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Supreme Court rules Alaskans a little bit less safe

ALVIN WASSILLIE DECISION HAS SB 91 RAMIFICATIONS
The Supreme Court of Alaska Friday issued a decision that may undermine the safety and security  of Alaskans.
In the case of Wassillie vs. Alaska, an inmate at a halfway house in Anchorage was seen by another inmate to be throwing what turned out to be a bottle of vodka into the house through an open window.
Alvin Wassillie was serving out the remainder of a felony sentence at Anchorage’s Parkview Center halfway house in 2010. He left the facility to look for a job. About the time he returned, staff saw someone toss a bag through an open window into the upstairs room.
Staff went upstairs and searched and found the bag with a bottle of vodka in it. The security manager identified Wassillie as the one who had thrown the bag, which presumably contained the contraband alcohol.
Since bringing alcohol into the halfway house was a rule violation, the staff called the Department of Corrections and made Wassillie wait in the lobby, as he was going back to jail. But DOC took hours to get there, so Wassillie decided to walk away.
Police located him later that night about three miles away.
The Superior Court jury found Wassillie guilty of escaping the halfway house, and on appeal, the ruling was upheld. But the Alaska Supreme Court heard the case and ruled that because the halfway house staff member who filed the incident report on the escape didn’t testify before the grand jury, that the incident report was just hearsay.
The conviction was overturned.
A 2015 audit of Parkview Center shows the organization met or exceeded all standards for safety, training, and monitoring of both inmates and staff. Yet, the center’s incident report wasn’t good enough for the Supreme Court, although the State had argued that it fall under Alaska Evidence Rule 803(6). That rule creates a hearsay exception for “business records,” reports, memos, and official data.
The State had countered that the incident report fell under the business records exception to the hearsay rule, and that even if it was inadmissible hearsay, the conviction should not be reversed because any error in the grand jury proceeding was later made harmless by what was ruled an error-free trial.
Two of the Supreme Court judges dissented from the majority position that the incident report was hearsay.
This case is important to the safety of Alaskans because many criminals, under the State’s new relaxed criminal justice practices allowed through SB 91, will spend time in house arrest, in halfway houses, or with electronic monitors while they await their trial, and pre-trial release conditions will include limits on their behavior and movements.
If a corrections staff report is inadmissible at the Supreme Court, criminals will have an advantage if they challenge a charge of breaking the conditions of their release.
Today, the public is safe from Alvin Wassillie, who is behind bars at Goose Creek Correctional Institution, where he awaits trial on a subsequent charge: “penetration without consent” or rape, as it’s usually called. It’s just one in a long list of crimes he’s either committed or been arrested for in his 44 years.

Peninsula Republicans ‘invite’ Rep. Seaton to switch

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DISTRICT 31 SAYS HE CAN’T RUN ON THEIR PRIMARY BALLOT

Lower Peninsula Republicans — from Soldotna to Homer — penned an open letter from District 31 explaining why they no longer believe Rep. Paul Seaton can claim to be a Republican, and why they are moving to kick him off the Republican primary ballot this year.

The Alaska Republican Party has taken similar measures.  Seaton and his fellow “Musk Oxen” House members, Gabrielle LeDoux and Louise Stutues , are not entitled to financial support from the party or any of its affiliates. The party has also asked the State Division of Elections to drop them from the Republican primary ballot.  Under Democrat Lt. Gov. Byron Mallott, the division has so far rejected that request.

The District 31 letter was released today and included an attachment outlining some of Seaton’s more egregious betrayals to the Republicans who advanced him to the General Election ballot in 2016, where he faced no Democrat opponent.

Seaton, 72, from Homer, is a registered Republican who formed an alliance with the Democrats. The Democrats put him in charge of the Finance Committee, where he serves as co-chair and continues his efforts to roll out an income tax on Alaskans. He is also a perennial advocate for raising oil taxes.

Seaton won his 2016 Republican primary with 48 percent of the vote, with two Republicans opposing him. John Cox won 27 percent and Mary Wythe took 25 percent.

He is seen to be at risk if only one candidate runs against him in the Republican primary this year. At this stage, two Republicans have filed: John Cox and Sarah Vance. A third, from the Funny River area, is rumored to be considering a run.

The District 31 Republican organization would like to eliminate the advantages Seaton enjoys as an incumbent.

The letter from District 31 Republicans, denying Seaton access to this year’s primary ballot, is reprinted here in its entirety, with attachments:

THE LETTER

To our Fellow Citizens and Friends:

District 31 Republicans respect open dialogue and the sharing of opposing views in a constructive format. We believe in holding our elected representatives accountable for what they do and how they represent the people.

That’s why the Alaska Republican Party took the unprecedented step of denying Representative Paul Seaton access to the primary ballot as a Republican in this year’s Legislatve election. We feel it is critical to communicate our concerns to the community directly so people understand why this step was taken and explain how this action will improve our democratic process.

We believe that presenting our position in a clearly articulated open forum removes any cloud of secrecy or “hidden motives” that might cause resentment. In an effort to enlighten the community on the specific issues and legislation that demonstrate how Paul Seaton has turned his back on area Republicans, we have included his positions and voting record on Page three.

The Alaskan Republican Party and local District 31 have the legal authority —backed by precedent—to prevent Seaton from running as a Republican. Political partes are associations of like-minded individuals with broad constitutional protections to define their terms of association. While ARP continues to welcome all people of every race and cultural background who share our values, we are unwilling to let the government force us to accept our rivals’ abuse of our name and our Republican Party label in the upcoming primary election. As much as Paul Seaton may insist that he is not our adversary, his actions prove otherwise. Republican leadership and caucuses are united in their position: Paul Seaton cannot appear on the ballot as a Republican. Not in District 31, not anywhere.

The views expressed here are not those of every Republican, but they do speak for the majority and are the result of leadership votes at every level. Paul Seaton’s actons diverge completely from Republican priorities. His voting record, summarized on the following pages, constitutes such a clear break from his professed party affiliation and its objectives, that we regard him as destructive to our party.

Finally, we acknowledge that this is a big step and it has not been taken lightly. It is a necessary step to preserve our integrity and purpose as a party. This is a grass-roots effort, not orchestrated by outside activists, party bosses or “big oil”, as some will suggest. Republicans in District 31 are speaking up. We are the voice behind this initiative and for too long our voices have been silenced by a person pretending to support Republican priorities.

Representative Seaton is not being denied his right to free speech or free association. He switched his allegiance and association voluntarily and decided to associate with the Democratic party. The Democratic party is where his true allegiance resides and where his opinions are welcomed and rewarded. Paul Seaton has “made his nest”.

The action by ARP has already strengthened democracy and the election process by encouraging other Republican candidates to step forward to seek the endorsement of our party, potentially resulting in several choices to represent our party in the General election. This is precisely what primaries are intended to do. Yet, for too long Mr. Seaton has used our party label to advance his own personal interests, not those of our party.

Mr. Seaton is welcome to run for office as a Democrat. If he is honest and true to his principles, he should do exactly that. In any event, Seaton has no right to complain about “why he cannot be what he is not, a Republican”

Thank you,

District 31 Republican Officers

Nona Safra, Chair
Michael Fell, Vice Chair
Julie Wasser, Secretary
Kathy Wallace, Assistant Secretary
Eileen Becker, Treasurer

THE ATTACHMENT

Paul Seaton’s Voting Record

Seaton, as Finance Co-Chair, plays “hide and seek” with the budget and government spending. His recent explanation of a $200 million “oops” in a “supplemental appropriation” is an example of dodging accountability.

Seaton has presided over the most contentious, partisan, “do-nothing” session in our history. His defection to the Democrats placed his individual interests (desire for power and status) ahead of the people and led directly to our current impasse on necessary budget reductions.

Seaton has presided over two budgets that have taken half your dividend and cut ZERO from the combined operating budget—at a time when we clearly need reductions in spending. Alaska’s government spending is the highest per-capita in the nation, by a huge margin, and yet Seaton believes we have nowhere left to cut. Seaton supports the Governor’s fuel tax, his payroll tax, and removal of property tax exemptions for seniors, all of which drain capital from our private sector.

Seaton supports reneging on promised tax credits–admittedly generous, but which were promised.

Seaton favors taking more of your dividend through creative “restructuring” and POMV—lower payouts that do nothing to protect the Permanent Fund.

Seaton led the effort to expand Medicaid, with hidden costs and no controls—a decision that is breaking the back of working Alaskans. Seaton consistently disregards the needs and health of the private sector.

Seaton rates among the lowest in the Legislature every year in terms of “Supportive of Alaska Business”. Seaton voted for looser sentencing and drug laws, leading to our present crime wave and drug epidemic.

Seaton’s District has the second highest unemployment rate in the State. After a decade in the Legislature, nothing has changed. His record in support of jobs and economic opportunity reflects ZERO concern for private sector.

For example: he supports HB142 that RAISES unemployment insurance on businesses to fund more unemployment benefits that his policies (or lack thereof) has created!

Seaton consistently fails to support reforms to existing wage and hour laws that kill employment and entrepreneurship in Alaska.

Seaton rejects reasonable repairs to our worker’s compensation system.

Every year, Seaton leads the charge to increase oil taxes, already the highest in the free-market world. He thinks higher taxes creates more revenue.

Seaton has introduced bills to increase mining tax and gravel extraction tax. His sponsorship of bills on mixing zones were so burdensome that our own shore-based treatment plants and ferry system would not comply.

Seaton refused to allow any Republican amendments last session that sought even minor reductions to the budget onto the floor for a vote. His representations that the total operating budget was cut in 2017 (i.e. without capital spending and reductions to dividend) is unsupported by facts.

Seaton, for over a decade, has continuously voted against building strong families, against parental rights, against protections for private property rights, and for increased regulation and Federal Government oversight (Prop 2, Law of the Seas Treaty). 

Seaton wastes inordinate amounts of public time on the issue of Vitamin D, spending an entire finance meeting during a special session arguing how Vitamin D can save Alaska $250 million.

Brutal: ‘Nothing to say’ mayor video is back, Part III

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PLUS, GOVERNOR’S CHIEF OF STAFF MAKING POLITICAL ENDORSEMENTS?

Just two days after firing off a blistering statement against Republicans, Gov. Bill Walker’s Chief of Staff Scott Kendall today endorsed Anchorage Mayor Ethan Berkowitz, a hardline Democrat.

Perhaps Kendall sees the writing on the wall for Gov. Walker, whose popularity is dropping dramatically, according to recent polls. Coincidentally, this week’s fundraising reports show Berkowitz has twice as much in campaign dollars as his challenger, Rebecca Logan, and he has the incumbent’s advantage. The mayor’s office would make a soft landing for Kendall.

It’s highly unusual for a governor’s chief of staff for make endorsements, especially in municipal races. An endorsement by a chief of staff or cabinet official reflects directly on the chief executive.

Which begs the question: Is Gov. Walker endorsing Berkowitz or has the chief of staff gone rogue?

Not everyone is so enchanted with Berkowitz. While the governor’s chief of staff and the mayor are drinking martinis, a person known as “Reformed Snowflake” could be launching yet another political Molotov cocktail at the mayor. He has done so for three weeks in a row in videos that show Berkowitz as completely disengaged from his role as mayor and seemingly unconcerned about the deteriorating condition of the city.

Like Parts 1 and 2, which launched earlier, the mayor’s only comments are, “Nothing to report, Madam Chair.”

See Part 2 here:

 

See Part 1 here:

Juneau Assembly could look for revenue closer to home

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By WIN GRUENING
SENIOR CONTRIBUTOR

Our Juneau Assembly’s vote to apply to the Local Boundary Commission for an expansion of borough land area (mostly on Admiralty Island) met with something less than universal approval.

To be fair, the Assembly was merely pursuing the commission’s own recommendation from the 1990s that described what our “model borough boundaries” should look like.

But testimony prior to the vote was universally in opposition and no Assembly member spoke in support. Presumably, the areas proposed for annexation may someday be a source of revenue but today they are primarily sparsely populated wilderness outposts with cabins and campsites only reachable by boat or airplane.

Property owners are naturally asking what benefits would accrue to them by paying taxes and if Juneau building codes and other government regulations would suddenly hijack their wilderness experience.

City leaders have responded that regional services provided by Juneau’s hospital, harbors, and the airport, for example, need to be supported by owners of property using them – even if the property isn’t located in Juneau proper.

I may be proven wrong, but, from the city’s standpoint, this seems like an uphill battle with little reward to show for it.  The revenue gained appears marginal and the cost of appraising wilderness properties may eclipse whatever revenue is received.

Why not concentrate on other ways to raise revenue closer to home?

OVER 40 EXEMPTIONS TO SALES TAX

One area to examine is our borough sales tax code exemptions. Other than the highly publicized modification of the senior sales tax exemption several years ago, there has been no serious attempt recently to scrutinize the various sales tax exemption categories – currently numbering over 40.

Exemptions that made sense when drafted years ago may no longer be fair or equitable and may not be serving a legitimate public purpose.  Exemptions not commonly offered by most other state and/or municipal entities should be targeted first – especially if significant revenue is involved.

Exemptions of sales where the amount of revenue is minor, or where collection costs outweigh any gain need not be modified.  But to the extent we can selectively prune exemptions, this will benefit all residents as it lessens the need to consider raising our sales tax rate in the future.

Last year, Deputy Mayor Jerry Nankervis started the ball rolling by asking the City Finance Director, Bob Bartholomew, to study the exemption currently being applied to charitable organizations. He noted the exemption, as written, was overly generous in that it not only exempts sales to charitable organizations but also sales by charitable organizations – even if the buyer is not tax exempt.

The wording of the exemption in borough code reads – in part – this way

CBJ 69.05.040 Sales, services and rentals to a buyer, or made by a seller, organized and administered solely by an organization that has a current 501(c)(3) or 501(c)(4) exemption ruling from the Internal Revenue Service…provided this exemption applies to sellers only if the income from the sale is exempt from federal income taxation. 

As Nankervis correctly noted, this allows some non-profit entities to sell goods and services – sometimes competing directly with private businesses – without having to collect sales tax from the customer.

Examples of this are the Sealaska Heritage Institute gallery downtown and the Discovery Southeast gift shop at the Mendenhall Glacier Visitors Center. Both sell products to thousands of tourists visiting Juneau each year in direct competition with local businesses selling the same or similar items.

There are other examples of organizations that could be collecting sales taxes from willing buyers. After all, most visitors expect to pay sales tax when purchasing jewelry, art, books or souvenirs.  It’s hard to believe the 5 percent sales tax would make a bit of difference to the buyer.

City staff is now surveying all non-profits in Juneau and notified them of the requirement to file an annual sales tax return.  The data from those responses will be compiled by this month and allow initial rough estimates of exempt sales and possible revenue sources.

Stay tuned for a subsequent column following up on that report as well as additional information comparing this exemption to those found in other cities and states.

Win Gruening was born and raised in Juneau and retired as the senior vice president in charge of business banking for Key Bank in 2012. He is active in civic affairs at the local, state, and national level.

District E provides more names for Senate seat

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On Thursday, after three days of political grief and grumbling, Gov. Bill Walker asked the Alaska Republican Party to provide him with additional names of people to serve as the senator for District E. The seat has been vacant since Sen. Mike Dunleavy resigned to run for governor on Jan. 15.

Walker made the request to Alaska Republican Party Chairman Tuckerman Babcock through his chief of staff Scott Kendall on Thursday night.

By Friday evening, Babcock had worked with House District 9 and 10 chairs and the Republicans forwarded these names:

  • Christopher Kurka of Palmer, District 9, former executive director of Alaska Right to Life and owner of an accounting business
  • Vicky Wallner of Palmer, District 9, a businesswoman and founder of Stop Valley Thieves Facebook page
  • Mike Shower of Wasilla, District 10, a FedEx pilot and former USAF pilot
  • Doyle Holmes of Palmer, District 10, a businessman and Republican Party District 10 chair.

Babcock had already forwarded Wallner’s name to the governor.

* * *

The drama began last Friday, when Walker appointed Randall Kowalke to fill the vacancy. Kowalke didn’t have the support of the districts or the volunteers who had spent hundreds of hours looking for candidates. They were insulted that Walker dismissed their efforts, refused to communicate with them, and and then picked someone they had not put on the short list.

Senate President Pete Kelly then sent word that he’d rather the governor work with the district. But Walker shot back, demanding that Senate Republicans vote Kowalke up or down.

They voted him down and provided this statement:

“This morning, Gov. Bill Walker’s nominee to the District E Senate Seat, Randall Kowalke, failed to be confirmed after Senate Republicans met to decide the issue.

This morning’s decision followed efforts yesterday by Senate Republicans encouraging the governor to reconsider his choice and work through the traditional process in support of the people of District E.

On behalf of Senate Republicans, Senate Majority Leader Peter Micciche (R-Soldotna) released the following statement.

“We believe the people of District E should be given an opportunity to fill the seat with a candidate they support through the traditional process, which is designed to respect the will of the voters. The seat does not belong to us in the Senate, or the governor. The seat belongs to the people of District E.”

Within hours Walker named US Marine veteran Tom Braund to fill the seat. But Braund withdrew within the day, and the governor’s chief of staff sent out a blistering statement about the Republican Party.

“To be clear, the Governor absolutely does not endorse any of the three nominees sent to him by the Republican Party, including Thomas Braund. The Senate Republicans rejected the Governor’s nominee—Randall Kowalke—and then publicly demanded that he appoint one of the three nominees endorsed by Party officials.  Essentially, they announced they would deprive the people in Senate District E of representation unless this demand was met.  The Governor does believe that District E is entitled to representation.  Accordingly, all questions regarding Mr. Braund’s fitness and qualifications for office should be directed to the Republican Party— who did vet Mr. Braund and, by vote, endorsed his beliefs as acceptable to them—as well as to the Senate Republicans who rejected Mr. Kowalke and specifically requested such a Party-approved nominee.  The Alaska Republican Party and the Senate Republicans now have the nominee they demanded.” – Scott Kendall, Chief of Staff

 

The governor’s work to replace former Rep. Dean Westlake in District 40 took a much different and more friendly tone:

“Under state law, the governor could appoint any democrat from the district, but he has certainly been committed to engaging in a conversation with the district leaders in House District 40 and has been very appreciative of the process they went through, because the end result is to find the democrat who represents the values of House District 40 and is prepared to serve. So, he’s definitely been engaged in trying to find a path forward that will lead to that.” – Austin Baird, press secretary to Gov. Bill Walker, as quoted by the Arctic Sounder

 

 

 

Nixle leads to arrest of homicide suspect

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GOT ONE

On Friday afternoon, police received a tip that homicide and robbery suspect Aarron Settje was inside the Target store on West 100th Avenue.

Settje was wanted in connection with a homicide of 33-year-old Kortez Brown, who died of a bullet hole after being shot on Jan. 13. A warrant was issued for Settje’s arrest on Jan. 27.

Someone inside the Target recognized Settje from a Nixle alert and called 911. Police observed him walking out of the store and driving away in a black Saturn sedan. Officers stopped the vehicle in the area of C and Dimond and took Settje into custody.

Nixle alerts are email and text messages from local police and give information about everything from closed roads and accidents, to persons of interest.  Sign up for them here.

Detectives are still searching for Stephen Settje, who is wanted in connection with an armed robbery at Sportsman’s Warehouse. For details click here: http://local.nixle.com/alert/6385951/

Wanted in connection with murder, and now robbery

 

Rauscher files for Dunleavy seat

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Rep. George Rauscher, who defeated Rep. Jim Colver in 2016 in District 9, has filed to run for the Senate seat vacated by Mike Dunleavy, who is running for governor.

Rauscher, a 38-year Sutton resident, ran a scrappy “Rock Solid Rauscher” campaign against a well-funded and union-backed Colver in the August primary. He easily won over Pam Goode, the Constitution Party candidate.

Colver had been targeted for removal by the Alaska Republican Party because he was part of the Musk Ox Coalition with Reps. Gabrielle LeDoux, and Louise Stutes. That group broke from the House Majority Republicans and ultimately flipped the House to Democrat control.

Known for his casual, cowboy drawl, Rauscher represents a wide area that encompasses Big Delta, Delta, Farm Loop, Fishhook, Glennallen, Sheep Mountain, Sutton, Valdez, and Whittier.

Rauscher applied to be appointed to the seat, which became vacant in mid-January, but Gov. Bill Walker rejected his name, explaining through his press secretary that a small handmade sign Rauscher had put on his office door disqualified him to be a senator. The sign was a jab at Democrats who have gotten themselves into trouble with sexual harassment and dating violence.

Even though he was not going to be appointed to the seat, Rauscher had intended to run for it, so he was at the Division of Elections at 5 pm, filing his paperwork.

“This is a time when the people of District E need an experienced representative in Juneau who has the political understanding and historically holds the same values as their outgoing senator,” he said.

Rauscher has served on the Sutton City Council, Jonesville Public Use Committee, Alpine 31 Road Service Advisory Board, and Primary Ma-Su Borough Road Service Advisory Board.

During his first year in office, he sponsored legislation to restore the full Permanent Fund dividend to eligible citizens, and he sponsored legislation to create the Jonesville Public Use Area. That bill has been stuck in a drawer by Rules Chair LeDoux.

Randall Kowalke has also filed a letter of intent to run for the District E Senate seat. He was the governor’s first choice to replace Dunleavy, but the District E Republicans pushed back on the appointment, and he was not confirmed by the Senate.

Kowalke was elected to the Assembly in the October 2015, borough election, representing Assembly District No. 7, which encompasses Meadow Lakes west to the border of the borough; and the northern border of the borough up to the Denali Highway.

Compulsive car thief behind bars, but will she stay there?

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The courts can barely keep up with Saliloimanatu Toilolo. She keeps taking those five-finger-discount cars in the Anchorage area.

But the 32-year-old’s trouble with the law goes way back to her teens.

She was arrested for stealing a car in 2004, but pled to a less serious offense. Then there were a string of minor offenses, like driving on a suspended license.

In January of 2011, Toilolo was arrested for shoplifting, and by then she had a long record of lawbreaking.

Fittingly, she created the email address “lawbreaker_22@—.com.”

On Aug. 15, 2017, Toilolo “attempted” to steal another car. She was out of jail again.

On Oct. 26, 2017 she was apprehended by Anchorage police in a stolen silver 2003 Cadillac Escalade. The vehicle had been sought by officers for weeks.

[Read: Catch and release through the court system; Toilolo nabbed again]

That case hadn’t even gone to trial when she was again arrested Jan. 11 after leading police on a high-speed chase in a stolen car that had plates from another stolen car. They caught her after she slammed the blue Honda into a retaining wall.

The vehicle had been stolen in a home burglary committed on Dec. 31, 2017. The rear license plate belonged to a different vehicle reported stolen on Nov. 18.

But her pretrial assessment under said she was low risk, and she was back on the street.

On Feb. 13, police caught her again in yet another stolen car. She scored a “7” on her pretrial risk assessment this time, just high enough for corrections officers to give her a cot at Hiland Mountain Correctional Center. Her risk assessment form is below:

 

Judy Brady steps down from ML&P Commission

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By ANCHORAGE DAILY PLANET

‘TROUBLED BY THE PROCESS’ OF SALE TO CHUGACH

Judith Brady, longtime head of the city’s Municipal Light & Power Commission, has resigned, citing concerns about how officials are handling the run-up to the April election to decide whether Anchorage will negotiate a proposed $1 billion sale of the city’s electric utility to Chugach Electric.

In her Jan. 25 letter to Anchorage Mayor Ethan Berkowitz, Brady said she supports the decision to “review” the sale, but, “As you are also aware, I am also troubled by the process.

“Two nights ago the Anchorage Assembly voted to put the question on the April ballot. This vote includes a change to the Municipal Charter to lower the required public vote from 60 percent to 50 percent. This vote was taken after a series of executive sessions by the Assembly, in which the details of such a sale were discussed and decided. These discussions and information on which they were based remain confidential.

“This is the first time in a Alaska’s history a transaction of this size has been put on the ballot based on confidential information and after only one public hearing

“While the Assembly made it clear, if the public voted ‘yes’ to approve the sale, there would be several months of continued negotiation, “my concern is that these negotiations would continue to be in executive session. I am also concerned the only information available to the public will be from a Chugach  PowerPoint in which only cites their benefits.”

Brady said she was “uncomfortable” serving on a “municipal commission and publicly expressing views that may not agree with Municipality’s position.”

[Read the rest of this story at Anchorage Daily Planet.]

[Read: Shadow mayor Begich behind sale of ML&P?]