Alaska Department of Transportation and Public Facilities (DOT/PF) Commissioner Kemp transmitted a paper today titled Alaska Class Ferry: Project Overview and Change in Direction. Go to the Haines Borough website and click on Alaska Class Ferry Changes under "What's New" to download the document.
Read it and let's talk.
Friday, December 28, 2012
Wednesday, December 26, 2012
Dear Governor Parnell....
Please tell us more about your alternative to the Alaska Class Ferry:
Governor
Parnell, your decision, announced on December 4, to abandon the ongoing Alaska
Class Ferry project in favor of smaller shuttle ferries raises many questions. As Mayor of Haines, I have been
inundated with comments, questions, and requests for information from Haines
residents. As to the questions and
requests, I am as bereft of information as any of my constituents. I cannot overemphasize the importance
of this issue to my constituents.
The
Haines Borough Assembly will convene on Tuesday, January 8, 2013, and again on
January 22nd. Sometime during our January schedule, I
expect that the assembly will wish to express a more formal opinion on this
issue. For that reason, I
respectfully ask that you and your staff provide me with whatever of the
following information that it is possible to assemble and transmit by early
January, so that assembly members will be able to incorporate the information
into their thinking. I have tried
to formulate questions that I think are key to our perception of the course
change, but please do not hesitate to confine your response to my
questions. Please feel free to
tell us what you believe we need to know in order to think clearly and
carefully about your proposal.
First,
we are all very curious to know how the decision was made. Your press release states that the
decision was made “after it became apparent … that building a 350-foot ferry, on budget, in Alaska,
could not be accomplished.” Where
did these cost figures come from? Who
participated in this decision?
Would,
or should, the new plan be subject to legislative approval?
Why
did you not follow established procedures for decisions about Alaska’s
ferries? The Marine Transportation
Advisory Board was established in 2003 and adopted in statute in 2009. It is a part of your Department of
Transportation. The MTAB was taken
completely by surprise by this decision. As far as I can discover, the Ketchikan shipyard was taken by
surprise by this decision, as were Southeast Alaska legislators. It looks to me as though your Deputy Commissioner
for Marine Operations, Captain Michael Neussl was also surprised. Many Haines residents feel that
circumvention of the public process is one of the most important issues
implicated by your decision. How
can I reassure them that participation in the public process is not in vain?
If
there is no design established yet for the two shuttle ferries your new plan
contemplates, how can you make the statement:
By
setting a new course, Alaskans can build two smaller Alaska Class Ferries and
stay on budget, and at the same time provide the same or better level of
service Alaskans expect from our marine highways.
[Press release, Governor’s Office, December 4,
2012]
What
level of service do you believe is appropriate for Upper Lynn Canal? By that I mean, how many cancellations
or seasickness-inducing sailings are you planning for? The Southeast
Alaska Transportation Plan Shuttle Ferry Study, prepared in January of
2010, notes that
If the vessel is sized to the traffic demand, AMHS must ask
of their customers whether a reduced reliability of service is acceptable,
especially during the winter months.
If a vessel can make 99 out of 100 scheduled trips in the summer, but
only 80 out of 100 trips in the winter, does that reach an acceptable level of
service? How should the ferry
compare with other publically funded transportation such as the highways? These are policy questions, not design
questions.
[Study,
page 21]
That
study discusses wave conditions and wind speeds in various areas in
Southeast. While I am not familiar
with the exact terminology used, I question whether the Elliot Bay group
properly assessed conditions in Upper Lynn Canal. The wave heights throughout the study appear to be
underestimated. [1] The LeConte
was cancelled twice this week due to 11-foot seas. The past several weeks have seen sustained winds in the 55-knot
range, with higher gusts. While
the LeConte (235’) was cancelled Wednesday and Friday, the Taku (352’) sailed
Thursday, in essentially the same weather.
What
connection, if any, does this change bear to the proposed Juneau Access Road?
What
is the conceptual design for the shuttle ferries? Is it true that you are considering an at least partially
open car deck? [Did you see this
recent picture of the LeConte in Upper Lynn Canal?]
Your
DOT Commissioner (Acting) Pat Kemp told me that his department is “going
to assemble a paper that discusses the information and key points that led to
the decision.” [Email to me, Dec. 11, 2012] Can you tell me when this study will be available?
Finally,
may I meet with you or your representative soon, in person or via
teleconference, about our concerns?
Thank you.
[1] It is also possible that sea conditions
need to be reexamined in light of research that indicates that wind speeds and
wave height will increase with global warming. See http://www.researchgate.net/publication/50850792_Global_trends_in_wind_speed_and_wave_height
Saturday, September 8, 2012
Local Financial Disclosure v. AS 39.50
On October 2, you will have a chance to decide if you would like to establish local municipal candidate and official financial disclosure laws. If you vote "Yes" on Proposition 1, local laws will go into effect. If you vote "No," municipal candidates and local officials will continue, as they are now, to be required to comply with state financial disclosure laws under As 39.50.
The Mayor, Assembly, School Board, and Planning Commission are hosting 3 Question & Answer gatherings on September 12, 19, and 26, 6:30-7:30 PM at the Haines Borough Public Library. You will be able to take a look at the 12-page long 2011 Alaska Public Offices Commission (APOC) Financial Disclosure form to see what it requires. You will also be able to examine the local requirements that will go into effect should Proposition 1 pass.
I have prepared some talking points for the Q&As that I would like to share with you.
The Mayor, Assembly, School Board, and Planning Commission are hosting 3 Question & Answer gatherings on September 12, 19, and 26, 6:30-7:30 PM at the Haines Borough Public Library. You will be able to take a look at the 12-page long 2011 Alaska Public Offices Commission (APOC) Financial Disclosure form to see what it requires. You will also be able to examine the local requirements that will go into effect should Proposition 1 pass.
I have prepared some talking points for the Q&As that I would like to share with you.
The points discuss financial disclosure in general and our local law
relative to the state law in particular.
I left a brief discussion of the constitutionality of financial
disclosure laws to the last, but in some ways, it is the most interesting
element of the discussion. Don’t
forget to read all the way to the end!
Financial disclosure
requirements have been in place for the last 40 years.*[1]
The purpose of
financial disclosure is *
·
to provide information necessary for the
government to identify and resolve conflicts of interest among public
officials;
·
to enable citizens to better inform themselves
about their representatives and candidates;
·
to encourage officials and candidates to take
more care not to engage in activities that would present actual or perceived
conflicts of interest;
·
to maintain transparency and accountability in order to increase the public’s confidence in government.
Financial disclosure
requirements are criticized as overly intrusive because*
·
we have a citizen type of government and it can
be expected that conflicts, real and apparent, will naturally arise since
citizen’s should not be expected to give up personal financial
interests when
assuming office;
·
existing ethics laws are sufficient to deal with
conflicts that arise (be sure to review the attached Haines Borough ethics
statutes);
·
public disclosure can generate inappropriate and
gossipy scrutiny that detracts from officials ability to carry out their
obligations;
·
public scrutiny caused by disclosure deters the
most qualified persons from running for positions or accepting appointments;
·
personal financial dealings are irrelevant to
preventing conflicts of interest and thus the disclosure requirements amount to
unwarranted intrusions into personal privacy;
·
disclosure laws infringe upon the privacy rights
of individuals other than the public officials required to make the disclosure
Comparison of the
local Haines Borough Law to the state law.
The Assembly has adopted a local financial disclosure law to
address the more intrusive elements of the state law while protecting the
public’s interest in public official’s accountability and transparency. The local law relaxes some of the
state requirements while increasing the penalty for failure to comply with the
local law and extending the local law to include domestic partners in the list
of dependents for whom a filer must account.
The Assembly has increased the threshold for reporting
income and loans from $1000 to $5000 and has limited the requirement to report
interests in contracts and leases to those that are relevant to the Haines
Borough rather than to contracts and leases in general as required by the
State. The Assembly determined
that the state’s threshold of $1000 requires a public official or candidate to
disclose details of his/her finances that are more detailed than necessary, and
thus intrusive, for determining conflicts of interest.
Haines Borough Law
(HB 12-07-296)
|
State Law (AS
39.50.030)
|
Content of the Disclosure
|
|
Disclose separate sources of income over $5000, including
the names of clients if the client or customer provided more than $5000 in a
year to the business and if the naming the client is not against the law.
|
Disclose source and total amount of income over $1000.00,
including the names of clients if the client or customer provided more than
$1000 in a year to the business and if the naming the client is not against
the law.
|
Omitted in Borough law.
|
Describe how the income was earned, including the nature
of the service performed, and the approximate number of hours worked.
|
Disclose source of gift in excess of $250
|
Same.
|
Identity by name and address of each business in which the
filer had an interest, or was a stockholder, owner, officer, director,
partner, proprietor, or employee, except that interest of less than $5000 in
the stock of a publicly traded corporation need not be reported.
|
Same, except that the state requires the filer to report
interest in a publicly traded corporation if the interest is less than
$1000.00.
|
Identity and nature of each interest in real property in
the Haines Borough.
|
Identity and nature of each interest in real property
wherever it may be.
|
Identity of each trust or other fiduciary relation in
which the beneficial interest exceeds $5000.00
|
Identity of each trust or other fiduciary relation in
which the beneficial interest exceeds $1000.00
|
Haines Borough Law
(HB 12-07-296)
|
State Law (AS
39.50.030)
|
A list of all mineral, timber, oil or any other natural
resource lease or lease offer made in the Haines Borough…in which the filer
holds a controlling interest.
|
A list of all mineral, timber, oil or any other natural
resource lease or lease offer made wherever located …
|
A list of all contracts or offers to contract with the
State of Alaska or with the Haines Borough or School District…in which the
filer holds a controlling interest.
|
A list of all contracts or offers to contract with the or
an instrumentality of the state…in which the filer holds a controlling
interest.
|
Disclosure of any loan or loan guarantee made to the filer
in the amount of more than $5000 and the identity of the creditor to whom the
filer owed more than $5000.
|
Disclosure of loans…in the amount of $1000 or more and the
identify of the creditor to whom the filer owed more than $1000.00.
|
Filers are required to report the finances of domestic
partners in addition to spouses and dependent children.
|
The state does not require elected of appointed municipal
officers to report finances of
domestic partners.
|
Disclosure statements are open to the public and held in
the Clerk’s office, but shall not be sent to the Alaska Public Office
Commission and shall not be posted on the Haines Borough website.
|
Disclosure statements are available through the municipal
Clerk and APOC office in Anchorage and may be posted on the APOC website.
|
Penalty for Failing
to File a Disclosure statement
|
|
If a candidate fails to file a disclosure statement, the
candidate will be disqualified.
|
NA
|
If a filer files late, or if the statement is incomplete,
the penalty is $10 per day for each day delinquent.
|
Same penalty delivered by state APOC.
|
A municipal officer who refuses to file, cannot be
confirmed, hired or appointed and forfeits and may not be paid any salary,
per diem, or travel expenses until compliance and may be guilty of a
violation which upon conviction is punishable by a fine of not less than $100
nor more than $1000.
|
A filer who knowingly files a false or misleading
statement may be subject to penalties up to $10 per day and may be guilty of
a misdemeanor.
|
The Borough proposes
disclosure of the source of income over $5000.00 and does not require
disclosure of the total amount. The
state requires disclosure of the source and total amount of income over
$1000.
·
Other municipalities have adopted this same
standard when exempting themselves from the state regulations:
o City
of Ketchikan (2.05.020)
o City
of Kenai (1.85.020)
·
Many municipalities exempted themselves from the
state regulation and rely solely on conflict of interest statutes to identify
and resolve real and perceived conflicts of interests.
o Some
examples are Cordova, Craig, City of Fairbanks, City and Borough of Sitka,
Delta Junction.
Conflicts of interest
may arise while the official is in office. Financial disclosure statements describe financial interests
for the prior calendar year. The
public is protected from conflicts of interest on the part of its public
officials by local conflict of interest statutes. It is these statutes that protect the public’s interest as
situations arise during the course of the current year. Several key Haines Borough ethics statutes
are cited below.
2.06.020 Scope of code of ethics.
C. An assembly member or
member of any board or commission may not deliberate or vote on any matter in
which the member has a substantial personal or financial interest.
2.6.060 Improper influence in borough grants, contracts, leases, and
loans.
E. A public officer shall
report in writing to the borough attorney a personal or financial interest held
by the officer in a borough grant, contract, lease or loan that is awarded,
executed, or administered by the agency the officer serves.
2.06.080 Disclosures of conflicts by public officers other than employees.
A. A public officer other than an
employee, who is involved in a matter that may result in a violation of this
chapter, shall disclose the matter on the public record and ask to be excused
from the discussion and official action on that matter. The presiding officer shall
determine whether the officer’s involvement would violate this chapter. If the
presiding officer determines that a violation would exist if the officer
continues to participate, the officer shall refrain from voting, deliberating,
or participating in the matter. The presiding officer’s decision may be
overridden by a majority vote of the body.
2.06.100 Actions voidable.
D. The borough attorney, via the borough manager, may recover any fee, compensation, gift, or benefit received by a person as a result of a violation of this chapter by a current or former public officer. An action to recover under this subsection must be brought within two years after discovery of the violation, or five years after the violation occurred, whichever is sooner.
2.06.110 Criminal sanctions additional.
To the extent that violations under
this chapter are punishable in a criminal action, the criminal penalty is in
addition to the civil remedies set out in this chapter.
Constitutionality
Issues of Financial Disclosure Requirements*
The United States Supreme Court has not directly ruled on
the constitutionality of financial disclosure requirements but in Buckely v. Valeo (1976), the Court’s
ruling strengthened support for disclosure laws.
…the court determined that campaign
finance disclosures are justified by the public’s interest in information
concerning candidates, the interest in deterring corruption, and by the
government’s need for transparency in order to policy related campaign finance
regulations. Buckley made clear that
the public’s interest s in the disclosure of campaign contributions will almost
always outweigh public officials’ interests in keeping this information
private. Buckley also enshrined the now famous observation of Louis Brandeis
that “sunlight is said to be the best of disinfectants; electric light the most
efficient policeman.” (page 54)
Privacy Rights: Is
financial privacy encompassed within the right to privacy? *
Most courts have followed the lead provided by Plante v. Gonzales (1978). This case resulted in the application of a
balancing test to the question.
Privacy interests protected by the Supreme Court have generally fallen
into two categories: autonomy and confidentiality. In Plante v. Gonzales the court refused to include financial privacy in
the group of privacy interests classified as autonomous (familial matters such
as contraception, child rearing, and marriage); and adopted a balancing test
with respect to deciding if financial interests belonged in the second category
of privacy interests: matters which are confidential. In this particular case, the court found that “the public’s
interest in receiving disclosure outweighed officials’ interests in keeping
their financial matters private” (p. 53).
[1] All asterisked (*) material is
extracted from Ethical Standards in the Public Sector (2008), Ed.
Patricia E. Salkin, Chapter 4: “Sunshine in the Statehouse: Financial
disclosure Requirements for Public Officials, “Amy Lavine, Leah Rush , American Bar Association, Section of
State and Local Public Law, downloaded from the internet.
Monday, July 9, 2012
Time to Throw Your Hat in the Ring!
Are you thinking of running for
local office? I hope so! There are 5 seats open this year: 2 Assembly
members and 2 school board members for 3 year terms, and 1 school board member
for a 2-year term.
You can declare your candidacy for
any seat starting July 9 through
the end of the work-day July 27. Naturally, there are forms to fill out. Four forms. Two prepared locally and two by the state.
The local forms are a declaration of candidacy, and a nominating
petition. The state forms are a public official financial disclosure form, and
a campaign finance form. Click on “Candidate Filing Period July 9-27” from the
home page of the new Borough website at www.hainesalaska.gov
for details and forms.
So, what is this job of local
elected official all about? Well,
it might be the most challenging job you’ll ever have – and the lowest
paying! But it’ll probably be
among the most interesting and rewarding too.
The job will ask you to be:
· a model of civility and cooperation;
·
an educator and interpreter of public opinion;
· a leader bringing people together and
building trust.
Moving through your term, you will learn about local government, the local school district, local
law, and finance. Sometimes you
will feel like you just signed up for a three-year degree!
It is true that, if elected, life,
as you know it will change:
·
Wherever you are,
whenever you are there, someone will probably approach to talk about roads,
taxes, or government services. This happens in local politics because unlike
elected officials at the state and federal level, local officials rub shoulders
with the people who elected them everywhere, all the time. You meet the people who elected you on a
daily basis.
·
You’ll spend a lot of
time attending meetings, not only municipal meetings but regional and statewide
ones as well. You’ll also spend a lot of time preparing for them, reading the
material that needs to be read in order to make an informed decision in the
course of the meeting.
When
you are elected, you will draw upon skills you already have and skills you
never knew you had or even wished you had! Your new job might require you to:
·
Facilitate meetings,
speak to the press, respond to citizens who are sometimes upset or angry, and testify
before legislative committees.
·
Make decisions on
everything from who to hire as the next manager, to which bid to accept for paving the roads, to how
to pay for solid waste disposal, or whether to join with other towns in a
regional approach to providing for services.
You will work
hard on behalf of the community and we will all be glad you do! Please consider
filing for the opportunity July 9 through July 27. Thank you.
Sunday, July 1, 2012
Financial Disclosure: Local Law or State Law?
The Haines Borough Assembly has scheduled the second hearing of an ordinance to place the question of adopting local Haines Borough Financial Disclosure laws and penalties and exempting candidates and municipal officers from state financial disclosure laws before the voters on October 2, 2012. The public hearing will be on the July 10 Assembly agenda.
When the Assembly met in February to do some strategic planning, the list of initiatives to undertake included re-visiting the Alaska Public Offices Commission's (APOC) financial disclosure requirements for municipal candidates and officials. Assembly members had learned that the state requirement to report sources and total income more than $1000.00 might be a deterrent to filing for elected positions, contributing perhaps to the fact that last year no one at all filed for one of the vacant seats on the School Board.
The question of exemption from AS 39.50 has been before the Haines voters twice before, and failed both times. Seeking success this time around, the Government Affairs and Services committee has reworded the question to emphasize that local requirements and penalties for failing to comply will be established and enforced concomitant with the exemption of local officials and officers from the state requirements.
If the ordinance is passed on July 10, the question on the ballot will read:
According to the Alaska Municipal League, there are 140 cities, boroughs, and unified municipalities in Alaska. According to the Alaska Public Offices Commission (APOC), 102 or 73% have voted to exempt themselves from the Public Official Financial Disclosure Requirements under AS 39.50. You just have to ask why. Maybe those communities also had trouble raising a slate of candidates for their local offices.
When the Assembly met in February to do some strategic planning, the list of initiatives to undertake included re-visiting the Alaska Public Offices Commission's (APOC) financial disclosure requirements for municipal candidates and officials. Assembly members had learned that the state requirement to report sources and total income more than $1000.00 might be a deterrent to filing for elected positions, contributing perhaps to the fact that last year no one at all filed for one of the vacant seats on the School Board.
The question of exemption from AS 39.50 has been before the Haines voters twice before, and failed both times. Seeking success this time around, the Government Affairs and Services committee has reworded the question to emphasize that local requirements and penalties for failing to comply will be established and enforced concomitant with the exemption of local officials and officers from the state requirements.
If the ordinance is passed on July 10, the question on the ballot will read:
Shall the Haines Borough adopt Haines Borough financial disclosure laws requiring disclosure of financial and business interests; establish penalties for failure to comply with local financial disclosure laws; and exempt municipal officials and election candidates from the requirement of the Alaska Financial Disclosure law (AS 39.50)?Voter consent will no doubt depend on voter confidence in the local requirements and penalties spelled out in the local law. That law is still in draft form. It may come before the Assembly at the July 10th meeting. The draft that has been reviewed by the GAS committee raises the level of income to report from $1000.00 to $5000.00. This is the major change from the state law. If you are interested in taking a look at the draft law, please email me and I will send you a copy.
According to the Alaska Municipal League, there are 140 cities, boroughs, and unified municipalities in Alaska. According to the Alaska Public Offices Commission (APOC), 102 or 73% have voted to exempt themselves from the Public Official Financial Disclosure Requirements under AS 39.50. You just have to ask why. Maybe those communities also had trouble raising a slate of candidates for their local offices.
I have been
examining the municipal codes for communities that have voted to exempt
themselves from the state financial disclosure regulations. I looked at the codes for the most
recently exempted municipalities:
- Aleutians East Borough, 2011;
- Seldovia, 2010;
- City of Fairbanks, 2009;
- Delta Junction, 2008;
- City of Kenai, 2008;
- City of Ketchikan, 2008;
- City and Borough of Sitka, 2008;
and for a couple of
municipalities somewhat similar to Haines in size and culture:
- Cordova, 1975;
- Craig, 1976.
Of this group, the
City of Kenai and the City of Ketchikan seem to be the only two municipalities
that require candidates and officials to file an actual financial disclosure form.
Their requirements are similar to those proposed in the law under consideration
for Haines. If the Haines law is adopted, Haines candidates and municipal officials will also still have to file a disclosure form. Neither the local nor the state form are confidential. Both can be viewed by the public, though not on line. This condition has been established by the state, and mirrored by the municipality, to deter identity theft.
The balance of the
municipalities I studied have codes of ethics and provisions for disclosure of a conflict
of interest in the case of substantial financial interest in a matter. These
provisions are very similar to those in the Haines Borough Code and Charter
(HBC 2.06 Code of Ethics; HB Charter Article XVIII, Section 18.01.). If the local law is adopted by the voters, the public's interest in the impartiality of its municipal officers and elected officials will be doubly insured: by our sturdy conflict of interest and ethics requirements as well as the requirement to file a disclosure statement annually with the Borough Clerk.
Friday, June 22, 2012
Borough Will Facilitate NOAA Teleconference on Connelly Lake
In response to requests from Haines residents, the Borough will makes its teleconference equipment available for the Tuesday, June 26, 9-noon meeting at NOAA in Juneau. The teleconference line is not a toll-free line, but the Borough will absorb the minimal cost ($18.00 estimate) for the 3-hour long connection.
In setting setting this link up, Glen Martin, Project Manager with Alaska Power & Telephone Company, explained the purpose of the Juneau meeting and requested that Haines listen in, reserving comments for the public meeting in Haines the following evening. Mr. Martin writes
In setting setting this link up, Glen Martin, Project Manager with Alaska Power & Telephone Company, explained the purpose of the Juneau meeting and requested that Haines listen in, reserving comments for the public meeting in Haines the following evening. Mr. Martin writes
This meeting is meant for the resource agencies to discuss this project in a focused way and is therefore not meant for a full discussion with public involvement. I hope those members of the public that listen in will respect this and allow the agency meeting to proceed without interruption (email to Stephanie Scott, June 21, 2012.)The Haines public meeting is scheduled for Wednesday, June 27, at the ANB Hall, 6-8 PM.
Thursday, June 14, 2012
Sufficiency/Insufficiency of Public Comment During Assembly Meetings
Is there sufficient opportunity for the public to be "heard" during Assembly deliberations? The answer to that question could be subjective and probably depends on the topic. It also depends on what being "heard" might be taken to mean.
So let's let that lie for the moment and try to answer the question: What are the opportunities for the public to be heard during an Assembly meeting? This is an easier question, though I understand that the answer might not be satisfying. Just to be clear, I'd like to put those opportunities "on the table" so we are all on the same page regarding the status quo. Then in a second post I will discuss the more subjective question: what does it mean to be "heard" and is the opportunity to be "heard" sufficient.
There are opportunities opportunities to be heard specifically outlined on the Agenda, and then there are opportunities that the Assembly and the Chair can manage through the rules outlined in Chapter 2.10 of the Haines Borough Code, Assembly Procedures.
First - the Agenda:
The Assembly agenda specifically provides two opportunities for a member of the public to speak to the Assembly about any topic whatsoever. The first comes at the beginning of the meeting and is listed on the agenda as: PUBLIC COMMENTS [Any topics not scheduled for public hearing]. The last comes at the end of the meeting and is listed simply as PUBLIC COMMENTS.
In-between, the Agenda also lists PUBLIC HEARINGS for Ordinances. The public may also speak to Resolutions. Although not specifically listed for public hearing, Haines Borough Code 2.12.110 Resolutions – Reading – Hearing – Final passage – Posting (B) requires that
So, at our most recent meeting June 12, there were 14 standard opportunities for public comment or for the public "to be heard."
Next - Assembly rules.
First of all, it is the case the the presiding officer can make a rule more or less on the spot, for the moment, but any such rule making is a function of the statutory obligation to "...preserve order and decorum among the assembly members" and spectators; and the responsibility "... for the conduct of all meetings in compliance with the rules of the assembly."
I lean on this section of code when I ask people to speak within a time frame, to speak to the topic, to try for a civil tone, and even in some cases, to not speak, if it is not time for that according to the Agenda and rules.
Assembly members can engage the public outside of a public hearing, but there is a rule. Here it is:
Rules are important. We follow them because they help us be efficient and civil. Civility is one of the foundations of resolution. But no set of rules can fit all situations, so we have a rule for that! It is called "Suspension of the Rules."
So let's let that lie for the moment and try to answer the question: What are the opportunities for the public to be heard during an Assembly meeting? This is an easier question, though I understand that the answer might not be satisfying. Just to be clear, I'd like to put those opportunities "on the table" so we are all on the same page regarding the status quo. Then in a second post I will discuss the more subjective question: what does it mean to be "heard" and is the opportunity to be "heard" sufficient.
There are opportunities opportunities to be heard specifically outlined on the Agenda, and then there are opportunities that the Assembly and the Chair can manage through the rules outlined in Chapter 2.10 of the Haines Borough Code, Assembly Procedures.
First - the Agenda:
The Assembly agenda specifically provides two opportunities for a member of the public to speak to the Assembly about any topic whatsoever. The first comes at the beginning of the meeting and is listed on the agenda as: PUBLIC COMMENTS [Any topics not scheduled for public hearing]. The last comes at the end of the meeting and is listed simply as PUBLIC COMMENTS.
In-between, the Agenda also lists PUBLIC HEARINGS for Ordinances. The public may also speak to Resolutions. Although not specifically listed for public hearing, Haines Borough Code 2.12.110 Resolutions – Reading – Hearing – Final passage – Posting (B) requires that
"all persons interested who appear shall be given an opportunity to be heard. After such hearing, the assembly may finally pass such resolution with or without amendments."Sounds like a public hearing to me!
So, at our most recent meeting June 12, there were 14 standard opportunities for public comment or for the public "to be heard."
Next - Assembly rules.
First of all, it is the case the the presiding officer can make a rule more or less on the spot, for the moment, but any such rule making is a function of the statutory obligation to "...preserve order and decorum among the assembly members" and spectators; and the responsibility "... for the conduct of all meetings in compliance with the rules of the assembly."
HBC 2.10.010 Procedures of the assembly.A. The mayor shall preside at all meetings of the assembly. The mayor shall preserve order and decorum among the assembly members and is responsible for the conduct of all meetings in compliance with the rules of the assembly. The mayor may at any time make such rules as the mayor deems proper to preserve order among the spectators in the assembly chambers during sessions of the assembly.
I lean on this section of code when I ask people to speak within a time frame, to speak to the topic, to try for a civil tone, and even in some cases, to not speak, if it is not time for that according to the Agenda and rules.
Assembly members can engage the public outside of a public hearing, but there is a rule. Here it is:
HBC 2.10.050 E. Asking Questions. After obtaining recognition from the chair, a member may ask direct questions of another member of the assembly or to a person appearing before the assembly. The questions may not be argumentative.I am sure you have seen this rule in practice. An Assembly person raises their hand, then says, "Through the Chair, may I ask.... a question?" The answer is almost invariably, "Yes."Although the Assembly is provided with as much information as possible pertinent to the topics on the agenda, there is always the possibility that some one in the audience will be in possession of a key to the puzzle. The key to the ability to follow this rule is to understand the difference between questions that are for information and questions that are argumentative. Rhetorical questions are usually argumentative. I can't know the nature of the question before it is posed, but it is my job to call a halt to the interaction if it is "argumentative." I am not sure I have ever had to interrupt a question/answer situation, but I am alert to the possibility. It is a "hot spot" for me!
Rules are important. We follow them because they help us be efficient and civil. Civility is one of the foundations of resolution. But no set of rules can fit all situations, so we have a rule for that! It is called "Suspension of the Rules."
HBC 2.10.050 Assembly rules – Amendment, suspension and violation.
B. The borough assembly rules and order of business shall be observed in all cases, unless suspended temporarily for a special purpose by a vote of the majority of assembly members present. Any member may move at any time for the suspension of any rule, and such motion must be seconded to entitle it to consideration.So, should a member of the Assembly wish to have a public hearing on a topic on the Agenda that is not scheduled for a public hearing, that member could move to suspend the rules for that purpose (i.e. hold a public hearing on topic x). If the majority of the Assembly agrees, then so be it.
Monday, June 4, 2012
Weatherized and Efficienct = SAVINGS!
The University of Alaska Institute of Social and Economic Research (ISER) recently published study of the State of Alaska Home Energy Rebate program estimates that households have saved $22 million. Read a synopsis of the report in the Alaska Journal of Commerce or download the full report from the ISER site. Scroll down to the middle of the page where it says "Snapshot: The Home Energy Rebate Program." According to the Snapshot:
The researchers found, among other things, that the roughly 16,500 Alaska homeowners who have been through the program since 2008 are saving an estimated average of 26% on their heating bills, and that every $1 million in state spending for the program creates 12 Alaska jobs.
Saturday, May 12, 2012
Announcing - Energy Award!
In honor of our local Earth Day celebration today, I am announcing the Mayor's Energy Award.
The Haines Borough Mayor’s
Energy Award
The Haines Borough Mayor will offer an Energy Award
annually. The first awardee will
be announced at the spring Earth Day Event, 2013. The award will honor innovation and actions in two
categories: (A) energy conservation and efficiency that substantially reduces the cost of energy
and (B) installations of renewable
energy technology to replace or significantly supplement energy supplied by
fossil-based fuels.
All Haines Borough residents, including Borough employees,
officers, and elected officials, are eligible to receive the award. People may nominate themselves or may
be nominated by someone. Businesses
and non-profit groups are also encouraged to participate.
The Energy Award will include a check for $100 funded from
the Mayor's discretionary funds, a framed Mayoral proclamation describing the
contribution of the awardee.
All applicants will be showcased in a publication prepared
by the Mayor’s office celebrating the local commitment to energy conservation,
efficiency, and utilization of renewable energy sources.
Examples of projects may include installation of energy
efficient heating systems, lighting retrofits, weatherization projects, energy
generation systems using solar, wind, biomass, hydro, or geothermal technology.
Nomination forms and instructions will available at the
Haines Borough Administration Building, online at the Haines Borough
website. The nomination period is
open until January 31, 2013.
Completed nomination forms can be dropped off at the Haines Borough
Administration Building, or emailed or mailed to the Mayor at the Haines
Borough:
MAYOR
103 Third Avenue S.
P.O. BOX 1209
HAINES, ALASKA 99827
PH - (907) 766-2231
103 Third Avenue S.
P.O. BOX 1209
HAINES, ALASKA 99827
PH - (907) 766-2231
Sunday, May 6, 2012
Working the Case, Not the Clock
Depending on our interests, different details draw us in. I am grateful that Tracy Mikowski's abiding interest in both domestic and wild animals drew her to the abandoned seal pup early Wednesday morning. Mikowski and HARK executive director Steve Vick took no notice of the time when they started running down the resources needed to respond to the pup's situation.
In my short tenure as Mayor, I have had the opportunity to observe this un-sung trait in borough employee after borough employee. Thank you.
You can follow the rehabilitation of the pup at the Seward Sea Life Center. The photos are great!
In my short tenure as Mayor, I have had the opportunity to observe this un-sung trait in borough employee after borough employee. Thank you.
You can follow the rehabilitation of the pup at the Seward Sea Life Center. The photos are great!
Sunday, April 29, 2012
Lemonade Day - Haines, May 6, 2012
I spent yesterday with a five-year old Lemonade Day entrepreneur. Her planning is impressive! Her decisions are strategic. Her enthusiasm is infectious! Please mark this day on your calendars - Sunday, May 6. Look for Lemonade Stands popping up all over Haines. Please buy some lemonade and help these teams of emerging entrepreneurs meet their expenses, if not turn a tidy profit! My five-year old informant tells me that she will donate 25% of her profits to her favorite charity and then deposit the rest in a college savings account. She wants to be a ferry boat captain and she knows that will require planning and investment. What an inspiration!
Lemonade Day Alaska started in Anchorage last year. It is a statewide initiative that helps students in grades K through 12 learn how to operate their own businesses - a lemonade stand. The Haines initiative is sponsored by Southeast Conference and organized in Haines by Jan Hill.
Lemonade Day Alaska started in Anchorage last year. It is a statewide initiative that helps students in grades K through 12 learn how to operate their own businesses - a lemonade stand. The Haines initiative is sponsored by Southeast Conference and organized in Haines by Jan Hill.
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