The Anchorage Municipal Clerk now says she has 30 days — not 10 — to tell the sponsors of a recall application against an Assembly member whether their application is sufficient to proceed to the signature-gathering stage.
That puts the recall of Assembly member Meg Zalatel into Sept. 2 for a decision about whether it can move to the next stage.
The application was filed with the Clerk’s office on Aug. 3 and the citizen petitioners at that time believed the Muni’s website, when it said the Clerk had 10 days to issue a decision.
[Read: Group collects signatures to recall Meg Zalatel from Assembly]
That web link that says “10 days” has since been broken and replaced with another link that says she has 30 days.
The Muni website also shows no such petition in review or circulation.
Barbara Jones, the Municipal City Clerk, has since turned the recall application over to Municipal Attorney Kate Vogel for her legal opinion.
Vogel is the same attorney for the city on record saying she believed a protest outside of the Loussac Library earlier this month was in violation of the mayor’s Emergency Order 15, which prohibits groups of 25 or more gathering together outside in Anchorage.
A second recall petition by citizens is waiting in the wings for Assembly Chair Felix Rivera. That one cannot proceed until six months after the April election, according to law. But with an additional 30 days now added onto the process by the Muni, it’s more like seven months before the recall can truly begin.
Another petition for voter action has also been filed with the Muni, and that is to repeal the authorization of the use of CARES Act funds for Mayor Berkowitz’ Homeless Hotel plan.
According to the new standards posted, that Aug. 13 petition to take the question to voters on the April 6 ballot may not be answered by the Clerk until mid-September.
The group advancing that repeal initiative is preparing to legally appeal what it expects will be a refusal from Municipal Attorney Vogel.
Once an application for a petition is authorized, the groups seeking the recalls and repeal will each have to get 7,930 valid signatures from Anchorage voters, and then the matter goes to the voters.
The group seeing to recall Zalatel says she violated the law by allowing one member of the public to testify at a meeting that was closed to the rest of the public.
It should be stated in muni code, otherwise ask for their policy and procedures.
These delays are BS. We need every Marxist, America-hating Assembly member recalled !!!
I just read the code which I posted on Facebook. The language is very clear and it is ten days. The clerk will try to b.s. you because she works for the Assembly. Might need a lawyer.
Good grief! It just keeps on coming from this muni administration ??
One finds this in: library.municode.com/ak/anchorage/codes/code_of_ordinances?nodeId=PTICH_ARTIIIPO#PTICH_ARTIIIPO_S3.02INRE%23PTICH_ARTIIIPO_S3.02INRE
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ARTICLE III. – POWERS
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Section 3.01. – Powers of the municipality.
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The municipality may exercise all legislative powers not prohibited by law or by this Charter.
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Section 3.02. – Initiative and referendum.
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(a) The powers of initiative and referendum are reserved for exercise by the people of Anchorage in the manner provided by law. The powers of initiative and referendum do not apply to ordinances establishing budgets, fixing mill levies, authorizing the issuance of bonds, or appropriating funds. A petition for initiative or referendum shall be signed by a number of qualified voters equal to at least ten percent of the voters who cast ballots at the last regular mayoral election.
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(b) *** Within ten days from the filing of a petition for initiative or referendum, the municipal clerk shall certify on the petition whether or not it is sufficient.*** An initiative shall be submitted to the voters at the next regular election held at least 45 days after certification of the petition. A referendum shall be submitted to the voters at a regular or special election held not later than 75 days after certification of the petition. However, the assembly may submit a referendum to the voters at a later regular or special election if the assembly suspends the ordinance until the election.
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***emphases added
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One finds this in: touchngo.com/lglcntr/akstats/Statutes/Title29/Chapter26/Section290.htm
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AS 29.26.290. Sufficiency of Petition.
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(a) The copies of a recall petition shall be assembled and filed as a single instrument. A petition may not be filed within 180 days before the end of the term of office of the official sought to be recalled. *** Within 10 days after the date a petition is filed,*** the municipal clerk shall
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(1) certify on the petition whether it is sufficient; and
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(2) if the petition is insufficient, identify the insufficiency and notify the contact person by certified mail.
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(b) A petition that is insufficient may be supplemented with additional signatures obtained and filed before the 11th day after the date on which the petition is rejected if
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(1) the petition contains an adequate number of signatures, counting both valid and invalid signatures; and
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(2) the supplementary petition is filed more than 180 days before the end of the term of office of the official sought to be recalled.
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(c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under (b) of this section. Within 10 days after the supplementary filing the clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record.
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***emphases added
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Bottom line is 10 days.
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Otherwise, file a formal complaint with Alaska’s Attorney General, request the Municipal Clerk either comply with state law or be removed from office for knowingly, deliberately violating state law.
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The AG is Kevin G. Clarkson, 1031 West 4th Avenue, Suite 200, Anchorage, AK 99501,
tel: 907-269-5100, fax: 907-276-3697.
Damn right, the problems we are having with the muni may best be solved by taking the muni to court in US District court. That court is our only route to exact redress from the mayor, since all the activities being conducted under color of law are in violation of the US constitutional protections of the individual, making said activities in violation of 18US242 of the US Code.
Obviously our Dictator Mayor, his servants, and his subservient, asinine, assembly pay no attention to rules or their constituents………………
Lawyer time.
Muni is playing “Calvin ball” with the rules.
The Clerk is an appointee of the Assembly. Violating the municipal code is grounds for removal. However, with this Assembly violating the state Open Meetings Law and with the recalls being targeted against one of the clerks “bosses” who’s surprised it is being slow-rolled. This idiot Assembly has trampled on the public process and is now acting as a despotic politburo. Turning this around will take time, and these recalls are an important first step. We can make a difference next April by electing a mayor who listens to the public, follows the law, and stops this progressive slide into an autocratic nanny state.
Maybe the feds will step in and put Berkowitz in his place since we can’t seem to do it.
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