Party Time!

I would love to see you on Friday afternoon/evening for a brief, but electric, "Get Out the Vote" party at the Chilkat Center Lobby, Sept. 30, 5-7 PM, hosted by my mayoral campaign. You will have ample opportunity to ask questions and I will have more than 1 minute to respond! Please try to come. And please, help me get out the word! But even more important - help me drum up enthusiasm for getting out the vote!

Historically, voter turn out averages 25-30% of the registered voters. Wouldn't it be great if Haines could boast a higher than average turn out for the Oct. 4 election? One single vote - your vote - does make a difference!

Making Policy or Micromanaging?

If the Borough Assembly would adopt a policy of energy conservation and efficiency, citizens could be confident that Borough management would be "on" all the opportunities for help in this direction; but they haven't and we aren't.

That's why I reminded the Assembly last night about Alaska Housing Finance's Alaska Energy Efficiency Revolving Loan Fund Program (labeled "AEERLF," which I can't imagine how to pronounce!). This program has been on the books since 2010. The loan is paid back with the savings reaped through the implementation of the energy efficiency and conservation strategies determined by an Investment Grade Energy Audit. I know that this opportunity came to the attention of the Borough last winter (February 2011), but somehow the ball got dropped. If a policy of energy conservation and efficiency were in place, the ball would be in play.

Right now, the only energy conservation and efficiency project in play is a result of a $50,000.00 allocation literally dumped on the Borough by the Federal government. It is being used to do weatherization work and lighting upgrades at the Public Safety Building. And, by the way, to install a new oil-fired boiler.

That brings me to my second policy position. If the Borough Assembly adopted a policy of using biomass (wood) for heat wherever feasible, management might have explored an alternative to oil for the Public Safety Building. Again, management might choose (or not) to take advantage, right now, of the Request for Statements of Interest for Wood-Fired Heating Projects from the Alaska Wood Energy Development Task Group (under another unpronounceable acronym, "AWEDTG") due November 11.

I sent emails to the Borough Manager and to the School Superintendent about these opportunities last week, but absent policies on either energy conservation/efficiency and utilization of renewable sources of energy for heat, I decided to convey these opportunities to the Assembly at the meeting last night.

I believe that burdening the Assembly with these details is called "micromanaging." Just before I attended the meeting last night, I spoke at length with a resident who perceives that the Assembly "micromanages" the Borough as opposed to establishing policies. I begged for an example of how the Assembly "micromanages." At the time, a good example didn't come to mind, but as I stood last night, I realized that I was, by my presentation of energy conservation/efficiency and wood heat opportunities, encouraging the Borough to "micromanage."

One of the first tasks given to the Energy and Sustainability Commission was to prepare a Borough Conservation Plan. We did. We delivered it in 2008. In the very last paragraph we warned that all these strategies would come to naught in the absence of the Assembly's adoption of energy conservation/efficiency and renewable energy policy. We have seen the dissolution of the dynamic ESC; we have seen opportunity after opportunity slide by; we have seen a 30% increase in our public sector budget (FY12) for energy costs - all for the want of a clear policy statement which sets the course for Borough management. What a shame.

Now, as I have done for the last 3 years, I pledge to craft a policy statement of reduction of the cost of energy for borough facilities and the utilization of renewable energy sources if I am elected Borough Mayor next week. Suddenly the childhood rhyme my mother had us chant over and over again seems like a great campaign slogan:

I meant what I said, and I said what I meant.
An elephant's faithful, one hundred percent.
Dr. Seuss, Horton Hatches the Egg
US author & illustrator (1904 - 1991)

I wish I had thought of it before now!

Please vote October 4.

On The Other Hand....

A reader suggested that the recall should go forward because the Assembly was to appoint AND THEN hold a special election. An appointment could have been made for a 45-60 day period - enough time to set up a special election. (Bear in mind that an appointment for any reason whatsoever is only good until the next regular election, so the maximum time any appointee can serve is a year.)

What's the lesson in this debacle? I think the lesson is that an Assembly must uncover what they are able to do according to law before any action is taken. In this case, the Assembly seemed to get hung up on the "who" instead of the "what."

Hind sight is always more accurate than foresight. Far be it for me to say what I would have done. But I think the community is seriously signaling to its elected officials: stick to the law. If you are not sure what the law is ask and ask again. The recall, regardless of its "success" or "failure" is a clear warning that the public is going to hold its representatives accountable. That, I think, is a good thing.

If I'm Reading this Right, I Can't Support the Recall

Yesterday I took a third look at the judge's May 12 order in Hess v. Haines Borough and Goodman.

On page 14, after the judge declares

(2) "The position of Assembly member for Seat "E" on the Haines Borough Assembly...to be vacant. "

The judge then orders:

(3) "The Assembly to call another election for that office pursuant to HBC 2.68.545."

I don't know about you, but I have been fixedly focused on the concept of a vacancy on the Assembly and what the code and charter say about remedying that. I agree with the recall proponents that both the Charter and the Code call for a vacancy to be filled by appointment within 30 days (Charter Section 2.04; HBC 2.10.250).

And I do not buy the argument that one had to appoint a person more "like" Goodman. Who knows what Goodman would have been "like" over a 3-year term? I myself was often "unlike" what some people expected when I sat on the Assembly. Assembly members, no matter what agenda they may have promoted during a campaign, tend to modify their views when called upon, as they are, to represent the entire valley.

BUT ... the judge ordered an election based not on HBC 2.10.250, but "pursuant to HBC 2.68.545", which says:

"If, following an investigation, the assembly concludes ...(b) the person canvassed as elected is not qualified as required by law...the assembly shall ...order another election."

This turns the recall on its head! In effect, everyone did the right thing (though possibly for the wrong reason) by moving for an election, except Assembly member Vick! What a mess.

Did the judge err in citing HBC 2.68.545? If so, don't you think the Borough Attorney would have immediately filed for reconsideration so as to correct the error and refocus the judge on the Borough's vacancy stipulations? As a matter of fact, the judge scrutinized HBC 2.68.545 so carefully that an error in the original citation of this code provision made in the decision issued May 11 was corrected by issuing the "Corrected Decision on Appeal" the next day, May 12.

If we assume the judge's order is valid, then it looks like the motion to hold an election to fill Seat E was exactly what the judge ordered.

I'm no attorney, but by the third time I read the judge's order, I came to the conclusion that the motion to hold an election was proper. It all depends on whether you invoke HBC 2.68.545, as did the judge, or whether you believe that HBC 2.10.250 rules the day. I'm going with the judge.

Next question: if the judge's order is valid, why then did the Borough Attorney declare the recall petitions lawful? That's a whole other problem and I for one hope that we can set it aside by voting "no" on the recall. If I am reading the Judge's May 12, 2011, Corrected Decision on Appeal correctly, that's what I am going to do: vote "no" on recall.

The Candidates Are Coming...

...to Mosquito Lake School, Saturday, October 1, 11 AM - 12:30 PM.

Picking up on the theme of increasing communication and accessibility, Candidate Karen Hess spent Saturday morning on the phones, contacting all the candidates and arranging for access to Mosquito Lake School. The session will be informal, guided by questions from residents. An impartial moderator has yet to be identified, but no doubt we will be able to recruit some brave soul or souls.

The collaboration by ALL the candidates is just another example of what a great community we live in. We are people with differences of opinions but with synchronized hearts. In this case, our hearts are beating to the drum of open dialogue and accessible government - beginning at the very start - access to candidates, and revelation of the differences and similarities among candidates in a public venue.

Please join us at Mosquito Lake School, next Saturday, October 1, at 11:00 AM.

Advisory Committees

By accident I attended the inaugural meeting of the Parks & Rec Advisory Committee Tuesday evening. It was preceded by the Government Affairs/Services Committee meeting devoted to the topic of economic development, which I attended deliberately. As we concluded, seven very enthusiastic individuals slipped into their newly appointed places. Members ranged in age from a high school senior to a senior citizen. They all held a common belief: recreation is good for everyone. Advisory committees are unabashedly "special interest."

When Assembly member Daymond reminded the group that they were strictly "advisory," and that requests for Assembly support may or may not prevail, one member wryly speculated, "Oh but if we have the community behind us, they will listen... ."

I was struck by the recognition that these advisory committees are exactly the right vehicles for "getting the community behind" an idea, a project, a perspective. I am less sure whether or not the committee needs to be aligned with the government. The advantage of a government based committee is that the committee's deliberations are then open to the entire community. If the committee is an ad hoc citizen's group or even a non-profit, supporters and critics alike might be less likely to participate. Lack of participation can lead to lack of insight and the failure to form a broad based concept.

So, my "special interest" is economic development. Originally I was skeptical of the idea of an "Economic Development Advisory Committee." But the enthusiasm of the Parks & Rec group perked me up. Why not convene a group of people dedicated to economic development and ask them to explore options in a public setting? I can't think of anything more exciting than discussing economic development with people who are as savvy about the benefits and needed infrastructure for economic development as the Parks & Rec people are about recreation.

Moving Forward

We live here. We all know each other. In many circumstances, we all pitch in to help each other. From athletic events to medical emergencies to clean-ups. During those times we work shoulder to shoulder, getting to know each other even better.

I would like the remainder of this political season to be more like a community-wide effort to do our best to help each other. I look forward to the upcoming Chamber Forums (noon, September 23, Haines Borough Library) and the KHNS/CVN Forum (6 PM, September 26, Chilkat Center) as opportunities to forge connections and to develop mutual insights that will last long after the election.

What is it that we have to help each other do? We have to elect representatives who will enable us to move together, as a community to solve some tough problems: high cost of energy; threatened fish runs; infrastructure degradation; revenue short falls; rising transportation costs; revitalization of diversity in our economy.

Haines has long had the reputation as being a fiesty place. We express strongly held and often differing opinions. That’s “us.” And that’s OK. In fact, I see our ability to articulate our opinions as a positive. We do talk to each other. Let’s tweak that trait just a little bit and learn to prize those differences for the golden nuggets they are.

Each difference is an idea. No one of us is so smart that she or he is in possession of all the good ideas. We overlook ideas contrary to our own at our own peril. We can learn to listen to ideas with “a willingness to change.” Listening with a willingness to change smooths the rough edges of debate.

But as in all debates, the time will come for a decision. Decisions are not easily made or taken. The elected decision makers are the Mayor and the Assembly. The Mayor and the Assembly may have to be tough. They will have to be tough because they will have to make decisions that are best for the future of the entire community. These decisions may not necessarily be the most popular decisions. But that is what the Mayor and the Assembly have been elected to do.

The Mayor and the Assembly are, in fact, in a representative democracy, the “deciders.” But decisions will be defensible if they are arrived at through listening carefully to each golden nugget brought and sought.

My vision for Haines is that someday we will still be regarded as “fiesty,” but in a good way. We will be regarded as a place where issues are thoroughly debated, options carefully considered, and the best possible way forward selected by a thoroughly informed Assembly backed by an electorate that participated every step of the way.

Why Would You Want to Be Mayor Anyway?

That question comes up in the "most frequently asked" category in the conversations I have been having around the community. Without a doubt, being a mayor is a hard job. The Mayor's Handbook, downloadable from the Alaska Department of Commerce, Community, and Economic Development, describes the position in detail.

I sat down with this document this week and it reminded me of my number one objective for becoming a mayoral candidate: to launch a conversation amongst ourselves of what we want our mayor to be, to do.

I believe that part of the mayor's job is to be a mediator and a diplomat. As mediator the mayor must see all sides of the issue and be able to explain the "big picture" to the Assembly and to the community. The best way I know of to see "all sides," is to thoroughly study and understand the issues. The mayor, as leader of the debate at the Assembly level, may have to put in extra time and effort to prepare for each Assembly meeting.

Being a diplomat means to skillfully handle issues without arousing hostility. The mayor needs to have the ability to get along with people and relate to them positively and constructively on their issues and concerns. It does not mean agreeing with everyone. In fact, the mayor needs to be tough. But toughness does not mean unwilling to listen or to respond to new ideas and information. Toughness means sticking to a position when it is correct, even if it is unpopular.

Sounds tough to be "mediator, diplomat" and "tough" at the same time. But that's part of the answer to why I want to do the job. I value hard work and the satisfaction that comes from trying to do my best. But even more I am dedicated to the idea of improving the community and instilling pride in everyone.

The Rules We Live By

Our rules are laid out in the Haines Borough Code (HBC) and Charter. These documents are the ultimate authority for local decision making because we are a home rule borough. Home rule means just what it says, we make our own rules within the constraints of state (AS 29.10.200) and federal laws - especially the United States Constitution.

The HBC section that strikes me as particularly important for us all to keep uppermost in mind is Section 2.10.060 Assembly Rules -Speaking, Rules of Conduct. I think these are so important that I am going to publish a section every week in the newspaper for the next three weeks. The section I published this week is Section 2.10.060 (B):

B. Every member while speaking shall speak only to the subject under debate, shall refrain from personalities, and shall not refer to any other member of the assembly except in a respectful manner.

I, as the presiding officer, must make sure this rule is actively in place. That is my job. Any member of the Assembly can call me to task if I fail to perform. The public can do the same.

The problem arises when we, either as elected representatives or just as important, as citizens, do not know or recall the rules. There are many ways to keep these rules alive. Specific code sections could be rotated through as footers on the agenda; the mayor could read one of the rules under the Mayor's Comments at each meeting - similar to the way the School Board often reads one of its policies from the policy manual at the opening of its meetings; flyers with these important sections could be distributed; the rules could be posted on the Chamber walls - I am sure there are many reminders we could adopt.

I am completely open to an examination of our Charter and Code. But some rules are keepers. We can live by the rules we keep, and work to change rules we find of questionable value. I highly value Section 2.10.060 of the Haines Borough Code.

Protecting the Economy that We Do Have

Over the past two weeks, the Lynn Canal Gillnetters Association has been meeting among themselves and with Representative Bill Thomas to work on a strategy to effectively raise the question of possible mis-management of the Lynn Canal sockeye fishery. The Gillnetters estimate at least 50 boats are homeported in Haines, feeding at least $6 million into the Haines Borough economy. They worry that current management decisions, which allow seiners to scoop up hundreds of thousands of pounds of incoming wild stocks, will lead to the demise of our local run and the collapse of our fishing industry. They will present information to the Borough Assembly and ask for a resolution of support. That would be good, proper, necessary, but when the time comes I also like the idea of showing up in person to speak directly with the decision makers on behalf of Haines fishermen. That would be a valid expense of our 1% sales tax for tourism and economic development!

Although I have long been associated with the fishing fleet, mostly through my children, I am a novice with respect to the regulations and needs of this complex but vital industry. When was a commercial fisherman last seated on the Assembly? Too long ago. If we are serious about a diverse economy in Haines, we will need to be more attentive to our fishing fleet in terms of required physical infrastructure and political advocacy.

Curbing the Effects of Alcohol Abuse

I went to the Haines Town Hall meeting to discuss alcohol abuse or misuse in Haines last Tuesday. Police Chief Lowe helped us outline the scope of the problem and brainstorm some solutions. A task force is to be formed and a plan to implement some of the solutions will be presented to town leaders.

A couple of voices are still ringing in my ears. I was particularly moved by parents crying out for enforcement of the DUI laws. "I warn my children, " they said. They wanted law enforcement to catch and convict when wrongs are committed, not issue additional warnings.

If convicted of a DUI in Alaska, the consequences are definitely severe. The first offense includes mandatory jail time (72 hours minimum), a $1500 fine, and a 90-day suspension of your driver's license. On top of that, there is the license reinstatement fee, court fees, and administrative fees. If you really get the book thrown at you, you might be required to install an ignition lock device for 12 months for about $1700, and or to purchase SR22 insurance for $2000 a year for 5 years. Maybe you'll hire your own attorney. The State of Alaska, Division of Motor Vehicles, estimates the average cost for a first DUI at about $22,000.00.

Apparently, the operative word is "if." There is the perception that DUI's, especially for underage drinkers, are not prosecuted in Haines.

I would encourage the new task force to examine this perception. Do drivers in Haines feel immune to interception by authority and so push the envelop of safety when driving after drinking? If so, what is needed to heighten driver awareness of the risk they run if driving after consuming alcohol? Are local authorities stymied by district attorneys who are reluctant to prosecute cases from remote locations? If so, what can we do counter that resistance?

Most of us have stories of taking risks, especially when we were youths. One person later framed the question of alcohol abuse among people this way, "I was lucky. What can we do to increase the luck of our young people?" One thing we might be able to do is to increase the probability that people, no matter what the age, will be intercepted and prosecuted if driving under the influence of alcohol.