Protecting Your Rights: Serving Sand Lake, Spenard and Turnagain

April 13, 2022

House Passes Operating Budget

The operating budget passed by the House calls for nearly $2.6 billion in Undesignated General Funds. Our caucus prioritized making wise use of one-time federal funds, supporting Alaskans facing high energy costs, and investing in Alaska's future. Below is a brief summary of HB 281 as approved by the House.

Education

$1.2 billion towards forward funding education
$395 million to refill the Higher Education Investment Fund
$66 million to School Bond Debt & REAA to pay the 50% that wasn't paid due to the previous failed CBR vote, in addition to a $111 million for 100% of the School Bond Debt & REAA for FY23
$1.6 million to WWAMI Medical Education Program
$2.5 million for Pre-K for two years, totaling $5 million

Supporting Alaskans

$1,300 Energy Relief Check for each Alaskan
$1,250 Permanent Fund Dividend for each Alaskan

Public Safety

Funding for an additional 14 state troopers and 10 Village Public Safety Officers
$1 million for Missing and Murdered Indigenous Women by adding seven law enforcement positions in victim/witness coordination
$5 million to combat Domestic Violence and Sexual Assault
$4 million for community jails as well as $150,000 to assist with correctional officer recruitment
$3.4 million to provide one-time retention bonuses to Criminal and Civil Division staff

Health and Social Services

$1.2 million in Behavioral Health grants
$900,000 for increased Medicaid Waiver waitlist
$700,000 for 20 new positions in Public Assistance
$520,000 for Public Nursing bonuses

Alaska Marine Highway System

$141 million to fully fund the Alaska Marine Highway System, with $82 million coming from federal infrastructure funds
$18 million towards AMHS Vessel Replacement

Investing in Alaska

$2.2 billion deposited into our savings through the Statutory Budget Reserve by the end of FY23
$1.5 million for Public Broadcasting

The budget was amended on the House floor to include the following:

$50,000 for construction of ice-roads in Northwest Arctic Borough
$262,000 for two renewable energy mapping positions in the Department of Natural Resources
$2 million to the Alaska Court System to increase pay to jurors
$2.4 million to provide one-time retention bonuses to Office of Public Advocacy and Public Defender staff
A $495,000 reduction to the Department of Law budget (more on that below)

I was disappointed to see the House adopt an amendment that attempts to defund state-provided abortion services by targeting the approximately $350,000 the state pays for abortions covered under Medicaid. This amendment targets the poorest Alaskans. The Alaska Supreme Court has repeatedly struck down state laws and regulations limiting access to publicly-funded abortions, including similar language in an earlier budget bill. The Attorney General has repeatedly advised the legislature that this amendment is unconstitutional, unenforceable, and will not be implemented even if it becomes part of final budget adopted by the Senate and approved by the governor.

Bellville v. Dunleavy Settlement

The House adopted an amendment that I offered that removed $495,000 for settlements the Dunleavy administration agreed to pay to two API doctors in Bellville v. Dunleavy from the budget.

In Bellville v. Dunleavy, Federal District Judge Sedwick found Governor Dunleavy personally liable for violating the constitutional rights of Alaskans. As background, in 2018, shortly after the election, the governor fired two doctors at the Alaska Psychiatric Institute for refusing to sign a loyalty pledge. Judge Sedwick wrote:

"[T]he Court finds that the First Amendment violation in these circumstances was clearly established and would have been known to any reasonable government official. It is beyond debate based on Supreme Court precedent that it is unconstitutional to require non-policymaking employees to signal a commitment to a political agenda in order to retain their jobs.... It is not the specific details of the patronage practice that matter in the application of the case law; rather, it is whether the practice would interfere with an employee's political beliefs or otherwise inhibit the political activities of public employees. That effect is beyond debate here."

It appears that either the governor sought legal advice and failed to follow that advice, or the governor failed to even seek legal advice before violating the constitutional rights of these Alaskans.

The parties settled the case in early February for $495,000, but the written settlement agreement specified that payment was subject to legislative appropriation and the Attorney General could not guarantee payment.

The case is unprecedented and unique in Alaska history: never before has a court found an Alaska governor personally liable for violating the constitutional rights of Alaskans. We could not even find a summary judgment decision holding any governor in the United States personally liable for violating citizens' constitutional rights.

Given the governor’s personal liability, we were surprised that he asked the people of Alaska to pay the $495,000 settlement for his own mistake. When the governor violates the constitutional rights of Alaskans, he should be responsible for his own mistakes.

Community Information

→ Special Election for U.S. Congress

A special primary election will be held on Saturday, June 11, 2022. Ballots for this election will be mailed automatically to all registered voters April 27. On this ballot, voters will choose one candidate and the top four will proceed to the August 16 special election.

A special election will be held on Tuesday, August 16, 2022. This election will occur on the same ballot as the regular primary election. This election will be the first to use the ranked-choice voting system.

Fifty-one individuals filed to enter the historic race, and three have dropped out. We broke down the election in our last e-newsletter.

To learn more about ranked choice voting, including how to fill out your ballot and how ballots will be counted, click here.

ICYMI: Video update on special election and ranked choice voting

Special election information

Learn about ranked choice voting

→ Anchorage Municipal Election Results

Thank you to all who participated in our recent Anchorage Municipal Election. This election included seats on the assembly and school board and bond proposals. The results are still unofficial as the assembly has not yet certified them.

View the results as they come in here.

→ Booster Eligibility Update

Vaccines and boosters continue to be the best way to stay safe from severe COVID illness. Everyone 50+ and certain immunocompromised individuals are eligible for a second COVID vaccine booster 4 months after receiving their initial booster.

Make an appointment here.

Community Events

Mark your calendars for these upcoming events:

Listening Session on Proposed Navigation Center

Mayor Bronson is moving forward with the proposed navigation center to provide homeless services. He has announced a series of listening sessions to provide an opportunity for members of our community to learn more about the plan and get answers to any questions they may have. There will be two sessions, with the first one scheduled for April 13. These events will be broadcast live on the mayor's YouTube page.

When: Wednesday, April 13 from 5:30 to 7:00 PM

Where: Wilda Marston Theater

Community Recycling Event

Recycle electronics, furniture, and construction materials. There will also be local vendors including Total Reclaim, Blue Market, and some gardening partners. Check out the Facebook event page.

When: Saturday, April 23 from 11:00 AM to 4:00 PM

Where: Habitat for Humanity ReStore