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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 Senate committee advances draft capital budget, boosting funds for school maintenance

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Alaska Senate committee advances draft capital budget, boosting funds for school maintenance


The Alaska Senate Finance committee advanced a draft capital budget on Tuesday that would put nearly $250 million toward state facilities and maintenance projects next year.

The draft budget adds $88 million to Gov. Mike Dunleavy’s proposed capital budget of $159 million, with the largest additions going toward K-12 schools and university facilities maintenance.

That was a focused effort by the finance committee, said co-chair Sen. Bert Stedman, R-Sitka, who called funding for education facilities maintenance a “heavy concentration” on Wednesday.

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Earlier this year, students and school officials testified to lawmakers that decades of deferred maintenance has reached crisis levels — with many rural school districts in particular grappling with deteriorating facilities, failing water and sewer systems — which they say is degrading student and staff morale. Lawmakers have expressed support and increased funding in recent years, but point to Gov. Mike Dunleavy’s history of vetoes as a roadblock for funding education.

The Senate draft includes $57.8 million in additional funding toward K-12 school maintenance through the Alaska Department of Education and Early Development and $17 million toward the University of Alaska. It also includes $5.7 million for the Alaska Court System’s facilities and $8 million for community infrastructure and workforce development programs through the Alaska Department of Commerce, Community, and Economic Development.

The Legislature relies on state ranked lists to prioritize where to direct funding to capital projects for K-12 schools, the university system and the court system.

For K-12 schools, the state’s current major maintenance list totals over $400 million needed for 103 school projects and repairs. Stedman said he recognized this year’s capital budget will only fund a fraction of those.

“Hopefully we get a quarter of it done, or something like that, but it’d be nice to retire the entire list,” Stedman said.

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The draft budget would fund the top 15 school projects on the list, plus funds for three other schools in need of emergency fuel tank repairs. The top projects range from roof and boiler replacements to septic systems, fire suppression and safety upgrades in schools from Fairbanks to the Aleutian Islands.

In order to distribute funds more widely, members of the finance committee reduced funding for one project in Galena, in the Western Interior of Alaska, from roughly $35 million to $5 million for renovations to the Sydney C. Huntington Elementary and High Schools. They also allocated $17 million towards rebuilding the school in Stebbins in Western Alaska, after it burned down in 2024.

The Senate draft also adds nearly $14 million in funding for the state-run Mt. Edgecumbe High School, which has been the focus of public attention and concern after a quarter of students disenrolled this year. The additional facilities dollars include $10 million to remodel the dining hall, $3.1 million to replace dorm windows, $460,000 to replace dorm furniture, $50,000 to replace mattresses and $125,000 to replace aging laundry machines.

Finance members added $17 million to fund the top nine projects across the University of Alaska system — three projects each within the three major campuses.

Sen. Jesse Kiehl, D-Juneau, serves on the finance committee and his district includes University of Alaska Southeast. He described the proposed funds as a “nickel” compared to the “colossal” deferred maintenance needs of the university system.

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“That’s been built by Legislatures and Boards of Regents for 40 years,” he said on Wednesday, adding that it is a shared responsibility to put funding towards repairs and upgrades.

“The Constitution makes them a separate body within the executive branch that puts a lot of responsibility on them, too, more than the general state government,” he said “So university major maintenance is its own huge problem.”

The draft budget also includes $5.7 million for upgrades to state court facilities, mostly targeted to Anchorage and Sitka. It contains nearly $10 million for workforce development programs geared at the construction and oil and gas sectors, including for the Fairbanks Pipeline Training Center and Alaska Vocational Technical Center in Seward.

An amendment to add $25 million to the draft budget for the Port of Anchorage, sponsored by Sen. Kelly Merrick, R-Eagle River, was voted down on Tuesday by a 5 to 2 vote.

Before voting against the proposal, finance co-chair Sen. Lyman Hoffman, D-Bethel, said during committee deliberations the priority this year is to fund as many school maintenance projects on the list as possible, saying “schools are falling apart” and must be maintained to prevent further deterioration.

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“Students that are trying to learn deserve better,” Hoffman said. “And if we are not able to provide this major maintenance, we are going to see these schools continue to crumble, and the financial burden to the state of Alaska will be hundreds of millions of dollars to rebuild schools.”

More funding for school maintenance and other capital projects could be added by the Alaska House of Representatives, who will take up the draft budget bill after it’s approved by the Senate in the coming weeks.



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Bear injures two US soldiers during military training in Alaska | The Jerusalem Post

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Bear injures two US soldiers during military training in Alaska | The Jerusalem Post


Two US soldiers were wounded by a brown bear during a training exercise in Alaska on Thursday, the US Army stated.

Anchorage Daily News reported that the soldiers were from the 11th Airborne Division, and that the exercise had been a “land navigation training event” near Joint Base Elmendorf-Richardson.

State wildlife officials said that the bear attack seemed to be a defensive one, from a bear which had recently emerged from its den. Staff members from the Alaska Department of Fish and Game collected evidence at the scene in an attempt to learn more about the bear, such as its species and gender.

“The incident is currently under investigation, and we are working closely with installation authorities and local wildlife officials to gather all relevant information and ensure the safety of all personnel in the area,” the 11th Airborne Division said in a statement, reported ABC News.

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ABC News also cited an 11th Airborne Division spokesperson, Lt.-Col. Jo Nederhoed, who said that the two soldiers had been seriously wounded, but were receiving care at a hospital in Anchorage, and had shown improvement by Saturday morning.

“We hope both individuals have a full and quick recovery, and our thoughts are with them during this time,” Fish and Game Regional Supervisor Cyndi Wardlow said in a statement reported by Anchorage Daily News. “In this case, having bear spray with them in the field may have saved their lives.” 

Both of the soldiers reportedly had and used bear spray during the attack.

The bear’s condition and whereabouts are currently unknown.





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Travel prices are going up, up and away. Here’s what to watch.

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Travel prices are going up, up and away. Here’s what to watch.


Up, up and away … that’s where most travel prices are going.

It’s true. Not only are our nation’s geopolitical thrusts in the Mideast affecting the cost of your fill-ups, every component of your trip from airfares to car rentals and hotel stays are subject to price hikes.

Imagine filling up a jetliner with jet fuel that’s doubled in price. It’s enough to melt your credit card, regardless of the number of points you get for every dollar spent!

Because the price of oil affects everything, higher prices are eating away at your travel budget in many ways.

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Bag fees

There’s lots of press on this. All airlines are increasing their checked-bag fees because of the jump in fuel prices.

Back in 2009, Alaska Airlines instituted a $15 fee for the first checked bag and $25 for the second bag. At the time, there was no charge for the first bag and a second bag was $25.

Last week, Alaska Airlines, along with other major airlines, increased its fees to $45 for the first checked bag and $55 for the second bag. Delta Air Lines charges the same.

Even if the cost of oil comes down, I don’t expect bag fees will ever be reduced.

Travelers who live in Alaska are somewhat insulated from the new hikes because both Delta and Alaska Airlines offer two free checked bags, with conditions:

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1. Alaska offers two free checked bags for travelers flying to or from Alaska who are enrolled in Club 49. This does not affect other flights on Alaska. Separately, ATMOS credit card holders can get a free checked bag. Also, elite members of the ATMOS scheme get one or two free checked bags systemwide.

2. Delta offers two free checked bags for travelers flying to or from Alaska who are SkyMiles members who live in Alaska. Again, this does not apply to other Delta flights. Separately, Delta American Express cardholders can get a free checked bag.

3. Elite-level travelers with the oneworld airline cartel, including Alaska Airlines, can get one or two checked bags on American, British Airways, Japan Airlines, Qantas or other oneworld carriers.

[Anchorage’s international airport rolls out self-driving wheelchairs]

Main Cabin vs. Basic Economy

The spread between the lowest available price, Basic Economy, and a more flexible ticket, Main Cabin, has increased. While the difference used to be $20-$30 each way when the Basic Economy scheme was introduced in 2018, the round-trip upcharge now can exceed $100.

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For example, the lowest Basic fare to Portland is $337 round-trip on Alaska Airlines. The upcharge to Main Cabin, with full loyalty points, pre-assigned seats and more flexibility on changes and cancellations, is $447, a 33% upcharge.

This trend is not specifically attributable to the new Iran War. It’s just a cost that continues to rise.

New fees

I’m impressed at the creativity of airline people who dream up new fees. Here are some of my favorites from Alaska Airlines:

1. Phone reservations: $15

2. Partner award booking fee: $12.50

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3. Pet travel fee: $100 in the cabin, $200 in the baggage compartment with a kennel

4. Left on board item return fee: $20

On Condor Airlines, operating the only nonstop service from Anchorage to Europe, travelers can choose from four different bundles in economy class. The least-expensive, Economy Zero, from $840 round-trip, features fees for travelers:

1. Carry-on bag fee, up to 8kg: $35; a small bag like a purse always is included for free

2. Checked bag: $75

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3. Airport check-in: $30

All three of these fees are included in the next-highest fare bucket, Economy Classic, from $900 round-trip. It’s cheaper to buy the bundle than it is to buy the components a la carte. Seat assignments are additional, from $25 for economy.

Airfares on the rise

There are a few good deals available for travel to select West Coast/Intermountain destinations in May, including:

1. Anchorage-San Francisco on Alaska Airlines, from $307 round-trip. Fly May 15-28 only. Add $90 round-trip for Main cabin.

2. Anchorage-Los Angeles on Alaska Airlines, from $317 round-trip. May 15-25 only. Add $90 round-trip for Main.

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3. Anchorage-Phoenix on United, Delta or Alaska, from $267-$287 round-trip. Fly May 8-June 9 only. Add $90-$100 for Main.

4. Anchorage-Denver $357 round-trip on Delta. Fly May 8-June 9 only. Add $90 round-trip for Main.

For travel to other destinations, or later in the summer, be prepared to pay more.

Flying to Hawaii? Alaska Air’s nonstop prices out at $706 round-trip between May 30 and June 6. Add $110 round-trip for Main.

Nonstop flights from Anchorage to Salt Lake City start at $669 round-trip with Delta on May 17. That’s $100 more than the cost for the same flights last month. Add $90 more for Main.

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Hotel costs continue to rise, accompanied by pesky resort fees.

The Outrigger on the Beach in Waikiki is a very nice beachfront hotel. It’s not plush, or the nicest property. But it’s solid. The cost is $334 per night.

But there’s more: a $50 per night resort fee, plus a variety of taxes and charges, totaling $112.55 per night.

Down in Seattle, the Sound Hotel in the Belltown neighborhood is marketed by Hilton. The discounted rate for “Honors” members — it’s free to join — is $313.34 per night for a king room in late May. Taxes and fees add an extra $56.40 per night.

There’s no appreciable bump yet for hotel rates as a result of the oil price surge. Yet. But if these hotel rates seem high, they’re in line with hotel rates in Anchorage this summer. At the Sheraton in Anchorage in June, it’s $450 per night, plus $54 in taxes and fees, when booked at Expedia.

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Car rentals are not cheap

My go-to site for car rentals is the Costco site, which compares major brands and automatically includes Costco discounts.

In Las Vegas, for a one-day rental in May, Budget charges $67 per day, which includes taxes and fees of $22.77. In Anchorage, the same kind of car, medium SUV, costs $92.97 with Alamo.

The biggest differences so far in car rental rates seems to be the bill you’ll pay when you fill up the tank before returning. There’s no appreciable jump in prices because of the new war.

When it comes to making travel arrangements for the spring and summer, it’s more risky making completely non-refundable arrangements.

I made the decision to purchase most of my summer travel plans in advance, but only after determining I would not need to change the dates. Particularly with airline tickets, it’s expensive to change your dates.

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There’s lots of uncertainty regarding travel arrangements, particularly international travel. As fuel prices go up due to oil shortages, travel companies will look for ways to recoup the increased costs. In most cases, those higher costs will be borne by travelers.





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