Connect with us

Alaska

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

Published

on

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? 

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.



Source link

Advertisement

Alaska

Backcountry avalanche warning issued for much of Southcentral Alaska

Published

on

Backcountry avalanche warning issued for much of Southcentral Alaska


High avalanche danger in the mountains around much of Southcentral Alaska prompted officials to issue a backcountry avalanche warning Saturday for areas from Anchorage to Seward.

The Chugach National Forest Avalanche Information Center said that a combination of heavy snowfall, strong winds and low-elevation rain Saturday “will overload a weak snowpack, creating widespread areas of unstable snow.”

The warning is in effect from 6 a.m. Saturday to 6 a.m. Sunday.

Human-triggered and natural slides are likely, and avalanche debris may run long distances into the bottoms of valleys and other lower-angle terrain, the center said.

Advertisement

In Saturday’s avalanche forecast, which noted high avalanche danger at all elevations in the Turnagain Pass and Girdwood areas, the center said avalanches were likely to fail on weak layers about 1.5 to 3 feet deep.

Forecasters recommended that people avoid traveling in avalanche terrain, staying clear of slopes steeper than 30 degrees.

“Avalanche conditions will remain very dangerous immediately after the snow finishes,” the avalanche center said in its warning.

The center also said conditions may cause roofs to shed snow, and urged that people watch for overhead hazards, use care in choosing where to park vehicles and watch out for children and pets.

Areas covered under the backcountry avalanche warning include the mountains around Anchorage, Girdwood, Portage, Turnagain Pass, Lost Lake and Seward.

Advertisement

Farther north, the Hatcher Pass Avalanche Center in its forecast Saturday said danger was considerable at upper elevations and moderate at middle elevations.

Snowfall in Anchorage and Mat-Su

A winter weather advisory remained in effect until 9 a.m. Sunday from Anchorage up to the lower Matanuska Valley, including the cities of Eagle River, Palmer and Wasilla.

The National Weather Service said total accumulations of 4 to 8 inches of snow were possible, with localized areas potentially receiving up to a foot of snow.

The snowfall was expected to peak Saturday evening before tapering off Sunday morning, the weather service said.





Source link

Advertisement
Continue Reading

Alaska

In US Supreme Court case over which absentee ballots count, Alaska doesn’t pick a side

Published

on

In US Supreme Court case over which absentee ballots count, Alaska doesn’t pick a side


Ballot envelopes from the special primary election for Alaska’s lone U.S. House seat are prepared to be opened at the State Division of Elections Region II office in Anchorage on June 13, 2022. (Bill Roth / ADN)

Alaska’s appointed attorney general on Friday filed a friends of the court brief in a case before the U.S. Supreme Court involving whether absentee ballots that arrive after Election Day can be counted.

The filing does not side with either party in the case, which arose in Mississippi.

Instead, it informs the court of the logistical hurdles in Alaska — far-flung villages, lack of roads and severe weather — that make it difficult to receive absentee ballots by Election Day.

Alaska, like roughly half the other states in the U.S., allows some ballots cast by Election Day to be received later, the brief says.

Advertisement

The case, Watson v. Republican National Committee, challenges a law in Mississippi that allows absentee ballots received shortly after Election Day to count if they are postmarked by Election Day.

The Republican National Committee, the Mississippi Republican Party, the Libertarian Party of Mississippi and a Mississippi voter challenged the law in 2024. They argue that under federal law, ballots must received by state officials by Election Day to be counted.

The case could have national implications by influencing midterm elections, and comes amid baseless assertions from President Donald Trump that mail-in voting results in “MASSIVE VOTER FRAUD.”

The Alaska brief was filed by Jenna Lorence, the first Alaska solicitor general after Attorney General Stephen Cox created the role and appointed the Indiana attorney in October to fill it.

The 14-page brief says it does not support either party in the case.

Advertisement

The state’s impartiality drew criticism from an elections attorney, Scott Kendall, one of the main architects of the state’s ranked choice voting and open primary system.

“If you’re going to file something, take a position in favor of Alaska’s laws because they’re there for a very good reason,” Kendall said.

If the U.S. Supreme Court strikes down the law in Mississippi, that could lead to the disenfranchisement of many Alaska voters whose ballots arrive after Election Day, he said.

“Thousands upon thousands of Alaskans, through no fault of their own, wouldn’t be able to vote, and that’s not the democracy I signed up for,” Kendall said.

Under Alaska law, absentee ballots sent in state are counted if they are received “by the close of business on the 10th day after the election,” the filing says. Ballots from overseas must be received by the 15th day after the election.

Advertisement

Asked why the solicitor general did not take a position defending Alaska’s law or siding with either party, the Department of Law said in a statement emailed by spokesperson Sam Curtis:

“The State is committed to providing fair elections for Alaskans and will do so whatever rule the Court adopts. Alaska has previously filed these factual briefs to ensure courts understand the State’s unique perspective. Here, we wanted to ensure the Supreme Court knew how circumstances in Alaska make rules that might be simple in Mississippi more complicated in our State. We’re asking for clarity, so the Division of Elections and Alaska voters have straightforward rules to apply in the 2026 election.”

The filing notes that most Alaska communities are hard to reach.

“With over 80 percent of Alaskan communities off the road system, and extreme weather making access by boat or plane unreliable during certain months, including November, Alaska’s Division of Elections will continue to establish processes unlike any other State to ensure that its geography does not limit its citizens’ ability to vote,” the filing says. “Alaska asks that as this Court crafts a rule in this case, it provide clear parameters for Alaska to apply.”

The filing provides examples of how determining when a ballot was “received” by the Division of Elections is not always clearly defined, the Department of Law said.

Advertisement

In some cases, even in-person votes can struggle to reach the state elections division due to weather and geographical challenges, the filing says.

In 2024, poll workers in Atqasuk in northern Alaska tallied the votes cast on Election Day, but could not reach the elections division by phone that night.

So they “placed the ballots and tally sheets into a secure package and mailed them to the Division, who did not receive them until nine days later,” the filing says. “This exemplifies the hurdles that the Division regularly faces to receive and count votes from rural areas.”

The 5th Circuit Court of Appeals held that ballots must “be both cast by voters and received by state officials” by Election Day, the filing says.

“While that rule may invalidate laws like Mississippi’s delayed receipt deadline, what does it do in a situation like Atqasuk, where votes were cast and received by some poll workers on election day, but state officials did not receive the physical ballots or vote tallies until days later?” the filing says.

Advertisement

“Even more standardized voting situations in Alaska raise these questions,” the filing says.

“For example, when a voter casts an in-person absentee ballot in a remote area shortly before election day, the absentee voting official must send the ballot (in its unopened absentee ballot envelope) to the regional office, which may take some time,” the filing says. “Is the ballot ‘received’ the day it is turned over to the voting official? Or is it ‘received’ only once it reaches the regional office, where, for the first time, the Division evaluates eligibility before opening the envelope and counting the ballot within?”

“While it is clear when a ballot is ‘cast’ in Alaska (meaning that the vote cannot be changed), when certain ballots are actually ‘received’ is open to different interpretations, especially given the connectivity challenges for Alaska’s far-flung boroughs,” the filing says.

Alaska Lt. Gov. Nancy Dahlstrom, who oversees elections, said in a prepared statement that Alaska wants the Supreme Court “to provide clear guidance that protects election integrity while recognizing Alaska’s logistical challenges, so every eligible voter can make their voice heard.”

Cox said in the statement that Alaska wants the court to “consider how a rule that seems straightforward in some states might raise more questions in others. All we want is clarity in the rules.”

Advertisement

The filing also points out that for absentee ballots, many voters rely on the United States Postal Service.

“But unlike in other states, where mail delivery can be accomplished by simply driving to someone’s house via a continuous road system, USPS must use creative solutions to reach 82 percent of Alaskan communities,” the filing says.

In a separate matter, new guidelines from the U.S. Postal Service could also lead to votes not being counted across the U.S.

The postal service said on Dec. 24 it cannot guarantee that it will postmark ballots the same day they are put into a mailbox.





Source link

Advertisement
Continue Reading

Alaska

Multiple small avalanches release in Juneau after city issues evacuation advisory

Published

on

Multiple small avalanches release in Juneau after city issues evacuation advisory


Ezra Strong in front of the Behrends slide path on Friday, Jan. 9, 2025. (Photo by Alix Soliman/KTOO)

Two small avalanches released on a slide path of Mount Juneau, above the Behrends neighborhood, as Ezra Strong was on a walk this morning in the pouring rain. 

The city issued an evacuation advisory about an hour earlier for Juneau residents in all known slide paths downtown and along Thane Road. Strong and his wife live on Gruening Avenue with their dog. He said he’s not heeding the advisory.

“I think in part because we’re a little bit protected by a rock wall and some other things behind us, in part because we have seen slides come down before on the main slide path that didn’t even get close to us,” he said.

During an online press conference Friday morning, the City & Borough of Juneau’s new Avalanche Advisor John Bressette said that many small slides reduce the hazard by decreasing the amount of snow that could be released in a larger slide. 

Advertisement

“So it’s actually a good thing that we’re seeing smaller slides reducing the total snow load that is capable of producing an avalanche,” Bressette said. 

Some avalanches released above the Flume Trail today. The Alaska Department of Transportation and Public Facilities confirmed numerous small avalanches along Thane Road this morning. The agency expects more avalanches this evening since the forecast shows continued heavy rainfall, strong winds and warming temperatures. The closure of Thane Road could be extended multiple days. 

A slide coming off Mt. Juneau down Chop Gully above the flume in the Basin Road area on Friday, Jan. 9, 2026. (Photo by Mikko Wilson/KTOO)

Some residents of the Behrends neighborhood have evacuated to friends’ houses or Centennial Hall, the official shelter set up by the city and the American Red Cross.

Carlos Cadiente lives kitty-corner from Juneau-Douglas High School: Yadaa.at Kalé in the Behrends slide path. He evacuated at around 11:30 a.m. in one vehicle while his wife drove behind in another. At a stop sign, he told KTOO they were headed to a friend’s house just down the street. 

“We already had a go bag going and we already had the cars loaded up and ready to roll, and so we’re rolling,” Cadiente said. 

Advertisement

He said this is the first time they’ve heeded an avalanche evacuation advisory in the decades they’ve lived here. 

“It’s kind of an extreme measure, you know, extreme weather that we’ve had,” he said. “So we’re just kind of trying to be proactive and not be a problem,” he said. 

Britt Tonnessen is the community disaster program manager for the Red Cross of Alaska in Southeast. In coordination with the city, the Red Cross set up an emergency shelter at Centennial Hall downtown for residents on Friday. 

At the shelter on Friday morning, she said the Red Cross has been preparing for the last week in case of an evacuation. 

“We’ve seen multiple fatal landslides and avalanches in the past decade,” she said. “Evacuating to a congregate shelter is not people’s dream idea. It’s a safe place to go. We do the best to meet the needs and we have incredible, loving, warm volunteers to meet people.”

Advertisement

Tonnessen said that anyone from avalanche zones, as well as those who feel the load on their roof is becoming too heavy, are welcome at the shelter. 

She said they are prepared to take 150 people, and around 30 people signed in by the early afternoon

Avalanche, weather and road conditions are expected to worsen this evening.

KTOO reporter Clarise Larson contributed to this report. 



Source link

Advertisement
Continue Reading

Trending