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Assembly loses: Court tosses equity officer scheme, which violates Anchorage charter and separation of powers

Mayor David Bronson applauded the Alaska Superior Court’s ruling that Assembly Ordinance 2020-79(S), which creates the Office of Equity and Justice in the Municipality of Anchorage, is invalid because it violates the Anchorage Municipal Charter. 

The ruling came from Superior Court Judge Dani Crosby.  Judge Crosby held that Assembly Ordinance 2020-79(S) is invalid because it conflicts with the charter provisions granting the mayor removal power of municipal department heads and establishing the separation of powers between the executive branch and the Assembly.

Judge Crosby found that the Anchorage Assembly created a municipal department under direct supervision of the mayor by placing the Office of Equity and Justice within the office of the mayor.

The court also found that because the Office is a municipal department, the Chief Equity Officer is a department head under the Charter. Judge Crosby held that the Charter prohibits any limitations on the mayor’s power to remove department heads. 

Judge Crosby also held that the ordinance’s infringement upon the mayor’s power to remove department heads violates the charter’s separation of powers provision because it permits interference with powers explicitly delegated to the mayor.

“The ordinance the Assembly passed is a clear violation of my authority and executive powers,” said Bronson. Since the beginning of my administration, this assembly has consistently infringed on the executive branch’s authority and purview. I applaud the Superior Court for their ruling protecting separations of powers and preventing the assembly’s repeated, autocratic overreaches of power.”

Attached is the ruling by Superior Court Judge Crosby.

Assemblyman Chris Constant blames mayor for homeless ‘disaster,’ as Alaska Humanities Forum officer calls campground a ‘Bronson concentration camp’

Anchorage Assembly Vice Chair Chris Constant continued the narrative that the Centennial Campground, a sanctioned campground for homeless individuals, is a “humanitarian crisis.” One of his political allies has dubbed it “Bronson’s concentration camp.”

After shooting a police officer at the Centennial Campground on Wednesday, Iese Gali Jr. was charged with attempted murder in the first degree of a police officer, assault in the first degree of a police officer, assault in the third degree of a police officer, and misconduct involving weapons in the third degree. A judge has set his bail for $1 million cash.
 

Constant, in an Assembly work session today, strongly inferred that the mayor is unfit to run the city. Constant was the author of a recent ordinance that allows the Assembly to remove the mayor at its own discretion, based on whatever criteria it wants.

Constant and his left-leaning colleagues have fought with Mayor Dave Bronson for over a year, preventing him from rolling out his navigation center and plans to resettle people who had been warehoused in the Sullivan Arena by the previous mayors, Ethan Berkowitz and Austin Quinn-Davidson.

Constant issued the following official statement in his role as the acting chair of the Assembly:

“Following a shooting at Centennial Park campground last night, July 20, 2022, in which a police officer and one other person sustained serious injuries following an exchange of gunfire, Acting Assembly Chair Christopher Constant offered the following statement to the community:

“My heart goes out to everyone affected by this horrible incident – the officer who was injured, and who thankfully is recovering now, and their family, the people camping at the park who have already faced so much trauma and hardship, the volunteers and community organizations who are working around the clock to address this humanitarian crisis, and everyone in our community who is watching this disaster unfold.”

Constant failed to mention that the previous mayor created a hellacious scenario near the Sullivan Arena that made the entire neighborhood unsafe, including children using nearby ballfields. He neglected to mention there were multiple attacks and sexual assaults in and around the Sullivan Arena during the two-plus years that homeless were warehoused there.

Constant also reiterated that he will support a plan being brought by three members of the Assembly: Felix Rivera, Kameron Perez-Verdia, and Danial Volland, which has a fiscal note of over $20 million to provide instant housing for everyone who is homeless in Anchorage who wants a home.

“This situation in untenable and something must be done to provide safe, permanent, and sustainable housing for the most vulnerable in our community. I look forward to supporting the housing plan brought forward by Members Rivera, Perez-Verdia and Volland. If funding for their plan is approved, we will have 300 units of housing available by winter,” Constant said.

“However, their housing plan is not an immediate solution and I implore the mayor and his team to muster all available municipal resources to fix the problem immediately by securing safe shelter for those who have been moved by the Municipality to Centennial Park. For the first time in more than a decade we have unsheltered families with children.”

Constant continued his statement by thanking all who are helping the homeless:

“In the meantime, I thank all of those in the community who are responding to help our fellow neighbors in need. Volunteers are living and visiting the camp to help. Social service agencies and their donors like Beans Café, RurAL CAP, Catholic Social Services, and the Anchorage Coalition to End Homelessness are providing food and basic services,” Constant said.

However, the Anchorage Coalition to End Homelessness earlier this week withdrew from involvement with the campground, but has since reconsidered, while not exactly committing to helping the campers.

Constant continued: “George Martinez and the Northeast Community Council are keeping the focus on this issue. Anchorage Parks & Recreation Department staff are doing the lion’s work of providing order, Anchorage Fire and Police department officers are working hard to keep the campground safe, and the Anchorage Health Department is doing the best they can by stopping other projects to focus on this issue. Countless community members and organizations have held clothing drives, donated food and supplies, and volunteered valuable time. For all you have done to provide support to our most vulnerable neighbors, the leaders of this city owe you and our Centennial Park neighbors action on this issue,” Constant said.

Martinez was a failed candidate for mayor last year and was an insider in the Mayor Ethan Berkowitz administration, which ended in 2020 after Berkowitz resigned during a scandal. He works at the Alaska Humanities Forum, where his boss is the CEO of the organization: Kameron Perez-Verdia, who is also a member of the leftist majority on the Assembly.

Martinez, who has remained a community activist, went on social media to call the campground the “Bronson concentration camp.” Such references of non-Holocaust conditions are considered by the Left to be anti-semitic. It appears he was trying to convince social service agencies to abandon their mission of helping the poor:

Not referring to Martinez’ statement, Constant concluded his statement by saying, “This humanitarian crisis is showing the best and worst of Anchorage and I have faith that by coming together and working collaboratively, we can address this crisis and do better for our community.”

In his own communications online, Constant has begun referring to it as Bronson’s Camp, has called Bronson “America’s cruelest mayor,” and has attacked Suzanne Downing of Must Read Alaska.

Meanwhile, Assemblyman Forrest Dunbar showed the collaboration that he and the leftist majority has with the mainstream media, also attacking conservative writer Suzanne Downing, who writes this blog:

Constant, who just failed in his run for Congress, is serving as acting chair of the Assembly due to Chairwoman Suzanne LaFrance being out of town.

Details emerge, as suspect named in shooting of officer at campground; suspect shot first

New details have emerged about the man who shot at police at the Centennial Park Campground on Wednesday night in Anchorage.

Police were patrolling the campground at about 7:52 pm when they spotted a truck parked at a campsite that matched the description of a vehicle that eluded police on July 19, 2022. 

Both officers exited their vehicles to investigate. They saw an adult male, later identified as 32-year-old Iese Gali Jr., walking near the truck.  Officers attempted to talk to Gali, but Gali ignored them and walked toward a minivan parked nearby.

Officers ordered Gali to stop; Gali ignored the commands and got into the front passenger seat of the van. Officers begin to pull Gali from the vehicle. A struggle ensued during which time Gali produced a firearm and fired at the officers, injuring one. 

Both officers returned fire and radioed for backup. 

Citizens at the scene provided aid to our injured officer until backup arrived. Responding officers administered life-saving measures to Gali which medics took over upon their arrival. Gali was taken to Alaska Native Medical Center for treatment and is expected to live. It does not appear that Gali was a guest at the campground but had come into the campground to pay someone a visit.

A warrant has been served for Gali Jr. for the following charges: Attempted Murder in the First Degree, Assault in the First Degree, Assault in the Third Degree, and Misconduct Involving a Weapon in the Third Degree. Once Gali is discharged from the hospital, he will be remanded at the Anchorage Jail. 

Gali has a violent past. In January of 2021, he and another man were involved in a shooting in a business parking lot on W 8th Ave downtown. Gali was not the actual shooter. But Gali and the shooter were in a verbal altercation that turned physical, with the two men punching a third man, who was then shot; the two they got into their vehicle and left the scene. They obtained a felony arrest warrant for Gali for the charges of Assault I, Assault IV, and Reckless Endangerment.

In 2015, police responded to a address where it was reported that Iese Gali Jr., then 26, had assaulted a woman.

“APD is extremely grateful for the witnesses who not only provided aid to our injured officer but stayed at the scene and provided excellent statements of what they had seen,” the police report says of Wednesday’s encounter with Gali Jr.

The injured officer was transported to a local hospital. The officer sustained serious injuries to his abdomen but is expected to survive.

Per department policy, the state’s Office of Special Prosecutions will review the officer’s use of force and determine whether or not it was justified. Once that has been completed, APD Internal Affairs will review the officer’s actions to confirm whether or not there was any violation of policy. APD practice is to put the officers on four days of administrative leave. Their names will be released publicly 72 hours after the inciden

After officer is shot by suspect on the lam, three Anchorage Assembly members issue statement: Back the Blue, the heroic men and women of APD

Three members of the Anchorage Assembly issued a statement regarding the shooting at the Centennial Campground on Wednesday evening. Assemblywoman Jamie Allard and Assemblymen Kevin Cross and Randy Sulte provided this statement to the media:

“Wednesday night, July 20, 2022, two Anchorage Police Department officers responded to the Centennial Campground and conducted a field interview with a known suspect from an earlier eluding.

“The suspect was uncooperative and fought with the officers. At one point the suspect produced a handgun and fired at the officers. One of our city’s police officers was struck in the abdomen.

“Both officers returned fire and struck the suspect multiple times. Our victim officer was transported to Providence Hospital for emergency treatment. Dozens of police officers and first responders heroically and immediately responded to the scene to provide aid and stabilize the situation.

“The officer is out of surgery, stable and his family was able to visit. Additional information will come out later as the officer recovers. Visitation is still limited at the hospital, and it is requested everyone stay away for now and await more information.

“The suspect shooter was transported to Alaska Native Medical Center and is expected to survive.

“This is a stark reminder of the risk and sacrifices our fine men and women of the Anchorage Police Department and our emergency responders face on a daily basis each time they put on their uniform and take to the streets of our beloved city to respond to threats, enforce laws, and lend help to those in need.

“We wish the officer involved a full and speedy recovery and know this officer will receive the full and overwhelming support of our community. 

“Our hearts also go out to the victim officer’s family, the police officer’s partner, the entire APD force, emergency medical technicians, friends, and colleagues during these difficult times. We can only imagine the impact of this news and are thankful the outcome was not more severe.

“We are also thankful for the deep knowledge, experience, and training that have been provided to our officers by our city and the Anchorage Police Department Employees Association (APDEA) to handle the multitude of situations that they face on a daily basis.

“The department and APDEA are always looking for new officers and if you feel you have what it takes to answer the call, we encourage you to reach out to APD and APDEA.

“For the rest of us in the Municipality, we need to unify and help where we can by being vigilant stewards of our neighborhoods, reporting crimes, and volunteering for local community patrols, neighborhood watches, and other civic groups where we are able.”

The three members of the Assembly, who represent the minority conservative branch of the 12-member body, included links to where people can apply to become involved in public safety in Anchorage:

APDEA: Home – APDEA – Anchorage Police Department Employees Association

APD: Anchorage Police Department

Anchorage Coalition of Community Patrols: Anchorage Coalition of Community Patrols – Home (accpatrols.org)

Win Gruening: Should Juneau’s Assembly take sides in a municipal election?

By WIN GRUENING

Juneau’s upcoming Oct. 4 municipal election will feature a longer than usual ballot.  Besides the three assembly seats and two school board seats up this year, the ballot will contain several financial measures and a repeal initiative that voters will decide.  

In the past, voters have relied primarily on media reporting of Assembly actions and short informational descriptions available on the city website, voter pamphlets, and the printed ballot to inform their decisions. Legal constraints may limit governmental entities going much beyond this to campaign for or against municipal ballot measures, but traditionally city officials have refrained from active advocacy, allowing voters to research their own voting choices.

At their next assembly meeting on Aug. 1, assembly members will take public testimony and debate a departure from this long-held tradition. They will be considering the expenditure of a significant amount of public money to persuade voters how to vote on two of the measures on the October ballot.

The Assembly created this situation through a less than transparent and rough-shod property tax assessment policy and a budgeting process that funded a number of controversial projects.  

First, the recent sharp increases in commercial and residential property assessments followed by acrimonious and drawn-out appeal processes for hundreds of property owners was further compounded by a new city requirement to publicly disclose property sales prices or face a stiff fine.  This left many property owners with a distrust of the taxing regime and spawned a petition to reverse the disclosure requirement which will now appear on the October ballot.

Second, during this year’s budgeting process, seemingly there was little the Assembly was unwilling to fund despite Juneau’s shrinking population and declining student counts in the schools. Millions of dollars towards a cultural arts center, previously turned down by voters, coupled with a brand-new city hall topped the list.  Projects approved for funding in the 5-year 1% sales tax renewal were so numerous that the Assembly couldn’t fund them all.   Solution: the Assembly carved out millions for park improvements on a separate bond issue that will also be on the October ballot.

Suddenly, the Assembly has realized that a ballot containing the $60 million 1% sales tax renewal, $6.6 million for parks, $35 million for a new city hall (on top of the $6.3 million already allocated), along with a ballot measure to repeal property sales price disclosure, will finally persuade taxpayers to say enough is enough.

Hence their decision to consider “educating” voters by committing up to $50,000 for a professional campaign that would actively promote the construction of a new city hall and openly oppose the repeal of mandatory real estate price disclosure.

This is an inappropriate use of public money.

The Juneau city manager believes that absent municipal participation in these public decisions, voters won’t have access to the facts or best arguments supporting the City Hall proposal or the merits of mandatory real estate price disclosure.  

The problem is that what the Juneau Assembly and city staff construe as “fact” may only be their opinion or interpretation.  Their stated intent is not to remain neutral.

For instance, on the real estate disclosure ballot repeal measure they can express an opinion that tax assessments won’t be as accurate if it passes but need not weigh that against citizen privacy concerns.  

City staff will also make the argument a new city hall will save $800,000 per year in rental costs but even the city’s own cost/benefit analysis revealed it will take over 50 years for the project to break-even, assuming interest rate and construction cost projections are accurate.

Essentially, Juneau city leaders fear that the public will not rely solely on Assembly assurances but will also consider opinions expressed and facts available on social media and through private advocacy groups.  

Spending $50,000 of public money on two campaigns to influence voters and defend controversial Assembly decisions, while the city government also bears responsibility for conducting a fair and impartial election and reporting results, is inappropriate and improper.  This threatens the integrity of the electoral process and will give one side an unfair advantage, at public expense. Private citizen groups, however, are welcome to raise funds to campaign for and against any ballot issue.

It is condescending to believe Juneau voters aren’t smart enough to make their own voting decisions based on independent and publicly available information.

After retiring as the senior vice president in charge of business banking for Key Bank in Alaska, Win Gruening became a regular opinion page columnist for the Juneau Empire. He was born and raised in Juneau and graduated from the U.S. Air Force Academy in 1970. He is involved in various local and statewide organizations.

Reasons for ballot rejection: Signatures, postmarks

Wayne Heimer: Understanding Alaska’s U.S. senators

By WAYNE E. HEIMER

Both Sen. Lisa Murkowski and Sen. Dan Sullivan voted for the first infrastructure bill because it included “good things” for Alaska. 

Trying to understand where Murkowski is coming from is challenging. She seldom explains; Sullivan does better. If you think bringing home the bacon (pork by definition) is good for Alaska, their votes made sense. Among those good things was money for Alaska petroleum infrastructure maintenance and development.

Shortly after the bill was signed, Sen. Sullivan reported the White House changed the National Environmental Policy Act (NEPA) regulations so Alaska couldn’t qualify for any dollars to support petroleum infrastructure. The Biden Administration folks had, after all, promised from the outset to “end fossil fuel” to save the planet. They apparently remain committed.

Recently, Sen. Sullivan released a video saying he had worked hard to get that infrastructure bill across the finish line because it contained good things for Alaska. It was Sullivan’s distressed conclusion that the president’s unelected Climate Czar John Kerry, was responsible for this subsequent bait-and-switch at the White House. Sullivan admitted he had trusted the Biden Administration when it wasn’t playing straight with him.  

I give Sullivan high marks for honestly admitting he’d been outflanked by the Administration. I’ve not heard anything like that from Murkowski.

Reviewing Murkowski’s record shows we got a vote of “present” on a Supreme Court justice, followed by a preemptive bill to establish Roe v. Wade as national law.  

Then Murkowski offered legislation (albeit chasing federal money, aka pork, for an embryonic idea only insiders have even heard of) that would turn Alaska’s fanciful “Long Trail” management over to the federal Bureau of Land Management.  

And, we saw Murkowski vote to infringe upon the Second Amendment. 

These actions suggest to me is that Murkowski doesn’t trust Alaskans to make reasonable state laws about abortion or management of firearms acquisition or ownership. Apparently Murkowski would rather the federal government do it for us as “one size fits all.”  And she would turn over another piece of Alaska land to federal management.

Murkowski’s vote to advance “reasonable gun control” interests me most today. Murkowski has been a nominal supporter of the Second Amendment when it suited her since she got to Washington. What changed? 

Was she influenced by actor Matthew McConaughey’s hyper-emotional plea for rationality?  I don’t know McConaughey or his emotional ties to Uvaldi, Texas. What I do know is that when we’re emotionally vulnerable, remaining rational becomes increasingly important (and increasingly difficult). Given McConaughey’s success as an actor, I infer he’s been in Hollywood for a long time while trading on his Texas image. His emotional involvement with the Uvaldi tragedy seemed strikingly similar to the tactics of those who advocate never letting a “crisis go to waste.”   

Interestingly, McConaughey’s emotion-driven plea for “rational” firearms management paradoxically puts him in a pickle, similar to the one that Sen. Sullivan put himself in. An acknowledged conservative, Sullivan has introduced legislation to keep Wall Street’s “woke” money managers from curtailing investment in Alaskan petroleum projects. This seems an odd intrusion into free market capitalism. 

While Sullivan is obviously conservative, some rate him as the second-most liberal Republican (after Murkowski) in the Senate. I suspect this is because Sullivan often cooperates with Democrats on lots of  their stuff (in traditional, bipartisan senatorial style) when he thinks that legislation is either neutral for us or good for Alaska.  That’s OK.

Still, Sullivan’s confirmation votes for President Joe Biden appointees who are ending access to fossil fuels are hard to ignore. It looks like Sullivan believed lies by appointees for secretaries of Energy and Interior. But nobody’s perfect. 

Actor McConaughey does what we wouldn’t expect a typical Texan to do, and Sen. Sullivan is proposing what a typical conservative wouldn’t propose — sanctioning private business decisions. It’s a topsy-turvey world!

Meanwhile, Murkowski shows evidence of wanting to preemptively lead Alaskans rather than represent us. Other candidates for Alaska’s House seat have used similar language stressing their leadership. Exceptions include candidates Senate candidate Kelly Tshibaka and Congressional candidate Nick Begich (and possibly Sarah Palin.) These folks talk of representing Alaska rather than not trusting us to find our own way.  

I’m not so sure about Begich and Palin, but Tshibaka’s record shows she has seen and exposed enough actual corruption in D.C. politics that I think she’s less likely to be fooled by platitudes offered by Administration appointees, and less likely than Murkowski to sell Alaska for cheap federal dollars.

Wayne E. Heimer is a long-term Fairbanks resident who is at least as flummoxed as Dan Sullivan by Washington’s inconsistencies, intrigues, and election year politics.  

Biden has Covid

President Biden, the oldest president in American history, has come down with the Covid virus. He has mild symptoms, according to White House press secretary Karine Jean-Pierre.

“This morning, President Biden tested positive for COVID-19. He is fully vaccinated and twice boosted and experiencing very mild symptoms. He has begun taking Paxlovid. Consistent with CDC guidelines, he will isolate at the White House and will continue to carry out all of his duties fully during that time,” she said.

This is the first time Biden has tested positive for Covid-19, Jean-Pierre said. Biden is fully vaccinated and has had two booster shots His most recent booster was March 30.

Initial attempt to locate and raise sunken Seattle yacht in Glacier Bay ends after vessel not found

Glacier Bay National Park and Preserve temporary closed Muir Inlet earlier this month to vessel traffic to allow a salvage operation to raise a sunken pleasure craft. But the agency reopened the area on July 11, after an initial search did not locate the 66-foot M/V Cats N Dawgs, which sank July 1.

Salvage vessels used sonar and remote cameras to search the area surrounding where the vessel sank. With salvage operations currently suspended, related area closures have been lifted. Mariners may still call KWM20 Bartlett Cove on marine channel 12 for updates from the National Park Service. It’s unclear if the vessel is a marine hazard since it hasn’t been located.

The National Park Service will continue to monitor conditions in the area of the incident for signs of fuel or oil leaking from the sunken vessel as further actions are explored. The Coast Guard continues their investigation of the incident with assistance from the National Park Service. As of last Park Service report, no visible sheen from fuel or oil remains in the area.

The yacht had left Seattle for a cruise through the inside passage when it took on water and capsized; all four on board were rescued by a Good Samaritan crew and the Coast Guard.

Grow your small business, improve social media skills with new Facebook, Instagram tools

Facebook and Instagram have become far more than social media platforms for Alaskans. They’re places to sell household items, plan events and foster community. And Alaska’s small businesses are increasingly using social media to grow and develop.

Facebook and Instagram proved particularly useful during the early days of the pandemic, as Alaskans hunkered down and many activities went virtual.  

Still, not everyone has the tools they need to take advantage of these new technologies. In the Alaska Small Business Development Corporation’s annual small business survey, published in February 2022, 14% of respondents said mentorship and technical help would make it easier to raise money for their small business.  

As these platforms have grown in popularity throughout the world, Meta continues to adapt them to meet user needs. It can be hard to keep up with these ever-changing updates but doing so can help individuals and businesses grow online and off. To help, here are some tips on new Meta features impacting businesses and individuals alike. 

Four tools helping small businesses grow 

Alaska consumers increasingly use Instagram to connect with and buy from local businesses, and the platform has created new ways for businesses to promote their brands and grow. These tools include new interactive Maps, enhanced Reels capabilities, Subscription features, and easier payment options. 

  • Instagram Maps make it easier to gain new customers. Small businesses just have to add their location to the Instagram Connected Business Page and they will start appearing on a dynamic map based on the user search results. 
  • Reels provide a fun new way to connect with customers while promoting and selling products and services. And, they’re easy to create because every video uploaded to Instagram is automatically converted into a Reel. If videos are under 90 seconds, you can use the full menu of editing tools – music, effects and more. 
  • Subscription capabilities allow small business owners to make the most out of the content they create. Becoming a creator can give businesses a boost while creating a new business. Instagram is adding important functions to its Subscription capabilities, allowing businesses to have specific content only for subscribers. 
  • Meta Pay allows small businesses to sell their products and services. Consumers can now use Instagram Chat to not only connect with businesses, but to buy directly from them using Meta Pay. By making the process of purchasing even easier, small businesses can increase sales. 

Two new ways to customize your Facebook experience 

Customizing your Facebook experience not only allows users to see more content tailored to them – it helps businesses and creators reach their target audiences. 

  • The Feeds tab provides an alternative to Feed, making it easier to find content and customize your experience. This tool allows you to view posts from friends, Groups and Pages you follow in reverse chronological order. You can find the Feeds tab in the shortcut bar on your Facebook app. The key here is control. 
  • The Home tab is becoming the place to discover content on Facebook. It uses AI to recommend content tailored to each user. This will make it easier to discover content relevant to you and, if you’re a creator, to find your audiences. 

Create a safe experience for teens online 

As social media has grown in usage among Alaskans, that includes younger populations too. Meta is introducing new tools for parental supervision and mitigating concerning behavior while increasing resources on the Family Center Education Hub. 

  • Nudges are notifications that encourage users to switch to a new topic if they’re being on one for a long period of time.
  • A new age verification test on Instagram makes it more challenging for users to use a false age on their account. Now, when some users switch their birthday from below 18 to above 18, they’ll be asked to choose from three options to verify their age: 
    • Asking three friends over 18 to vouch for their ages. 
    • Uploading a video selfie that is read by a face-based age prediction vendor and then deleted. 
    • Uploading a driver’s license or other photo ID. 
  • Parents can also set time limits for their teen’s use of Instagram, and find more resources on the Family Center’s Education Hub