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Michael Tavoliero: Power of the governor to enforce Alaska's Constitution

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Michael Tavoliero: Power of the governor to enforce Alaska's Constitution


By MICHAEL TAVOLIERO

Article VII, Section 1 of the Alaska State Constitution states, “Schools and institutions so established shall be free from sectarian control.”

This provision is aimed at ensuring that Alaska’s public education system, which includes its university system, remains impartial and free from influence or control by any particular religious or ideological group. It underscores the importance of maintaining neutrality and inclusivity within the state’s educational institutions.

If you agree with my constitutional reading, then how can this best be approached by our state government? 

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The National Education Association-Alaska has over 12,000 members. It is obligated to represent its members. However, its ideological control over the Alaska education system is considered ubiquitous and multilayered in local school districts, our state bureaucracy and our tripartite government, the executive, legislative and judicial branches, and the federal government. 

In a seismic legal upheaval, Alaska’s educational landscape is in tumult, with the future of homeschooling hanging in the balance. Recent judicial action has delivered a stunning blow by striking down laws supporting the state’s correspondence education program, citing them as unconstitutional.

The reverberations of this decision are felt across the state, as over 20,000 homeschool students face uncertainty, and public-school districts are thrust into chaos, tasked with integrating these displaced students back into traditional classrooms. With the Alaska Department of Education and Early Development now at the center of this urgent crisis, the need for a swift resolution looms large. 

It’s baffling to witness our state government hesitating, caught in indecision over the crucial next steps: Do we pursue a legislative remedy or take the matter to the Supreme Court? The urgency of this issue cannot be overstated, yet inexplicably, the government remains on the defensive, failing to seize the initiative. Let’s be clear: This is not just about politics or legal wrangling. It’s about the very future of our children, the very future of our state. The time for action is now.

To address the issue of NEA-Alaska violating Article VII, Section 1, the governor of Alaska holds significant authority and avenues for action.

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Firstly, under the state constitution’s Article III, Section 16, the governor has the authority to ensure the faithful execution of the laws, including constitutional mandates such as sectarian control in education. This authority empowers the governor to take appropriate legal action to enforce compliance with constitutional provisions and legislative mandates, as well as to restrain any violation of constitutional or legislative powers, duties, or rights by state officers, departments, or agencies.

Additionally, Article III, Section 23 grants the governor the authority to make changes in the organization of the executive branch or in the assignment of functions among its units for efficient administration. These changes, when requiring the force of law, are set forth in executive orders. The legislature has a specified period to disapprove these orders, after which they become effective. The governor also has administrative order authority which can be solidified into regulations without legislative review.

Moreover, the governor’s oath of office, as mandated by Article XII, Section 5, requires the Governor to uphold the U.S. and Alaska constitutions. This oath underscores the governor’s commitment to respecting and adhering to constitutional principles, including those related to education policy and sectarian control.

The governor and all members of the state legislature are required to comply with Article XII, Section 5. Additionally, every public official and employee of the state before entering upon the duties of office are required by AS 39.05.040 and AS 39.05.045 to take and sign an oath which includes supporting and defending both the Constitution of the United States and the Constitution of the State of Alaska.

Do the members of the NEA-Alaska support this when teachers have also taken an oath? The oath is same per 4 AAC18.010(a)(5) and AS 39.05.045 so all contracts for teachers and administrators must include in this all Alaska public school contracts.

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This brings into question the practical application of the state’s Legislative Ethics Act, specifically Section AS 24.60.010, and the role of the Ethics Committee when the governor identifies a constitutional violation.

If you agree with my constitutional reading, how can any of our state government and our teachers support the continuation of NEA-Alaska’s sectarian control of education in the light of the oaths taken?

In practical terms, the Governor can utilize legal mechanisms such as executive orders or administrative orders to address concerns regarding sectarian control in education. These orders could outline specific actions or directives aimed at ensuring that schools and institutions remain free from sectarian influence or control. Additionally, the governor may use this opportunity to reign in the NEA-Alaska’s unconstitutional behavior through regulation.

Furthermore, the attorney general, as the legal advisor for the state, can work with the governor to assess the legal basis for any actions taken against NEA-Alaska or other entities perceived to violate constitutional provisions.

Regarding campaign donations to members of the legislature, the constitutional mandate for schools to be free from sectarian control may influence donor behavior and legislative decisions. Donations from organizations like NEA-Alaska may face greater scrutiny, and legislators receiving such contributions may be questioned about their commitment to upholding constitutional principles as well as their oath of office.

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Will such a declaration of unconstitutionality by the governor trigger the Alaska Public Offices Commission to investigate every donation which supports this unconstitutionality? The governor certainly has the authority to demand this.

Ultimately, the governor’s authority, combined with legal and ethical considerations, provides avenues for addressing concerns related to sectarian control in education and ensuring adherence to constitutional mandates.

If the governor determines that NEA-Alaska has violated Article VII, Section 1 of the Alaska State Constitution, specifically regarding the freedom of schools and institutions from sectarian control, he has the authority to act, including addressing public education union contracts through administrative orders immediately. 

Administrative orders issued by the governor typically pertain to the organization and functions of the executive branch. If the governor declares unconstitutionality, the structural components of NEA-Alaska may be challenged. The governor could also take indirect actions within the scope of his authority to address concerns related to sectarian control in education.

For example, the governor could utilize administrative orders to initiate investigations or audits into public education union activities to determine compliance with constitutional mandates. If violations are found, the governor could work with relevant state agencies to enforce corrective measures or impose penalties as allowed by law.

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Additionally, the governor may leverage his authority to influence legislative action or budgetary decisions that impact public education union contracts. By working with the state legislature and other stakeholders, the governor could advocate for policy changes or funding allocations aimed at addressing issues related to sectarian control in education.

Ultimately, any actions taken by the governor must adhere to constitutional principles, respect the rights of all parties involved, and comply with applicable laws and legal procedures. The governor must carefully consider the legal and practical implications of his actions and ensure that they align with the broader goals of promoting impartiality and inclusivity in Alaska’s public education system.

But the fact remains as open as the air we breathe, in Alaska, the education system is controlled by one entity, and one entity alone, and that is NEA-Alaska.

Michael Tavoliero writes for Must Read Alaska.



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University of Alaska names U.S. Army commander as new UAF chancellor

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University of Alaska names U.S. Army commander as new UAF chancellor


The University of Alaska Fairbanks campus, photographed in October 2019. (Loren Holmes / ADN archive)

Officials with the University of Alaska have tapped the commander of the U.S. Army 11th Airborne Division’s Arctic Aviation Command as the new permanent chancellor of the University of Alaska Fairbanks.

Col. Russell “Russ” Vander Lugt was selected from four finalists after an eight-month search process. He will be the top executive of Alaska’s leading research institution, which describes itself as “America’s Arctic university.” He will replace interim chancellor, and former U.S. Ambassador to the Arctic, Mike Sfraga, who succeeded former chancellor Dan White who announced his retirement in May of last year.

Vander Lugt is a senior U.S. Army officer, an Arctic scholar and UAF alumni, with over two decades of executive leadership experience, according to a university announcement on May 27. He has served as commander of the 11th Airborne Division’s Arctic Aviation Command at Fort Wainwright in Fairbanks since Aug. 2024.

“I’m humbled to be selected to lead the University of Alaska Fairbanks during this pivotal time,” Vander Lugt said in a statement with the announcement.

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“I look forward to leading through trust, transparency, and teamwork as we see Alaska and the Arctic transformed through education, research, and public service. I’m committed to building on the strong foundation Chancellors Sfraga and White have established, and working closely with university leadership and governance to support and advance UAF’s mission,” he said.

Russell “Russ” Vander Lugt is seen in an undated photo. (Photo provided by the University of Alaska)

Vander Lugt will step into the permanent chancellor role on Sept. 8. Sfraga’s last day was Friday, and university officials have selected Larry Hinzman, director of the UA Arctic Leadership Initiative, to serve as interim chancellor through the summer.

Vander Lugt has had a long career with the U.S. Army in various roles in Alaska, where he is stationed in Fairbanks, and across the U.S. His resume lists deployments to Europe and the Middle East.

He served in executive leadership roles that include the Alaskan Command, a division of the U.S. Northern Command, the 601st Aviation Support Battalion, and the 1st Stryker Brigade Combat team. He also taught history and military leadership as an assistant professor at the U.S. Military Academy at West Point and was a professor of military science and department chair at Embry-Riddle Aeronautical University in Prescott, Arizona.

He holds a master’s degree and doctoral degree in Arctic and Northern Studies, which he completed in 2022 at the University of Alaska Fairbanks.

Vander Lugt’s hire is the latest in major leadership changes in the University of Alaska system — former UA President Pat Pitney retired last month and former university attorney Matt Cooper was named as her successor. Cooper will begin as university president in early August, and Michelle Rizk, vice president of university relations and chief strategy, planning and budget officer, is serving as interim president. Cheryl Siemers was appointed permanent chancellor of the University of Alaska Anchorage in March, after serving as interim chancellor since the retirement of former chancellor Sean Parnell last year.

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Vander Lugt’s base salary will be $309,000, according to the university’s announcement.

The University of Alaska Fairbanks serves roughly 7,500 students. It employs more than 800 faculty and nearly 2,000 staff across urban and rural campuses in Fairbanks, Kotzebue, Nome, Bethel and Dillingham.

Originally published by the Alaska Beacon, an independent, nonpartisan news organization that covers Alaska state government.





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Dutch Harbor Remembrance Day 2026 – Mike Dunleavy

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WHEREAS, on June 3, 1942, six months after the attack on Pearl Harbor, World War II arrived in Alaska when Dutch Harbor on Amaknak Island was bombed by Japanese – the first aerial attack by an enemy on the continental United States; and

WHEREAS, the Japanese pilots expected little resistance; but because of an intercepted message three weeks earlier, the installation was on high alert, and Navy and Marine personnel were prepared with anti-aircraft defenses; and

WHEREAS, encountering unexpected resistance at Dutch Harbor, installation, Japanese forces shifted their focus to the Margaret Bay Naval Barracks, where the attack claimed the lives of 25 servicemen; and

WHEREAS, following the initial attack on Dutch Harbor, Japanese forces launched additional assaults on Dutch Harbor, Adak, Kiska, and Attu, resulting in the Aleut people being evacuated and held in internment camps in Southeast Alaska for three years, through which many did not survive; and

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WHEREAS, the brave soldiers of the United States Armed Forces and allied Canadian Forces fought valiantly for more than a year to reclaim the remaining Aleutian Islands. The battle of Attu stands as one of the most costly American assaults in the Pacific, with hundreds of servicemen making the ultimate sacrifice to liberate Alaska; and

WHEREAS, on the 84th anniversary of the bombing of Dutch Harbor, we remember and honor all who were affected by the attack, paying tribute both to the military personnel who served and died to defend our Nation and to the Aleut people who died while imprisoned.

NOW THEREFORE, I, Mike Dunleavy, GOVERNOR OF THE STATE OF ALASKA, do hereby proclaim June 3, 2026, as:

Dutch Harbor Remembrance Day

in Alaska and encourage all Alaskans to join with the people of Dutch Harbor, Unalaska, and the Aleutian Islands to honor all who were lost in Alaska during World War II, and I order the Alaska State Flag to be flown at half-staff in remembrance of those who perished.

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Dated: June 3, 2026



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Photos show Alaska National Guard plane damaged in Iran war theater

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Photos show Alaska National Guard plane damaged in Iran war theater


The 168th Wing of the Alaska Air National Guard hosts a naming ceremony at Eielson Air Force Base on July 31, 2025 showcasing the KC-135 aircraft “Tetlin.” Photos of this Stratotanker with apparent shrapnel damage connected to Operation Epic Fury circulated online at the end of May 2026. (Senior Master Sgt. Julie Avey / U.S. Air National Guard)

A plane belonging to the Alaska National Guard appears to have been damaged during operations connected to Operation Epic Fury as part of American military efforts against Iran, according to online reports. Defense officials have so far declined to confirm whether Alaska National Guard personnel or equipment are taking part in the campaign.

Last week, defense industry news outlet The War Zone published photos of a KC-135 Stratotanker transiting through a British airbase. In the pictures, made by photographer Andrew McKelvey, the rear bottom of the fuselage and wing stabilizers are “peppered with temporary shrapnel damage repairs‚“ according to The War Zone’s article. The plane also appears to be missing its refueling boom, the proboscis extending from under the tail to pump off fuel to other aircraft.

In the photographs, the Stratotanker’s tail number is visible, identifying the refueling plane as belonging to the Alaska Air National Guard’s 168th Wing, based at Eielson Air Force Base outside of Fairbanks. The wing’s mission includes aerial refueling. That’s the tactic of large planes unloading vast quantities of fuel to aircraft, ranging from fighter jets to rescue helicopters, in midair.

Pictures from a different photographer published last week by another blog, The Aviationist, show the same plane. The tail includes the letters “AK” painted above a white polar bear.

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In addition to the photographs, the reporting from The War Zone is based on publicly available flight data and social media posts scraped from a variety of sources.

According to information from Flight Radar 24, the Stratotanker left Eielson on March 5, just days after the U.S. and Israeli militaries began bombing Iranian targets on Feb. 28. Through March, according to public flight records, the plane was based at Ben Gurion Airport southeast of Tel Aviv, where, according to The War Zone, dozens of American refueling aircraft were staged as part of Operation Epic Fury.

There are no public flight records connected to the Stratotanker through April and most of May, until it appeared to fly through England on the way to the United States at the end of last month.

It is not clear how many Alaska Air National Guard planes, personnel or units are currently deployed in connection to the war effort against Iran.

A spokesperson for the Alaska National Guard referred all questions about Operation Epic Fury to the U.S. Central Command.

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A spokesperson for CENTCOM, headquartered at MacDill Air Force Base in Florida, declined to answer questions on the record or provide any specific information about Alaska National Guard units deployed as part of ongoing military operations, citing the need to protect service members and operational security.

The Alaska National Guard has posted no informational releases or pictures connected to an overseas deployment during the last few months.

Much of Operation Epic Fury has been waged by military aircraft, and aerial refueling is critical to keeping planes supplied during long flights. A May 12 report from the Congressional Research Service composed of public damage reports to U.S. military aircraft noted that among the 42 records of damage or losses were seven KC-135 Stratotankers, though the findings were published before photos emerged of the Alaska-based plane. The report noted that the Defense Department “has not published a comprehensive assessment of combat losses” from Operation Epic Fury.

The tail number is associated with a Stratotanker manufactured in 1964, the year before Boeing ceased making them. All of the nearly 400 KC-135s currently in operation within the American military date back to that era of the Cold War.

The aircraft has the word “Tetlin” painted on the top of its tail. The name is an homage to the Interior Alaska village, one of several selected to honor longstanding bonds between military aviators and Alaska Native communities, according to photographs of a dedication ceremony posted by the Alaska National Guard last summer.

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The 168th Wing currently has 12 Stratotankers attached to the unit. That number bumped up in April after a long campaign by Alaska Republican U.S. Sen. Dan Sullivan to allocate more tankers to the state’s portfolio given its vast geography and high number of advanced fighter jets.





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