By WIN GRUENING
The right of the citizenry to directly petition their government is often seen primarily as a way for d groups to air their grievances, potentially shift public opinion, and eventually enact ballot initiatives or referenda to achieve their goals.
We have seen this play out in Juneau recently with the third attempt to limit cruise traffic in the borough. The petition, filed by individuals involved in two previous unsuccessful efforts, would cap total annual cruise passengers at 1.5 million, and require ships with capacity for 250 or more passengers to only visit Juneau between May and September.
The cruise industry, contrary to claims by its detractors, has largely policed itself. It has negotiated limits on ships, passengers, and use of public facilities. Most residents realize the economic value cruise visitors bring to our community and the financial support it provides to many critical city services.
Whether such an initiative, if passed, would survive legal scrutiny and expected court challenges remains to be seen. Despite the persistence of its sponsorship minority, it is doubtful this tactic will succeed.
On the other hand, even the majority finds the right to petition useful when government seems oblivious to citizens’ concerns.
Despite the economic benefit provided by tourism, community affordability has continued to erode as the City and Borough of Juneau (CBJ) Assembly has funded large projects and programs that have no economic justification, and in some cases, have been rejected by voters. As a result, necessary public services have become more costly, and, as property assessments increase with no corresponding decrease in millage rates, taxes continue to rise, making housing and the cost of living more expensive.
For that reason, a group of concerned citizens, calling themselves the Affordable Juneau Coalition, has filed a set of three initiatives designed to rein in Assembly spending and make Juneau more affordable. The three initiatives filed last week were:
- An initiative setting a property tax rate cap of nine mills (the current limit is 12, not including debt service). The existing basic mill rate is 8.96 plus 1.08 mills for debt service equaling a total of 10.04. Therefore, this initiative would cap the total rate at 10.08 today.
- An initiative exempting “essential food” and residential utilities from local sales taxes, which currently total 5%. This has been suggested by various Assembly members over the years but has never been enacted due to city leaders’ unwillingness to seek offsetting revenues or trim expenses.
- A charter amendment reversing an existing ordinance “requiring that mail-in voting take priority over in-person voting.” Instead, if approved, the amendment would require all local elections to be poll-based.
These three petitions deserve thoughtful consideration. Unlike the anti-cruise petitions, these have been researched and carefully worded to avoid potential legal issues. Sponsors submitted drafts to the city attorney to ensure compliance with the city charter and existing statute before submittal.
However, one of them stands out among the three.
When the Juneau Assembly ditched a tried-and-true voting system without the barest semblance of community input or approval, they mandated an arrangement that robbed CBJ voters of the opportunity to come together in their neighborhood precincts to participate collectively in democracy.
The CBJ Assembly insists that vote-by-mail makes voting more convenient, guarantees that every vote is counted, and increases voter turnout.
Regrettably, that hasn’t been borne out by the facts. Vote-by-mail has not increased Juneau’s voter turnout, isn’t more convenient, is wasteful, more expensive, has a higher invalidation rate, and is susceptible to voter fraud.
This has been obvious since inception, but the CBJ Assembly has ignored the facts and declined to offer voters a choice or conduct a formal study to determine the efficacy of vote-by-mail. Like the other two initiatives, this initiative would simplify government policy, make it fairer, and help reduce government waste and unnecessary spending, thereby making Juneau more affordable.
Equally as important, vote-by-mail fails even the most basic test of promoting civic engagement as it trivializes and complicates the voting process and makes it less transparent.
Our statewide elections have suffered a similar fate because of the deleterious effects of Ranked Choice Voting (RCV). A proliferation of spoiled and uncounted ballots and endless delays in an opaque vote counting method have led to voter confusion and distrust. Election day has turned into “election months” and have discouraged voter participation.
Just like Juneau’s vote-by-mail scheme, RCV has not delivered on its sponsors’ promises. Negative campaigning, polarization, and “dark money” have continued to plague our statewide elections.
After falling short by a few hundred votes in a campaign to repeal RCV in 2024, Alaskan voters have once again renewed the effort to place it on the ballot in 2026. Signature gathering has begun and will continue until the requisite 35,000 signatures are reached.
The right to petition is a fundamental aspect of the First Amendment and a cornerstone of American democracy, empowering citizens to seek change and hold their government accountable.
Sometimes, as ordinary citizens, we don’t realize how important this right is.
If voters believe they deserve to vote on these matters, they should sign these petitions and then make an informed choice on election day.
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.
Someone should get an iniative together for Anchorage voters to get rid of mail-in ballots for all local elections.
“A charter amendment reversing an existing ordinance “requiring that mail-in voting take priority over in-person voting.” Instead, if approved, the amendment would require all local elections to be poll-based.”
Public initiatives are a terrible idea. They never receive proper vetting. They embrace radical ideas and then get voted into law by similarly narrow focused people. The better alternative is greater voter participation in all elections.
Smith Donald: This gross generalization about direct democracy via initiatives is wrong for various and obvious reasons.
It is true, of course, that some proposed initiatives are narrowly focused and drawn up by narrow minded individuals. Some are, some are not.
Ask yourself this Smitty: Are all the bills drafted and enacted by our Legislature or local government assemblies broadly oriented in the interest of the public and properly vetted?
Try and make comments based on reality not just your unfiltered emotions.
Funny, out of you.
To: Governor Dunleavy
Subject: Petition for Redress of Grievances
Dear State Of Alaska,
We, the undersigned, pursuant to our constitutional right guaranteed under the First Amendment of the United States Constitution, hereby submit this Petition for Redress of Grievances. This petition is directed to address systemic failures and violations of constitutional and statutory obligations within the State of Alaska, with specific regard to judicial conduct, governmental transparency, and public accountability.
Background
1. Judicial Misconduct and Lack of Accountability: The Alaska Commission on Judicial Conduct (ACJC), under the directorship of Marla Greenstein, has demonstrated a pattern of summarily dismissing valid complaints without due process. Complaints brought forth by Edward D. Martin Jr. and Scott Egger, among others, concerning ethical violations and conflicts of interest have been dismissed without proper investigation.
2. Violation of Bonding Statutes: Public officials in Alaska, including members of the judiciary and executive branch, have failed to comply with bonding requirements mandated under AS 39.05.050 and AS 39.15.010 – 100. This dereliction of duty compromises the public’s trust and undermines financial accountability.
3. Suppression of Public Participation: Recent actions by the ACJC, including the unlawful denial of public commentary during official meetings, constitute a direct violation of the First Amendment. Public participation is essential to maintaining transparency and accountability.
Legal Basis
The constitutional and statutory violations outlined herein are contrary to the principles of due process and equal protection under the Fourteenth Amendment. Additionally, the First Amendment guarantees citizens the right to petition the government for redress of grievances, which has been undermined through procedural dismissals and lack of transparency.
Relief Sought
We respectfully request the following:
1. A comprehensive federal investigation into the conduct of the ACJC and its leadership.
2. Enforcement of Alaska’s bonding statutes, with appropriate measures taken against non-compliant officials.
3. Assurance of public participation rights in all future ACJC proceedings.
4. Establishment of independent oversight mechanisms to ensure judicial accountability.
Conclusion
The right to seek redress is a fundamental aspect of our democratic system. We urge your office to act swiftly in addressing these issues to restore faith in the integrity of Alaska’s judicial and governmental institutions. Please acknowledge receipt of this petition and advise on the actions to be taken.
Sincerely, We The People
‘https://www.ajc.state.ak.us/
The Alaska Judicial Council will meet via Zoom Wednesday, April 23rd at 4:30 PM to discuss administrative matters. Alaskans mark you calendars to hear what administrative matters will be discussed.
Alaska Constitution Article IV Section 16 Court Administration. The chief justice of the supreme court shall be the administrative head of all courts…The chief justice shall, with the approval of the supreme court, appoint an administrative director to serve at the pleasure of the supreme court and to supervise the administrative operations of the judicial system. [Amended 1970]
Chief Justice and Supreme Justices sign off on a letter to Fellow Alaskans. ‘https://courts.alaska.gov/media/docs/sc-2020-stmt.pdf “…Our country and our state are built upon the principle that all of us are created equal…And our courts are tasked with putting that principle into action by allowing people to seek redress for their grievances with the assurance that they will be heard and treated fairly. When so many members of our community are not heard or are not treated fairly, we must make changes…”
42 U.S.C. Section 1983 ‘https://www.law.cornell.edu/uscode/text/42/1983
Alaska needs judicial reform.
Until the people fight back by putting the usual suspects out of office, this is pointless.
Once again the masked dude rides off into oblivion muttering nonsense.
Once again, Joe is clueless.
Or cowardly. I can’t tell which.
It’s interesting how the fastest way to outage alleged conservatives (or whatever Joe is) is to point out all this is solvable at the ballot box.
you are correct
Unfortunately, anyone with any actual integrity, common sense, an actual understanding of economics, and who is also grounded in reality, knows better than to run for an assembly office in Juneau. So, we’re left with replacing the “usual suspects” with more of the same. And so, you are right; pointless.
Win: Good comprehensive column.
Thank you.
My favorite part of our current voting system is how we decide who to elect by which opposition we hate more.
We are given a list of issues that aren’t issues that actually affect us, but for some reason the sheep keep bleating along about social justice or something.
The media keeps pushing lies upon lies to the dumbed down masses that keeps them in a state of perpetual panic and our presidential debates have become a reality TV entertainment event. Give me a break.