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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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Alaska

OPINION: CDQ program and pollock fishery are essential to Western Alaska

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OPINION: CDQ program and pollock fishery are essential to Western Alaska


By Eric Deakin, Ragnar Alstrom and Michael Link

Updated: 1 hour ago Published: 1 hour ago

We work every day to support Alaska’s rural communities through the Community Development Quota (CDQ) program and have seen firsthand the lifeline the program provides to our state’s most isolated and economically vulnerable areas.

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This program is one of the most successful social justice programs in the United States, giving rural, coastal communities a stake in the success of the Bering Sea fisheries, and transferring these benefits into community investments. Our fisheries participation provides $80 million to $100 million of programs, wages and benefits into Western Alaska annually, and the full economic reach of the CDQ program is substantially larger when accounting for jobs and support services statewide.

In some communities, CDQs are the largest and only private-sector employer; the only market for small-boat fishermen; the only nonfederal funding available for critical infrastructure projects; and an essential program provider for local subsistence and commercial fishing access. There is no replacement for the CDQ program, and harm to it would come at a severe cost. As one resident framed it, CDQ is to Western Alaska communities, what oil is to Alaska.

Consistent with their statutory mandate, CDQ groups have increased their fisheries investments, and their 65 member communities are now major players in the Bering Sea. The foundation of the program is the Bering Sea pollock fishery, 30% of which is owned by CDQ groups. We invest in pollock because it remains one of the most sustainably managed fisheries in the world, backed by rigorous science, with independent observers on every vessel, ensuring that bycatch is carefully monitored and minimized.

We also invest in pollock because the industry is committed to constantly improving and responding to new challenges. We understand the impact that salmon collapses are having on culture and food security in Western Alaska communities. Working with industry partners, we have reduced chinook bycatch to historically low levels and achieved more than an 80% reduction in chum bycatch over the past three years. This is a clear demonstration that CDQ groups and industry are taking the dire salmon situation seriously, despite science that shows bycatch reductions will have very minimal, if any, positive impact on subsistence access.

The effects of recent warm summers on the Bering Sea ecosystem have been well documented by science. This has caused some species to prosper, like sablefish and Bristol Bay sockeye salmon, while others have been negatively impacted, including several species of crab and salmon. Adding to these challenges is the unregulated and growing hatchery production of chum salmon in Russia and Asia, which is competing for limited resources in the Bering Sea, and increasing management challenges.

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Attributing the current salmon crises to this fishery is misguided and could cause unnecessary harm to CDQ communities. Without the pollock fishery, we would see dramatic increases in the cost of food, fuel and other goods that are shipped to rural Alaska. We would also see the collapse of the CDQ program and all that it provides, including a wide array of projects and jobs that help keep families fed and children in school.

The challenges Alaska faces are significant, and to address them we need to collectively work together to mitigate the impacts of warming oceans on our fisheries, build resiliency in our communities and fishery management, and continue to improve practices to minimize fishing impacts. We must also recognize the vital need for the types of community investments and job opportunities that the CDQ program creates for Western Alaska and ensure these benefits are considered when talking about the Bering Sea pollock fishery.

Eric Deakin is chief executive officer of the Coastal Villages Region Fund.

Ragnar Alstrom is executive director of the Yukon Delta Fisheries Development Association.

Michael Link is president and CEO of Bristol Bay Economic Development Corp.

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The views expressed here are the writer’s and are not necessarily endorsed by the Anchorage Daily News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)adn.com. Send submissions shorter than 200 words to letters@adn.com or click here to submit via any web browser. Read our full guidelines for letters and commentaries here.





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‘Drag racing for dogs:’ Anchorage canines gather for the ‘Great Alaska Barkout’

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‘Drag racing for dogs:’ Anchorage canines gather for the ‘Great Alaska Barkout’


ANCHORAGE, Alaska (KTUU) – Alaska’s first “flyball” league held its annual “Great Alaska Barkout Flyball Tournament” on Saturday in midtown at Alyeska Canine Trainers.

Flyball is a fast-paced sport in which relay teams of four dogs and their handlers compete to cross the finish line first while carrying a tennis ball launched from a spring loaded box. Saturday’s tournament was one of several throughout the year held by “Dogs Gone Wild,” which started in 2004 as Alaska’s first flyball league.

“We have here in Alaska, we’ve got, I think it’s about 6 tournaments per year,” said competitor and handler Maija Doggett. “So you know every other month or so there will be a tournament hosted. Most of them are hosted right here at Alyeska Canine Trainers.”

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

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State of Alaska will defend its right to facilitate oil and gas development

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State of Alaska will defend its right to facilitate oil and gas development


Last week, Superior Court Judge Andrew Guidi indicated he will rule that Alaska does not have authority to permit access across its lands to facilitate oil and gas development on the North Slope.

The Alaska Dept. of Natural Resources plans to fight and appeal any final adverse ruling that undermines the state’s constitutional interests in resource development.

The Department of Natural Resources has issued a permit allowing Oil Search Alaska (OSA) to cross the Kuparuk River Unit, operated by Conoco Phillips Alaska, to develop the Pikka Unit. As described in the State’s brief to the court, “the denial of such access implicates the delay of development of millions of barrels of oil and billions of dollars of public revenues.”

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“The State of Alaska has a constitutional obligation to maximize the development of our resources,” DNR Commissioner John Boyle said on Nov. 22. “We have to confirm with the Supreme Court that we have the authority to permit access for all developers to ensure we can meet this obligation.”

Once the Superior Court issues the final judgement, Alaska will be able to file its appeal. This is expected to occur in the coming weeks.

Click here to support the Alaska Watchman.

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