Minutes of the Special Meeting

Denali Borough Assembly

Tri-Valley Community Center

Sugarloaf Room, Healy, Alaska

October 28, 2001

CALL TO Presiding Officer Jerry Mueller called the special meeting to order at 6:35

ORDER p.m.

ROLL CALL Assembly members present were: Sid Michaels, Jim Caswell, Teresa Hall, Carol Shields, Jerry Mueller, Jim Payne, Gerald Pollock, Scott Stowell, and Mayor Gonzales. Assembly member Teresa Usibelli was absent.

The Chair entertained a MOTION to excuse Teresa Usibelli. HALL so MOVED and SHIELDS seconded. The VOTE was unanimous.

AGENDA The Chair entertained a MOTION to approve the agenda. STOWELL so MOVED and SHIELDS seconded. The VOTE was unanimous.

1.) Ordinance 01-09, Version C, an ordinance amending Article II, section 2.02 of the Denali Borough Charter regarding redistricting. (Introduced by Assembly member Gerald Pollock)

POLLOCK stated that he is not happy with this ordinance. He stated that it was his intention that the northern boundary begin at mile post 269 and it does not.

STOWELL stated that it was his understanding that we were going to over these ordinances all together with our attorney, not each one individually.

MUELLER stated that this discussion will probably turn into that by the time the meeting is over.

MICHAELS suggested that the map become part of the ordinance itself. He also stated that this map does not reflect the original boundaries as stated in the Charter.

David Braun, Healy resident, said POLLOCK is the person who amended the ordinance during the last meeting. Braun stated that POLLOCK should be commended for trying to reapportion the Borough. He stated that since this ordinance has been introduced, the Assembly representation has changed from 2-6-1 to 3-5-1, and the boundaries have also been changed. Braun stated that this ordinance is taking the exact form of Ordinance 01-11. He stated he believes that during the last Assembly meeting Mr. MICHAELS and Mr. MUELLER bullied POLLOCK into changing his ordinance. He stated that that kind of bullying will not work with the Department of Justice. He said their actions were disingenuous.

Steve Ziegman, Healy resident, asked if according to this ordinance, Ferry is in the northern or middle district. POLLOCK said the map is incorrect, and Ferry should be in the middle district.

Braun said a lot of people in Ferry are registered to vote in the middle district.

MUELLER stated that people can vote at any polling place in the Borough.

Discussion followed.

CASWELL MOVED to amend the southern boundary to match Ordinance 01-12. SHIELDS seconded.

Discussion followed.

The roll call VOTE was unanimous.

Discussion followed.

MICHAELS MOVED to add the map as an attachment to the ordinance. HALL seconded.

Ziegman asked what the variance is with the changes. MUELLER stated that it would be approximately 12.3%.

Braun asked MUELLER how long it took him to get to the Community Center. He said the Assembly is trying to cannibalize to keep a seat in the northern district.

MUELLER said it took him a half hour, but he was stuck behind a slow truck.

Ziegman asked if it does not upset the variance, then why is Ferry not included in the middle district.

Braun stated that he thinks the intentions of the Assembly is to keep three seats in the northern district.

STOWELL stated that he pushed to have Ferry in the middle district, and asked why it is not in the middle district if it does not upset the variance.

Braun suggested having at least one seat designated at-large.

The roll call VOTE was unanimous.

RECESS The Presiding Officer called for a recess at 7:07 p.m..

RECONVENED The Presiding Officer called the meeting back to order at 7:25 p.m.

Land Technician Gail Pieknik explained that the southern boundary should not be drawn where the ordinance says, because it cuts through two census blocks and we do not know where the 44 and 14 people in those census blocks live. Administrative Clerk Amanda Nyberg reiterated Pieknik’s statements, and said the Department of Justice may not like how the boundaries are being proposed. CASWELL said he does not agree, and said the Department of Justice can call him!

MICHAELS asked the Borough Attorney how many options could be placed before the voters at the special election.

Jim Gorski, Denali Borough Attorney, stated that it is his understanding that the Assembly has to come up with one option. He quoted AS 29.20.080 (b).

CASWELL stated that if the Assembly’s option goes to the voters and gets approved and this petition goes before the voters and it gets approved then we have two options approved by the voters. He asked then what would happen.

Gorski said the Assembly has a statutory obligation to uphold. He said the Assembly could go to court and obtain a declaratory judgement. Gorski said there are several options outlined in Alaska Statutes of how to apportion, such as by district, at-large, etc. Gorski said if there are more than two plans on the ballot then there is a possibility that the 51% majority vote requirement for passage may not happen.

Braun stated that before the Assembly can put anything on the ballot it has to go before the Department of Justice.

The Clerk stated that the pre-clearance from the Department of Justice is for the special election, not the plan.

Discussion ensued.

CASWELL stated that he is not convinced that the Assembly can only put one plan on the ballot. He asked what would prevent the Assembly from putting more than one plan on the ballot.

Gorski stated that Title 29 states that the Assembly shall provide a plan, not choices.

PAYNE asked the petitioners if they were ready to submit the petition to the Clerk for certification. Steve Ziegman, Healy resident and the petition sponsor said the petitioners hope to put their proposition on the ballot with the Assembly’s plan.

Ziegman requested Assembly comments on the proposed petition that elects the Assembly and the School board at-large.

HALL said she is not in favor of the at-large idea. She said with that method there would be enough votes in the central district to out vote the southern district. She stated that she thinks the southern district would not have representation.

Ziegman stated that he understands what HALL is saying, but he does not buy into it.

MICHAELS stated that he has talked to people in the northern district and southern district and there are very few people that think that at-large voting is a good idea. He said that type of representation is a one way street. MICHAELS said this plan may leave some people out!

John Winklmann, Healy resident, said he sees the Borough as one big district, and one big happy Borough.

Ziegman stated that our Mayor is elected at-large and both of our Mayors have come from the northern district.

CASWELL stated that the folks in Cantwell do not like the at-large voting. He said the residents of Cantwell are different than the residents in Healy. STOWELL said he is not in favor of at-large voting. He said even though Assembly members are suppose to be elected by district, they should represent the entire Borough. He said he knows it is human nature to lean more toward representing your area.

PAYNE asked who will pay the cost of a legal battle for this petition if the Borough is sued.

Gorski said that Borough has to defend their own actions. He said it can be very costly to defend a redistricting plan. Gorski said there is a section of Alaska law that could make the loser of the lawsuit pay for the winner’s attorney fees.

Dave Braun said the numbers, when the at-large method is used, can not be controlled by any one person.

STOWELL MOVED to make Ordinance 01-09 the plan that goes before the voters. The motion failed for lack of a second.

2.) Ordinance 01-12, Version B, an ordinance amending Article II, section 2.02 of the Denali Borough Charter concerning redistricting. (Introduced by Assembly member Jim Caswell)

CASWELL MOVED to change the southern boundary to match ordinance 01-09, and SHIELDS seconded. The VOTE was unanimous.

MICHAELS MOVED to make the corrected map an attachment to the ordinance. PAYNE seconded.

David Talerico, Healy resident, said the community of Healy is in the wrong place on the map.

The roll call VOTE was unanimous.

David Braun said he supports CASWELL’S idea for reapportionment.

MICHAELS encouraged the Assembly to adopt this ordinance and put it on the ballot for the special election. SHIELDS, HALL, and PAYNE agreed with MICHAELS.

MUELLER asked to step down as the Presiding Officer, and have Deputy Presiding Officer HALL take over. There were no objections. MUELLER said he is on total disagreement with the at-large voting method proponents. MUELLER stated that the only reason that he proposed his ordinance was because the Charter says if a similar ordinance is introduced at the same time as the petition, then the petition could be thrown out. MUELLER said when the Assembly reaches his proposed ordinance on this agenda he is planning to move to postpone it indefinitely.

John Winklmann, Healy resident and co-sponsor of the at-large petition, raised a point of order regarding MUELLER’S comments, and HALL said MUELLER is stating his opinion as requested by the public. Winklmann said this petition was produced because they felt like the Assembly was not doing anything about the fact that they are malapportioned. MUELLER said the Assembly was working on a plan, and the public needs to give them a chance to do their job as an elected body.

MICHAELS asked the petitioners would continue with their petition if this plan was brought to the people. Ziegman stated that he could not answer for the whole group.

PAYNE MOVED to adopt this ordinance, and SHIELDS seconded. The roll call VOTE was unanimous.

3.) Ordinance 01-12, Version B, an ordinance amending Article II, section 2.02 of the Denali Borough Charter concerning redistricting. (Introduced by Assembly member Jerry Mueller)

MUELLER MOVED to postpone indefinitely, STOWELL seconded. The roll call VOTE was unanimous.

POLLOCK MOVED to postpone indefinitely ordinance 01-09, SHIELDS seconded. The roll call VOTE was unanimous.

MUELLER MOVED postpone any action on ordinance 01-12, Version B, until the November 11, 2001 meeting, and STOWELL seconded.

Ziegman asked if this plan would have to go for the school board as well.

Gorski stated that the Mayor asked him to do some research on that issue, and the School Board does not have to mirror the Assembly regarding apportionment.

The roll call VOTE to postpone was unanimous.

ADJOURNMENT HALL declared the special meeting adjourned at 8:25 p.m.

Attest: Approved:

Date Approved: