The Canvass

The final thirty-one additional votes were counted by the Haines Borough Assembly October 11 in the election canvass. The tally is Hill: 554; Scott: 601.

The election will be certified by the Assembly at its regular meeting October 25. Terms start October 31. And on that day all new officials will be sworn in, one at at time, in the Borough Clerk's office.

There are no formal procedures or policies that guide the transition from one Mayor to another, but I hope to work with Mayor Hill in the interim and beyond to make sure that continuity characterizes this change. The list of "things to do" is long and I am ready to roll up my sleeves and get to work - but officially, work starts October 31.

The Borough Clerk assured us that she would be in costume for the swearing in. The only remaining question is, how should your new officials be costumed?

A public swearing in is planned for the first Assembly meeting, November 15.

Mayoral Election Results

The Haines Borough 2011 mayoral contest may turn out to be one of those elections we can use to illustrate the power of one vote. At this time, it is too close to call. By the evening of October 4, the difference between candidates for mayor was slim: Scott: 577; Hill: 547, with a maximum of 40 additional votes yet to be counted.

The Assembly will "canvass" the election at 5:45 Tuesday, October 11. At that time, uncounted ballots will be examined, and if accepted, counted. These ballots include 15 Questioned Ballots, 1 Personal Representative Ballot, 16 Absentee-by-Fax Ballots, and any Absentee-by-Mail Ballots that come in by October 11. The Clerk can say with certainty that there are a maximum of 40 additional ballots because every single ballot given at the polls or mailed or faxed is carefully tracked. The Borough Election Official is able to verify that the number of ballots used (counted) or destroyed equals the number of ballots in circulation.

Many people voted early this year. Early voting is a kind of "absentee" voting since the voter is not voting in his or her precinct. But "early" votes are counted with the regular votes after the polls close on the evening of the election.

Why might a ballot be questioned? Remember how you signed the voter register when you went in? What if your name isn't on the register? The election judges will still let you vote, but you must vote a questioned ballot. The question is: are you or are you not a properly registered voter? That's the "question" that the Borough Election Official (also our Borough Clerk) will help the Assembly decide on October 11. If you are a properly registered voter (must have registered at least 30 days before the election), then your ballot will be opened and counted. One of the most common reasons for questioned ballots in Haines is voters voting out of their precincts. If you live at Mosquito Lake but it was more convenient for you to vote in town (or visa versa), your ballot would have been "questioned" because your name would not have been on the precinct voting list - but in the end, your ballot will be counted - provided of course, that you are properly registered!

I am always impressed by the precision of the Borough Clerk and her election judges. Procedures are followed to a "t." Every safeguard is practiced. Conducting an election is a weighty responsibility. This year it was once again carried on the able shoulders of the Borough Clerk and the chairs, judges, and clerks at our two Borough precincts. Hats off to Julie Cozzi and her 2011 team: Jeannette Heinrich, Leslee Downer, Barbara Maynard, Donna Catotti, Nancy Wenner, Frankie Perry, Marlys Johnson, John Hunt, and Holly Thomas. Thanks so much.

The Right to Think Together

Friday evening about 40 of us got together in the Chilkat Center to talk about our hopes and our concerns for the future of Haines. The opening atmosphere was deliberately light-hearted with a clever puppet show by Tresham Gregg called "Running for Office," keyboard by Dave Nanney, and drums and the occasional guitar rift by Bear. After we all loosened up, I took the mic and fielded questions for an hour. The evening was classical Haines, in that compassion and inclusion were two recurring themes.

I agree with Thomas Jefferson who said that

"...an association of men who will not quarrel with one another is a thing which never yet existed, from the greatest confederacy of nations down to a town meeting or vestry... ...so there must, from the nature of men, be opposite parties... " (cited in Needleman, Jeremy P. Tarcher/Putnam, 2002, The American Soul, p.140-141).

That being true, one of the most important roles of government is to protect a space for human beings to exercise the freedom to think together; to exchange perceptions and ideas. That is almost impossible to do without providing also for a strong dose of compassion, one for the other.

No government can legislate compassionate but it can embody it and lead by example. I hope to do that.

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.