly from the offices of Congressman Don Young, and Sens. Lisa Murkowski and Dan Sullivan on Friday afternoon.

“It is an honor to help Secretary Spencer announce the naming of the USS Ted Stevens today,” said Sen. Sullivan. “As an Army Air Corps officer, a civil servant, and a historic U.S. Senator from our great state, Senator Stevens remains one of the shining examples of public service to our nation. We Alaskans affectionately called him ‘Uncle Ted.’ However, before he was our U.S. Senator, Senator Stevens bravely flew missions behind enemy lines in the Pacific Theater during WWII, supporting the now famous ‘Flying Tigers.’  I can think of no more fitting tribute than to name DDG-128, a powerful Arleigh Burke-class destroyer, after Ted Stevens. May this ship bearing his name continue his remarkable legacy for decades to come and may her crew gain inspiration for their missions from one of our country’s truly great men.”

“During WWII, Senator Stevens earned the Distinguished Flying Cross, the Yuan Hai Medal, and the Air Medal for his selfless and brave service as an Army Air Corps pilot. In addition to his notable military career, Senator Stevens was a public servant, a mentor, and a dear friend whose dedication and commitment to Alaska was nothing short of extraordinary,” said Sen. Murkowski. “I commend Secretary Spencer and the U.S. Navy for naming a future Arleigh Burke-class Destroyer, the USS Ted Stevens, in his honor—a remarkable acknowledgement of the service, sacrifice, and life of our Uncle Ted.”

“The Arleigh Burke-class of destroyers is one of the toughest and most capable warfighting tools our Nation produces, characteristics which also define my dear friend, the great Senator Ted Stevens,” said Congressman Young. “It is my honor to join my Senate colleagues and Secretary Spencer in announcing the naming of an Arleigh Burke-class destroyer as the USS Ted Stevens. From his service as a pilot in the Pacific Theater during WWII flying over the Hump, to his fierce advocacy for Alaska and our Nation, Ted always exemplified American patriotism. He dedicated much of his adult life in service to our Nation, and I hope that this ship continues to embody his legacy and its name gives her crew the inspiration needed to fulfill her missions.”

Arleigh Burke-class destroyers conduct a variety of operations from peacetime presence and crisis response to sea control and power projection, according to the Navy. The USS Ted Stevens (DDG 128) will be capable of fighting air, surface and subsurface battles simultaneously, and will contain a combination of offensive and defensive weapon systems designed to support maritime warfare, including integrated air and missile defense and vertical launch capabilities, the Navy said.

The ship will be constructed at Huntington Ingalls Industries’ shipbuilding division in Pascagoula, Miss., where the other destroyers of this class have been built. The ship will be 509 feet long, have a beam length of 59 feet and be capable of operating at speeds in excess of 30 knots.

MORE ABOUT THE DESTROYER

The Arleigh Burke destroyer class is a fighting machine. It’s the Navy’s first class of destroyer built around the Aegis Combat System and certain radar capabilities.

This class of fighting ship is named for Admiral Arleigh Burke, a World War II destroyer officer and later chief of naval operations.

The first ship of the class was commissioned on July 4, 1991, during Admiral Burke’s lifetime. After the Spruance class destroyers were finally decommissioned with the retiring of the last vessel in 2005, the Arleigh Burke-class destroyers became the Navy’s only active destroyers, until the Zumwalt class came online in 2016.

The Arleigh Burke class has the longest production run for any post-World War II U.S. Navy surface combatant, and the class has 62 vessels. It has an overall length of between 505 and 509 feet, and its weapons include 90 missiles.