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Inadequate training and a fatal U-turn cost Alaska government $3 million, settlement documents say

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Inadequate training and a fatal U-turn cost Alaska government  million, settlement documents say


The Alaska Senate Finance Committee is seen on Wednesday, Jan. 18, 2023, on the Alaska State Capitol in Juneau. (Photograph by James Brooks/Alaska Beacon)

Juneau, Alaska (Alaska Beacon) – The state of Alaska can pay $3 million to the household of a person killed in a 2018 visitors accident brought about when an Alaska state trooper made an abrupt U-turn in entrance of him.

The case is the most important of six authorized settlements listed by the Alaska Division of Legislation in March amendments to Gov. Mike Dunleavy’s state finances proposal for the upcoming yr.

Among the many others are a $1.5 million settlement with a former Division of Legislation lawyer who gained an age-discrimination declare, $800,000 for a settlement in a dispute over contractor wages, and $1 million in lawyer charges owed to the individuals who efficiently overturned Alaska’s limits on donations to political candidates.

The settlements have been revealed Monday in a presentation to members of the Senate Finance Committee.

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“Within the working finances yearly, now we have a piece on claims and settlements,” mentioned Sen. Bert Stedman, R-Sitka, “and we attempt to line-item them out for readability with the general public funds. It’s how the judgments receives a commission: We’ve got to applicable it after the courts rule.”

Sen. Lyman Hoffman, D-Bethel, famous in committee that the prices outlined within the paperwork don’t embrace what the state paid for its unsuccessful authorized protection.

A deadly crash

On July 1, 2018, Aaron Thomas Smith of Eagle River died on the Seward Freeway in a crash triggered when an Alaska state trooper abruptly slammed on his automobile’s brakes and pulled a U-turn as a way to pursue a dashing automobile that was headed in the wrong way.

On the time, troopers attributed the crash to autos following too intently on the freeway.

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Smith’s widow sued the Alaska Division of Public Security, alleging Trooper Richard Chambers was responsible for the accident.

In sworn depositions given earlier than trial, division officers mentioned coaching in U-turn process is elective for brand new troopers at their coaching academy, and Chambers mentioned he had not undertaken any area coaching on the subject.

Division officers blamed Chambers for the accident, with Troopers Capt. Richard Roberts stating in a deposition that Chambers failed to contemplate the security of different drivers and that the division would have preferred him to have thought of the problem for a couple of extra seconds earlier than turning round.

Retired choose Elaine Andrews oversaw a spherical of mediation supposed to keep away from trial and steered what turned the last word settlement, mentioned lawyer Anthony Banker, representing Smith’s widow.

The Division of Legislation concluded, in paperwork outlining the settlement to the state Workplace of Administration and Finances, that the state was liable due to “negligence on behalf of the trooper, who was in violation of Division of Public Security Coverage.”

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Chambers, Banker mentioned, was not administratively punished however requested desk duties after the accident. An official with the Division of Public Security mentioned he stays employed by the company.

Banker declined an interview on behalf of Smith’s widow however mentioned her major purpose in bringing the case “was to vary coverage to make sure this wouldn’t occur to different individuals. She was saddened and perplexed to study by way of depositions that this maneuver, as executed, was a violation of current coverage, and that troopers working freeway patrol look like unaware.”

The settlement is listed as $300,000 in paperwork offered to the Senate Finance Committee, however the full settlement settlement exhibits a $3 million whole, with legislative approval required for less than 10% of the associated fee.

Unusually, the settlement features a clause stating that if the Legislature fails to applicable the quantity, the settlement settlement is void and Banker will file a brand new lawsuit.

Banker mentioned that clause, which is new to him, happened after the Legislature balked at paying a settlement owed to Alaska Psychiatric institute medical doctors illegally fired by Gov. Mike Dunleavy.

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Although the settlement was finally authorised, the settlement agreements filed by the Division of Legislation this yr present new precautionary clauses supposed to behave as contingencies if the Legislature once more balks at a settlement.

Lawyer charges for a misplaced protection

Final yr, after the federal Ninth Circuit Courtroom of Appeals overturned Alaska’s limits on political contributions and the state didn’t attraction, the 2022 elections occurred with out limits on how a lot a donor might give to a candidate for workplace.

Now, the state of Alaska is making ready to pay $1 million to a pair of legislation corporations that represented the plaintiffs who efficiently overturned the boundaries.

Federal legislation permits a choose to award “an affordable lawyer’s charge” in civil rights circumstances, and the state was discovered to be violating the First Modification with its prior marketing campaign finance restrictions.

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The state signed the charge settlement in September 2022.

An age-discrimination case at trial

Following a 10-day jury trial in October 2022, a Juneau courtroom awarded former Assistant Lawyer Basic Joan Wilkerson nearly $1.2 million after she efficiently proved that the Division of Legislation denied her promotions due to her age, then fired her when she complained.

Wilkerson was fired underneath the administration of former Lawyer Basic Jahna Lindemuth, and the jury concluded that damages have been warranted due to Wilkerson’s misplaced wages and retirement earnings.

The settlement settlement submitted by the division to the Legislature is nearly $1.5 million after accounting for prices, charges and curiosity, in line with paperwork submitted to the Workplace of Administration and Finances.

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Lawyer Mark Choate, who represented Wilkerson, might have requested further lawyer charges however didn’t achieve this, the division famous in its paperwork. Choate didn’t instantly reply a telephone name on Friday in search of further data.

The division mentioned in paperwork submitted to OMB that it has “adopted a proper coverage outlining the promotion course of inside the Division of Legislation.”

“Additional,” the division mentioned, “now we have offered coaching and expectation on how supervisors and administration deal with efficiency points with present staff.”



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Trump’s Assault On Alaska's Wildlands

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Trump’s Assault On Alaska's Wildlands


Canning River, Arctic National Wildlife Refuge, Brooks Range, Alaska, where the Trump administration proposes oil drilling. Photo George Wuerthner.

One of the first Executive Orders from the Trump Whitehouse is to reverse environmental protections for federal lands in Alaska and hasten, expand, and encourage resource development.

Sec. 2.  Policy.  It is the policy of the United States to:

(a)  fully avail itself of Alaska’s vast lands and resources for the benefit of the Nation and the American citizens who call Alaska home;

(b)  efficiently and effectively maximize the development and production of the natural resources located on both Federal and State lands within Alaska;

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(c)  expedite the permitting and leasing of energy and natural resource projects in Alaska; and

(d)  prioritize the development of Alaska’s liquified natural gas (LNG) potential, including the sale and transportation of Alaskan LNG to other regions of the United States and allied nations within the Pacific region.

Prudhoe Bay oil development Alaska. Photo George Wuerthner

Trump appears eager to specifically negate all of President Biden’s conservation efforts in the state. It almost seems like a vendetta against Biden, as if he personally wants to wipe out any conservation efforts the former President enacted.

 

Logging on the Tongass National Forest, Alaska.

Trump’s order says: rescind, revoke, revise, amend, defer, or grant exemptions from any and all regulations, orders, guidance documents, policies, and any other similar agency actions that are inconsistent with the policy set forth in section 2 of this order, including but not limited to agency actions promulgated, issued, or adopted between January 20, 2021, and January 20, 2025;

 

Alaska pipeline TAPS near Delta Junction Alaska George Wuerthner

OIL AND GAS DEVELOPMENT

Trump’s executive order rescinds any cancellation of oil and gas leases in the Arctic National Wildlife Refuge. Trump orders the federal agencies to issue all permits, right-of-way permits, and easements necessary for the exploration, development, and production of oil and gas from leases within the Arctic National Wildlife Refuge;

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Musk ox on the coastal plain of the Arctic Wildlife Refuge in the area proposed for oil development. Photo George Wuerthner

However, Trump’s order goes well beyond the Arctic Refuge. He also wants to negate any protection for Coastal Plaine oil and gas leasing.

Cottongrass on the Coastal Plain near the Arctic Ocean where oil and gas leasing is proposed, Arctic National Wildlife Refuge, Alaska. Photo George Wuerthner

Trump also wants to expand oil development on the National Petroleum Reserve and to eliminate any special protected areas within the reserve.

Many Alaskan natives support the oil development proposals and other resource extraction in the state.

ROADS THROUGH WILDLANDS

Narvik Lake at the headwaters of the Kobuk River near the proposed route of the Ambler Road. Photo George Wuerthner

AMBLER ROAD ACROSS SOUTHERN BROOKS RANGE

Trump also ordered the BLM to approve the Ambler Road corridor, which the BLM under Biden had rejected. This road would travel from the pipeline haul road (Dalton Highway) across the southern edge of the Brooks Range to access large copper deposits owned by Native Corporations in the headwaters of the Kobuk River.

Arregetch Peaks, Gates of the Arctic National Park. The Ambler Road, if built, would cross a portion of the national park. Photo George Wuerthner

The proposed road would cross the Gates of the Arctic NP and a number of Wild and Scenic Rivers. If the road is constructed, many fear this new access will increase the economic viability of other lands for potential mining and potential oil development.

IZEMBEK NATIONAL WILDLIFE ROAD THROUGH WILDERNESS

King Cove, Alaskan Peninsula.

Trump orders that the proposed road across designated wilderness in the Izembek NWR be permitted to go forward. This road was opposed by the Obama and Clinton administrations, as well as Jimmy Carter who was President when the original Izembek Refuge was established.

The Izembek Refuge is located on the Alaskan Peninsula and is a critical migratory route for many waterfowl.

Native people in the village of King Cove desire land access to the Cold Bay airstrip, providing year-round air travel.

If permitted to stand, any Sec. of Interior could authorize a road through designated wilderness. A proposed gold mine by Cook Inlet Native Corporation in Lake Clark National Park would require road access that Trump’s Sec. of Interior could grant if the Izembek road is authorized.

This proposal negates the Wilderness Act and has much larger implications than this single road.

Black Brant, one of the many waterfowl species dependent on Izembek’s lagoons. Photo FWS

During the first Trump administration, the road proposal was approved, The Biden Administration under Sec of Interior Haaland also approved of the road, likely because Aleuts in King Cove also supported the road.

If the road is allowed to go forward across designated wilderness, then any Sec. of Interior could approve roads across any designated wilderness.

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HUNTING AND TRAPPING

To its credit, the Biden administration tried to alter the worse hunting and trapping behavior permitted in National Park Preserves. While hunting and trapping are permitted in national preserves, the Biden ban outlawed baiting bears, killing wolf pups in dens, and shooting swimming caribou that were crossing rivers.

The Biden Administration proposed a ban on killing wolf pups and bear baiting, among other restrictions on hunting and trapping in Alaska National Park Preserves. The Trump administration seeks to reverse that decision. Photo George Wuerthner

These restrictions were opposed by many Alaskans, including the Alaska Federal of Natives, who claimed such a ban interfered with their traditional subsistence activities.

Shooting caribou swimming in rivers will again be legal due to Trump’s Executive Order. Photo George Wuerthner

Trump directs the National Park Service to rescind these rules.

Another provision of the Executive Order directs federal agencies to make all federal lands where hunting and trapping occur consistent with state land rules.

Trump’s new rules permit hunting and trapping of wolves along the border of Denali National Park. Photo George Wuerthner

For instance, there has been legal debate over wolf trapping along the border of Denali National Park, with the NPS arguing that wolves should be protected while the state argues that wolf trapping is legal.

NAVIGABLE WATERWAYS

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Trump ordered that the control of waterways, even in nationally protected lands like national parks or on Wild and Scenic Rivers, be “restored” to state authority.

The mouth of the Nation River in the Yukon Charley National Preserve, where conflict over the use of a hovercraft for moose hunting, has led to a debate over whether the state or national park service controls waterways in national park units. Photo George Wuerthner

This issue stems from a lawsuit about who controls “submerged lands” across Alaska. It stems from a lawsuit filed in 2007 dealing with a hunter who used a hovercraft to hunt moose on the Nation River.

Placer mining pollutes North Fork Birch Creek Wild and Scenic River Steese Mountains National Conservation Area Alaska George Wuerthner

The NPS bans hovercraft in the National Preserve. The state argues that it should control uses on these lands, including mining, use of motorized access, and other related issues.

ROADLESS LANDS

The Trump Executive Order places a “temporary moratorium on all activities and privileges authorized by the final rule and record of decision entitled “Special Areas; Roadless Area Conservation; National Forest System Lands in Alaska.”

The carbon-rich old-growth forests of the Tongass NF AK will be opened for more logging under the Trump administration. Photo George Wuerthner

This would reverse a restriction on logging and roadbuilding in Alaskan roadless lands implemented by the Biden administration in 2023 and reinstate the rule opening up these lands to development enacted during the first Trump administration.

It primarily affects the Tongass and Chugach National Forests in Alaska, which hold substantial amounts of carbon in old-growth forests and where there are substantial roadless lands that would qualify for wilderness designation.

The roadless lands of the Tongass National Forest are under renewed threat from development. Photo George Wuerthner

The rest of the order has language exhorting federal agencies to avoid impeding or hindering any development in Alaska.

No doubt, lawsuits will be filed to stop or slow the implementation of these rules, and we can hope future administrations will recognize the value of Alaska’s wildlands.

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The Canning River in the Arctic National Wildlife Refuge where new oil development may occur. Photo George Wuerthner

In some cases, economic considerations may thwart Trump’s agenda. For example, several oil lease sales were authorized on the coastal plain of the Arctic Wildlife Refuge in 2024, but there were no bids.

Mansfield Peninsula, Admiralty Island, Tongass NF, AK Photo George Wuerthner

The same is true for logging operations on the Tongass National Forest. Without federal subsidies, the cost of road construction is exorbitant, and the value of the timber doesn’t cover these costs.

Alaska’s wildlands are under assault from the Trump administration. Legal strategies can protect these lands from Trump’s vengeance. Alaska Range along Denali Highway, Alaska. Photo George Wuerthner

Nevertheless, I suspect Trump would argue expanding resource exploitation in Alaska is in the national interest, and if subsidies are necessary to implement resource extraction, his administration will find a way to fund it.



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As crackdown begins under Trump, Alaska advocates educate local immigrants on legal rights

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As crackdown begins under Trump, Alaska advocates educate local immigrants on legal rights


Anchorage attorneys and advocates are preparing local immigrants without citizenship for a Trump administration that, in its first few hours on Monday, pushed ahead sweeping actions on immigration.

Under former President Joe Biden, immigration surged to its highest in American history, averaging about 2 million people per year, according to the Congressional Budget Office. In an executive order on Monday, President Donald Trump declared a national emergency at the southern border to address what the order called a “catastrophic immigration crisis.”

“There’s a lot of fear,” said Anchorage immigration attorney Lara Nations. “Having information is powerful, and empowers people take control of their own life, and helps address some of the fear.”

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Local advocates say they have set out to meet what they say is a profound need among immigrant communities: the need for information.

In Alaska, about 8% of the state’s total population is foreign-born — close to 60,000 people, according to 2023 Census Bureau statistics. That population includes people with a wide range of statuses, including those who reside in the U.S. both lawfully and unlawfully. It includes: those who have become citizens through naturalization, green-card holders on a path to citizenship, a variety of visa holders, those with temporary protected status, refugees and asylees who have fled war or persecution in their home nations, and those without documentation, according to the Census Bureau.

Some of those immigrants may be vulnerable to deportation in an administration that’s proven unfriendly to them, said American Civil Liberties Union of Alaska executive director Mara Kimmel, referencing Haitian immigrants with legal status in Springfield, Ohio, who Trump has repeatedly called “illegal” and whose status he’s threatened to revoke.

But it’s hard to say exactly who will be at risk of deportation, or how many, she said.

That’s, in part, because it’s unclear which populations the Trump administration is prioritizing taking action against.

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Trump campaigned on the mass deportation of millions of unauthorized immigrants.

But many of the people without permanent status in the United States have permission to be here, said Nations.

That includes 2.5 million asylum-seekers awaiting their claims, hundreds of thousands of people granted humanitarian parole from countries like Cuba, Haiti, Nicaragua, Venezuela, Ukraine and Afghanistan, and the half-million undocumented people brought to the U.S. as children who are protected under an Obama-era law, according to the Pew Research Center and National Immigration Forum.

Also, it’s not clear whether some of the new policies will survive the courts. On his first day in office, Trump signed an executive order to end birthright citizenship in a move that’s already been challenged in federal court, then blocked by a federal judge on Thursday. In a statement this week, Alaska Attorney General Treg Taylor said he didn’t have a position on whether Alaska may defend or oppose the order, but said that “it is important to address the crisis at the border and stem the tide of illegal immigration.”

“The truth is, we just don’t know (what will happen),” Kimmel said of immigration under the new presidency. “And so my big message in all of this is, if people are prepared and know their rights, that’s their best defense.”

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Since December, the ACLU of Alaska has provided advice and information at two information sessions aimed at different populations in the state. In December, the group was invited to present on knowing your rights as a non-citizen for a Pacific Islander audience at an Anchorage gathering. Last week, Kimmel and her staff gave the same presentation to a different group in Anchorage, in partnership with Spanish-speaking immigration attorneys Lara Nation and Nicolás Olano of Nations Law Group to the Latino community.

The idea was to give noncitizens practical advice about how to interact with local police and immigration police, should enforcement crackdowns become more commonplace, said Olano, a U.S. citizen who immigrated from Colombia in 1999.

Attorneys advised attendees on how to respond to escalating scenarios, ranging from routine traffic stops, to an immigration police officer showing up at your door or place of work, to an arrest. ACLU recorded the event and plans to send to Latino communities throughout the state.

The purpose is to help people “realize how immigration police (can) approach them, on a practical level, without making it so abstract,” Olano said. “Like, ‘hey, (they could) show up at your house. They (could) stop you when you’re leaving your house, so they avoid the issues of needing a warrant to get in there.’ I think that we gave practical tools to people to know what to expect, and also how to protect their rights.”

If noncitizens can take one piece of advice on exercising their civil rights, Olano said, it’s this:

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“Just be quiet and ask for a lawyer,” he said.

Nations advises undocumented or under-documented people contact an immigration attorney to get “accurate immigration advice … about their specific situation.”

The U.S. Constitution affords noncitizens, including undocumented immigrants, virtually the same rights as citizens, Olano said. That includes the right to due process, the right to remain silent, and the right to be free from unreasonable search and seizure, according to the ACLU.

State police cannot ask a person for their immigration status in Alaska, but the same is not true for federal agents such as Customs and Border Protection at an airport or a border crossing, or Immigration and Customs Enforcement officers.

“That doesn’t mean that you have to answer them,” Olano said. “They can ask you…and you can say, ‘I’m not talking without a lawyer.’”

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In all scenarios, attorneys advise people dealing with any law enforcement officer or federal agent to remain calm and polite, and not to run away, lie, or give false documents.

They are also suggesting that families make emergency plans for themselves, and particularly their children, in the event a parent is detained, arrested, or deported.

A longtime advocate for the Latino community, Lina Mariscol, stressed the importance of emergency plans in that situation, including child care and power of attorney for children.

“Better safe than sorry,” said Mariscol, who immigrated from Mexico in 1983, and served as the honorary consulate of Mexico in Anchorage from 2000 through 2007 (the Mexican consulate in Anchorage closed in 2015). “It’s kind of like an advance directive. If you need it right now, it’s already too late.”

In an emailed statement this week, Alaska Republican U.S. Sen. Dan Sullivan said he supported the president’s declaration of a national emergency at the southern border, and emphasized a need for legal migration.

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Fellow Alaska Republican U.S. Sen. Lisa Murkowski in a Thursday interview said that while some of Trump’s new orders are “sending out a message…a very clear message, about where they wish to head on certain policies…the details of implementation of them are not clearly articulated.” In regards to birthright citizenship, Murkowski said the 14th amendment has “a long history, decades and decades, where that has been respected.”

Alaska Republican U.S. Rep. Nick Begich did not respond to requests for comment.

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Weather, avalanche mitigation impacts roads across Alaska

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Weather, avalanche mitigation impacts roads across Alaska


ANCHORAGE, Alaska (KTUU) – Weather conditions impacted roads all across the state Saturday.

According to Alaska 511, some of the areas most difficult to drive in are around Cantwell, in the Fairbanks area, and North into the Dalton and Elliott highways.

Roads in Anchorage were wet and full of puddles.

And part of Hatcher Pass Road was closed Saturday.

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The Department of Transportation (DOT) said online that Hatcher Pass Road is now closed just north of the Skeetawk entrance. That’s around mile 10.8.

DOT said there was an avalanche Friday that crossed the road around mile 15. DOT plans to assess the road closure daily.

People could still get to Skeetawk Saturday, but the ski area posted online that it was closed because of the weather.

And Sunday, drivers along the Seward Highway can expect delays while DOT works on avalanche mitigation work in two sections.

One stretch will be from milepost 37 to milepost 38 from 1 p.m. to 4 p.m. Sunday. That’s near the Seward Highway and Sterling Highway wye.

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The other area is from milepost 95 to 100 from 9:00 a.m. to noon Sunday. That’s between Girdwood and Anchorage.

See a spelling or grammar error? Report it to web@ktuu.com



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