Alaska

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

Published

2 years ago

May 13, 2024

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?

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.

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.

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.

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.

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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Alaska

Two Alaska State Troopers risked death in frigid waters. Now the state is recognizing their bravery.

Published

9 hours ago

December 3, 2025

Press Room

Two Alaska State Troopers risked death in frigid waters. Now the state is recognizing their bravery.

ANCHORAGE, Alaska (KTUU) – Two Alaska State Troopers were honored Tuesday for risking their lives to save people from drowning in separate incidents earlier this year, according to the Department of Public Safety.

Troopers Garrett Stephens and Nathan Hollenbeck received the Commissioner’s Commendation during a Dec. 2 ceremony at the governor’s office. Both entered frigid waters in different emergencies — one in the Mat-Su and one in Nenana — to rescue victims who were near death, officials said.

“Alaskans rely on our troopers to protect them and save them,” Gov. Mike Dunleavy said in a statement, adding the pair’s actions “showcase their dedication and commitment to our great state.”

Rescue on the Tanana River

Video from a body-worn camera on Nathan Hollenbeck’s uniform shows a Fairbanks man clinging to the side of the sea wall that lines the Tanana River.

Around 2:30 a.m. on May 29, Hollenbeck responded while on standby to a report of a man struggling on the Tanana River. He arrived within minutes of the call and found the victim about 15 feet below a steel dock, hypothermic and unable to grab onto a tow strap lowered toward him.

“He was already pale,” Hollenbeck told Alaska’s News Source in an interview in May. “He was not really responding to us talking to him, and he was obviously weak and cold.”

Hollenbeck fastened a makeshift rescue harness, called for a boat or hoist, and then climbed into the icy waters himself.

For roughly 30 minutes, he kept the man’s head above the water until a rescue boat arrived. Both were severely hypothermic and taken to the hospital.

The man survived and was released from the ICU several days later.

Teen rescued from Mat-Su lake

On June 10, Stephens responded to an urgent call about a 17-year-old boy who had gone underwater about 75 feet from the shore of a Mat-Su lake.

Stephens sprinted into the 42-degree water and swam toward the teen, encouraging him to stay conscious as he drifted in and out of awareness and vomited water, officials said.

Medics threw two life vests into the lake. Stephens put one on and swam the second to the teen, securing it before towing him back to shore with one arm while holding the teen with the other.

The teen was treated for water inhalation and severe hypothermia. Doctors later determined he likely would have died without Stephens’ intervention.

Public Safety Commissioner James Cockrell said the troopers “represent the very best of the Alaska State Troopers.”

“I am so proud to have such brave and dedicated troopers serving our state,” he said.

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Alaska

“You have to live with that the rest of your life”: a look at pedestrian deaths in Alaska

Published

21 hours ago

December 2, 2025

Press Room

“You have to live with that the rest of your life”: a look at pedestrian deaths in Alaska

ANCHORAGE, Alaska (KTUU) -While a light snow fell, Casey Schuler looked out his office window.

“I see a lot of folks, you know, running out into the street against any of the lights crossing the street there,” Schuler said. “Oftentimes, down the street itself, crossing it, not the crosswalks. But I also see people crossing at the crosswalks and drivers, more or less, kind of ignoring the pedestrian right of way.”

They were hit by people driving under the influence, or while dashing across the street dressed in black, it happened because the lighting wasn’t bright enough and road conditions were slippery. There seem to be constant near misses.

“I mean, on a daily basis, I see it,” Schuler said. “I’ve seen people actually hit.”

In the past 12 months, 15 people in Anchorage were killed in pedestrian versus vehicle collisions according to the Anchorage Police Department.

In 2023, there were six.

Across the United States, according to data compiled by the Washington Post, there’s been a surge of pedestrian deaths in the Lower 48 — from 4,302 in 2010 to 7,314 deaths in 2023.

Revealed in its “Deadliest Roads in America” report, in Albuquerque, 34 pedestrians were killed along a three-mile stretch of Central Avenue between 2010 and 2023. In Los Angeles, 33 people were killed on Western Avenue just south of downtown during that time.

Alaska state data shows 19 percent of all fatalities on Alaska’s roadways happened when someone was walking or biking. Additionally, there are Alaska-specific problems such as snowy roads, dark clothing, and drugs and alcohol.

“We continue to see a trend with drugs alcohol or a combination thereof for both pedestrians and drivers,” Chief Sean Case with APD said.

Anchorage also follows national trends of people being hit by vehicles on multi-lane roads, by impaired drivers or pedestrians and people taking risks to cross outside of the crosswalk.

Case said city roads were designed to get any driver to their destination within 15 minutes and oftentimes, drivers are going faster than the posted limit.

From where he sits, Schuler says he often thinks about the driver going down the road, not looking for any problems, who then hits and kills someone.

“I actually think of the person that is riding along, you know going about their day, not looking to cause any issues, and then, you know, a pedestrian walks out in front of them. You hit them, you know, potentially kill that person and you have to live with that the rest of your life.”

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Alaska

Ice storm in Southwest Alaska could impact schools, Halong recovery efforts

Published

1 day ago

December 2, 2025

Press Room

Ice storm in Southwest Alaska could impact schools, Halong recovery efforts

ANCHORAGE, Alaska (KTUU) – An ice storm warning in effect for the Yukon Kuskokwim delta could impact travel, schools and power, as well as recovery efforts after Typhoon Halong.

An ice storm of this size is not unusual for the region, but with three quarters of an inch of ice expected, certain preparation and safety measures may be necessary. The storm could also change school schedules, according to Director of Operations for the Lower Kuskokwim School District.

“One of the most recent ice storms we had, an ice event that happened last December, took out a transformer by our district office, and we had a heck of a time, keeping schools warm, because it was also very, very cold,” Sweet said.

Sweet said in that 2024 storm, maintenance mechanics in Bethel worked 4 hours on and 4 hours off to ensure that glycol was circulating through the heating system in order to keep schools warm.

“So, when it’s cold and when it’s icy, of course, things break, generators can go down, anything that was fragile before sometimes decides it isn’t going to work,” Sweet said. “Of course, there’s a lot of damage that can happen to people. Slipping and falling is a huge risk. Most people wear ice cleats when it’s this icy. Most elders stay home.”

While ice presents the obvious falling risk, Sweet mentioned several other reminders to keep in mind, like not pouring water on vehicles to clear ice, let someone know if you’re going out of the house, and clear stairs and walkways to prevent falling hazards.

The Lower Kuskokwim School District covers a large area, roughly the size of the state of West Virginia. So, weather conditions can be dramatically different in Bethel and outer lying villages, so decisions on school closures or delays are made on a local basis.

“They might say school’s canceled, or school’s delayed an hour, school’s canceled,” Sweet said. “Whatever the message is, they put it on Facebook, they put it out VHF, they might have a phone tree that they call. It’s very grassroots, right?”

“One thing that’s really important to note, though, is that it’s a local decision.”

The storm also has the potential to slow rebuilding efforts in the wake of Typhoon Halong.

The ice itself can make outdoor tasks challenging, or even dangerous, but Sweet said one of the broadest impacts will be travel delays. Residents are familiar with weather delays, but during the recovery process, every delayed flight impacts the recovery effort.

“In Kwig, we need to have a power supply on a plane to help with our water plant there, and there’s no way we can get that on the plane,” Sweet said. “So, folks in Kwig who are at the school trying to rebuild the community are facing a water situation there at the school that we have no way of fixing right this second. So, the real impact to this storm is that the efforts to rebuild are put on hold for a minute while people are just trying to survive, and it’s really challenging.”

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