HomeMy WebLinkAboutResolution No. 2018-59Sponsored by: Vice Mayor Navarre and Coun c il Member Pettey
CITY OF KENAI
RESOLUTION NO. 2018-59
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING BALLOT
MEASURE 1, AN ACT PROVIDING FOR THE PROTECTION OF WILD SALMON AND FISH
AND WILDLIFE HABITAT.
WHEREAS, the City of Kenai is committed to protecting fish and wildlife habitat and recognizes
that many of its residents are dependent on the annual return of salmon to the Kenai River and
other nearby rivers; and ,
WHEREAS , the City of Kenai strongly encourages science based fisheries utilization and habitat
protection efforts; and ,
WHEREAS , while Ballot Measure 1, An Act Providing for the Protection of Wild Salmon and Fish
and Wildlife Habitat is intended to strengthen protection for salmon and other fish and wildlife
habitat, it's potential impact on projects affecting the City are unclear and disputed by proponents
and opponents of the initiative ; and,
WHEREAS, it is unclear what impact Ballot Measure 1 would have on the City's number one
capital priority, the Kenai Bluff Stabilization Project, and other important infrastructure
improvements including roads and a Liquefied Natural Gas pipeline with a terminus in Nikiski;
and ,
WHEREAS , the City has spent decades and significant funds attempting to move the Kenai Bluff
Stabilization Project to fruition; and ,
WHEREAS , increased permitting requirements could delay or otherwise impact important
proposed capital projects within and affecting the City; and ,
WHEREAS , because rules and regulations required to implement the Act have not been
developed or defined, the full and true impact to the City of Kenai cannot be determined at this
time.
NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Sect ion 1 . That the Kenai City Council Opposes Ballot Measure 1, An Act Providing for the
Protection of Wild Salmon and Fish and Wildlife Habitat.
Section 2 . That this resolution takes effect immediately upon passage.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of October, 2018.
~~~A
BRIAN GABRIEL SR., MAYOR
Resolution No. 2018-59
Page 2 of 2
ATIEST:
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Vice Mayor Navarre and Council Member Pettey
DATE: October 11, 2018
SUBJECT: Resolution No. 2018-59, Opposing Ballot Measure 1
____________________________________________________________________________
While we value the vital importance of salmon and other fish and wildlife to the City of Kenai,
Ballot Measure 1, An Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat,
raises too many uncertainties that could impact the City and its future development. While the
impacts of the proposed measure could affect many capital projects, of greatest concern is the
potential cost and delays that the measure could have on the City’s Bluff Stabilization project.
This has been the City’s number one capital project for many years and the City is closer than
ever to seeing its efforts in working with the federal government bring this project to reality. This
project is already heavily regulated, and additional permitting requirements could cause further
delay and increased cost. We recognize that the impacts of Ballot Measure 1 are debated by both
sides of the issue, but without a regulatory scheme in place to implement the initiative as well as
other uncertainties as to the actual impact of the Ballot Measure, we oppose it, and request the
rest of Council support Opposing Ballot Measure 1.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: October 11, 2018
SUBJECT: Resolution No. 2018-59
____________________________________________________________________________
This memorandum takes no position on Resolution No. 2018-59, but is intended to inform Council
of steps taken to date and additional steps needed as a result of placing Resolution 2018-59 on
the Council’s agenda. Alaska Statute Chapter 13 - State Election Campaigns, governs municipal
activities related to a municipality’s attempts to influence the outcome of an initiative on the state
ballot. Two attached advisory opinions from the Alaska Public Office Commissions (APOC) clearly
show that it is APOC’s position that a resolution supporting or opposing a ballot initiative is
considered an attempt to influence the outcome of a ballot proposition. In order to conduct such
activity, an entity such as the City of Kenai must first register with APOC. Our City Clerk has
registered the City as provided in the attached form. Because the City has not taken any action
on the ballot initiative to date (this would not occur until Council acts on the Resolution before it),
the registration does not indicate any position on the Proposition by the City. This process was
confirmed with Tom Lucas, campaign coordinator for APOC.
Also, because passing a resolution is part of the City’s usual and customary performance, and
that is the only action contemplated by the Resolution, the City does not need to specifically
appropriate funds for the activity pursuant to 2 AAC 50.356 (also see attached advisory opinions.)
However, the City does need to track use of its resources taken in regards to the Resolution,
including employee time, computer usage, and cost of copies made. A report is required to be
provided to APOC within 10 days of the action taken. This report will indicate whether the City
Council’s position opposes the ballot measure (if the Resolution is passed) or is neutral (if the
Resolution fails).
BEFORE THE ALASKA PUBLIC OFFICES COMMISSION
IN RE REQUEST FOR
ADVISORY OPINION BY
SUE HULL
)
)
)
~~~~~~~~~~~-)
AO No. 14-15-CD
ORDER APPROVING ADVISORY OPINION
This is an order approving a draft advisory opinion submitted for the
Commission's consideration on October 21, 2014 .
Sue Hull sought an advisory opinion from the Commission concerning whether
the Fairbanks North Star Borough School Board may pass a resolution taking a position
on a ballot proposition and publicize that position through its usual and customary
means of announcing a resolution without an appropriation of funds for that specific
purpose. The request was made to the Commission through an email dated September
15 , 2014 to the Commission staff. The request is incorporated by reference herein.
The request for an advisory opinion was considered in accordance with AS
15 .13.374; 2 AAC 50 .826; and 2 AAC 50.840. The staff of the Commission, in
accordance with AS 15.13.374(c), prepared a draft advisory opinion dated September
18 , 2014 for the Commission to consider at its next meeting. The staffs draft is
incorporated by reference herein. It concluded that the proposed resolution may be
considered, passed and distributed through the School Board's customary means and
any costs associated to the passage and dissemination of the resolution must be
disclosed on a report to APOC. The Commission, in accordance with AS 15 .13.374(d)
and 2 AAC 50.826(c), considered the draft advisory opinion at its meeting on October
21, 2014 . The Commission heard from staff. The requester did not appear at the
meeting. The commission may only approve a draft advisory opinion if four
commissioners affirmatively vote in favor of the draft advisory opinion . AS
15.13.374(d).
The Commission by a vote of 4-0 1 approves issuance of the draft advisory
opinion. This is a final Commission decision and may be appealed to the superior court
under AS 44.62.560.
Dated: October 24, 2014
BY ORDER OF THE ALASKA PUBLIC OFFICES COMMISSION
1 Commissioners Hickerson, King, Kirk and Sanders participated in this mann er.
ADVISORY OPINION REQUEST
Number:
Requested By:
Prepared By:
Date Issued
Subject:
AO 14-15-CD
Sue Hull, Member of the Fairbanks North Star Borough School
District School Board
Thomas R. Lucas, Campaign Disclosure Coordinator, Groups
September 18, 2014
May the Fairbanks North Star Borough School Board pass a
resolution opposing Ballot Measure 2 when the funds have not
been specifically appropriated for this purpose?
Commission Decision: On October 21, 2014, the Alaska Public Offices Commission
heard and approved this advisory opinion by a vote of 4 to 0.
I. QUESTION PRESENTED
May the Fairbanks North Star Borough School Board pass a resolution taking a
position on a ballot proposition and publicize that position through its usual and
customary means of announcing a resolution without an appropriation of funds for this
specific purpose?
JI. SHORT ANSWER
Yes, the proposed resolution may be considered, passed and distributed through
the School Board's usual and customary means of considering and announcing
resolutions ; but, any costs associated with the presentation, discussion, passage and
dissemination of the resolution, must be disclosed on a report to APOC.
III. FACTS
Initiative 13PSUM, known as the act "to tax and regulate the production, sale and
use of marijuana," will be Ballot Measure 2 (BM2) in the November 2014 State General
Election. 1 The Fairbanks North Star Borough School District School Board (School
Board) will be presented with and asked to pass a proposed resolution that would oppose
the passage of this initiative .
The Advisory Opinion Request provides the following facts:
1. Ms. Hull has drafted a proposed resolution opposing Ballot Measure 2. 2
1 Exhibit 1: Initi ative Language
2 Exhibit 2: Proposed Resolution
Approved AO 14-15-C D -Hull
2. It is Ms. Hull's intent to present the proposed resolution to the School
Board and ask it to follow its normal resolution process.
3. The School Board approves resolutions on a fairly continuous basis on a
variety of issues, ranging from honoring Black History Month to support
for stationing the F-35's at Eielson AFB.
4. The School Board will not be asked to expend any funds promoting the
resolution.
IV. ANALYSIS
Under AS 15.13.145, the state and its political subdivisions (including school
districts and school boards), may only use money held by the entity to influence the
outcome of a ballot proposition if the funds have been specifically appropriated for that
purpose by a municipal ordinance or state law. 3
But, even if the entity does not have money specifically appropriated to influence
a ballot proposition election , an officer or employee of the entity may use the entity's
money to communicate about a ballot proposition if the communication is made in the
usual and customary performance of the officer's or employee's duties.4
In AO 10-10-CD (Sitka School Board), the Commission agreed with Staffs
conclusion that "it is within the usual and customary duties of a school board to discuss
matters that are of direct concern to it and its constituents at its public meetings ."5
In this case, the proposed resolution, citing specific sources , argues, among other
things, that commercializing marijuana leads to increased teen use of marijuana, that
marijuana use is harmful to the adolescent brain and that teen marijuana use has been
linked to lower academic performance. Based on these sources, the proposed resolution
has the School District going on record as being in opposition to Ballot Measure 2.
Staff concludes that a school board taking a position on something that it may
perceive as harmful to the students in its school district would fall within the usual and
customary duties of school board members and officers. 6 Thus, Staff concludes that the
School Board's members may utilize money and resources of the School District to
3 AS 15 .13.145(a)&(b).
4 2 AAC 50.356(a).
5 Exhibit 3: AO 10-10-CD at page 5.
6 Morse v Frederick, 551 U .S 393; 127 S.Ct. 2618 (2007)("Bong Hits for Jesus") The U.S . Supreme
Court has recognized that deterring drug use by schoolchildren is an "important-indeed, perhaps
compelling" interest of the state or a school.
Approved AO 14-15-CD -Hull Page 12
discuss , pass and disseminate in its customary manner the proposed resolution, subject
only to the reporting requirements of2 AAC 50.356(c).7
V. CONCLUSION
The proposed resolution may be considered, passed and distributed through the
School Board's usual and customary means of considering and announcing resolutions;
but, any costs associated with the presentation, discussion, passage and dissemination of
the resolution, must be disclosed on a report to APOC.
VI. COMMISSION DECISION
On October 21, 2014, the Alaska Public Offices Commission heard and approved
this advisory opinion by a vote of 4 to 0.
7 All costs associated with the resolution must be reported, even if de minimus. Possible costs might
include the use of school district resources such as copiers and other equipment, and the paid time of
school district employees in addition to any other costs.
Approved AO 14-15-CD -Hull Page 13
ADVISORY OPINION DECI S ION
Alaska Public Offices Commission
Advisory Opinion:
Commission Meeting Held:
Commission Action:
A0-10-10-CD-Request~d by: Sitka School Board
June 14, 2010
The Commission approved the advice in this Advisory
Opinion by a vote of _.:f_ -CJ .
The advice in this opinion applies only to the specific
activity for which the advice was requested.
SO ORDERED THIS /qtToAv of June, 2010 .
Eliza~ J. Hicker~n, Chair
Alaska Public Offices Commission
STATE OF ALASKA
Department of Administration
Alaska Public Ot6ces Commission
ADVISORY OPINION REQUEST
Number: AO 10-10-CD
SEAN PARNELL, GOVERNOR
[gj 2221 EAST NORTHERN LIGHTS, RM 128
ANCHORAGE ALASKA 99508-4149
PHONE: (907) 276-4176
FAX : (907) 276-7018
0 P.O.BOX 110222
JUNEAU, ALASKA 99811-0222
PHONE: {907) 465-4864
FAX : (907) 465-4832
Requested By: Lon Garrison on behalf of the Sitka School Board
Prepared By:
Date Issued:
Subject:
Jason Brandeis, Associate Attorney
June 4, 2010
May the Sitka School Board pass a re so lution opposing Ballot Measure 1 when
funds have not been specifically appropriated for this purpose?
QUESTIONS PRESENTED
1. May the Sitka School Board pass a resolution taking a position on a ballot proposition and
publicize that position through its usual and customary means of announcing a resolution
without an appropriation of funds for this specific purpose?
2. Does the passage and dissemination of a resolution taking a position on a ballot initiative involve
an expenditure of public funds that requires reporting to APOC?
SHORT ANSWERS
1. The resolution in question may be consi d ered, passed, and distributed through the Sitka School
Board's usual and customary means of considering and announcing a resolution without a
specific appropriation.
2. Expenditures relate.d to the passage and dissemination ofthe resolution at issue must be
disclosed on a report to APOC.
Ala ska Pub lic Offices Commission
AO 10-10-CD Page 2of18
Initiative ANC07, known as "The Alaska Anti-Co rru ption Act," will be Ballot Measure #1 ("BMl") in the
August 2010 Primary Election . The Sitka Schoo l Board ("SSB") is interested in discussing and passing a
resolution that w ould advocate against the passage of t his initiative.
In e-mai l and phone correspondence wit h APOC staff, Mr. Lon Garrison , Sitka Schoo l Board Pres id ent,
provided the following facts:
1. SSB currently has two draft proposed resolutions . One was drafted by the Association of Alaska
School Boards ("AASB"), the other was prepared by the SSB President and reviewed by t he SSB 's
attorney. Onl y one of the resolutions , or a variation thereof, woul d be adopted. The dra f t
resolutions w ere provided to APOC and are attached as exhibits 1 and 2.
2. It is SSB's intent to follow its normal resolution process with respect to the proposed re sol ution:
(1) The resolution is drafted by th e Board ; (2) The resolutio n drafted by the Board is reviewed by
the board's attorney (who is retained by the Sitka School Dis trict o n behalf of the Board ); (3) The
resolution w ill be proposed and debated at the next regular board meeti ng (J un e 8, 2010).
3. SSB publicly distributes adopted resolutions to other organ izations such as the City and Borough
Assembly, the legislature or other organizations that are associated with the topic of th e
resolution.
4. Additiona l distribution of an adopted resolution may occur by t he local media i n the co urse of it s
normal reporting of SSB activities.
5. SSB does not a ntici pate th at cons id era tion or passage of a reso l ution related to BM 1 will require
the ex pend iture of any additiona l district fund s or any time above and beyond its no rmal
practices related to resolution s.
6. There has be e n no specific appropriation for the resolution made by any state la w or municipal
ordinance.
ANA LYSIS
Under AS 15.13.145, the state and its political subdivision s (in cluding school districts and school boards)
may only use money held by the en tity to influe nce the outcome of a b allot propos ition if the mo ney
was specifically appropriated by a st at e or municipa l la w for that purpose . AS 15.13.145(a), (b). The re
are several exception s to th is r u le. Fo r ins t a nce, in the absence of a specific appropriation, an officer or
employee of a such an e ntity may u se money he ld by that e ntity t o commun icate about a ba ll ot
pro posit ion if the co mmunication1 is made in the usual or customary performan ce of the officer's or
e mployee's duties. 2 AAC 50.356(b). Ad ditio nally, suc h entities are pe r mitted to dissem in ate
1 "Communication" means an announcement or advertisement disseminated through pri nt or broadcast media,
including radio, television, cable, and satellite, the Internet, or through a mass ma iling, excluding those placed by
an individual or nongroup entity and costing $500 or less and those that do not directly or i ndirectly identify a
can didate or proposition, as that term is defined i n AS 15.13.065(c). AS 15.13.400(3 ).
Alaska Pub lic Offices Commission
AO 10-10-CD Page 3of18
nonpartisan information about ballot propositions and information about the time and place of an
election. AS 15.13.14S(c); see also AO 08-05-CD.
In t he instant matter, we are asked to determine whether a communication planned by SSB is
permitted by these la ws. SSB seeks to consider and pass a resolution opposed to BMl, and there has
been no appropriation of funds to SSB under state or municipal la w for th is purpose. In order to answer
this question we must first consider whether the resolution is intended to influence the outcome of an
election concerning a ballot proposition or if it is nonpartisan.
I n AO 08-07 -CD, the Commission considered whether an advertisement that inform ed the public that
the Menta l Health Trust received significant funds from resource extraction on Trust property wou ld be
perceived as influencing the outcome of the election on Ballot Measure 4, "An Act to Protect Alaska's
Clean Water" (07WTR3). The Commission determined that the advertisement was not, by itse lf,
influencing the outcome of an e lection based on the following factors: (1) the advertisement in
question did not mention the ballot measure; (2) it did not appear to be specifically related to the ballot
measure election; and (3) there was .no lan guage in the advertisement to suggest that the Mental Health
Trust was taking a position on the ballot measure.
Applying this criteria, the reso lution proposed by SSB is likely to be perceived as influencing the outcome
of an ele ction on a ballot proposi tion. The resolution mentions a specific ballot measure and clear ly
indicates the position SSB is taking on the ba ll ot meas ure. For example:
• "This initiative, if passed, would disenfranchise tens of thousands of Alaskans from their own
governme nt."
• "P roposition 1 blocks our ability to be involved and undermines our civic responsibility."
• "Propos ition 1 ... is misdirected and would shackle the hands of anybody who does busines s
w ith government."
o "Neither the officia l title that will appear on the August primary election ba llot, nor that us ed by
the initiative's sponsors, hints at the far-reaching consequences of the measure."
o "The Sitka School Board urges all voters to read this initiative carefully before heading to the
polls in August and consider the grave consequences such a la w co uld have on our ability to
govern and advocate at the local, state, and federa l level for our issues and needs."
Ex. 1, Ex. 2. Ind eed, SSB's opposition to the ball ot measure is the very reason for the resolution.
The SSB resolution appears intended to elicit the conclusion that voting "yes" on BM 1 will adversely
affect the public inte rest and the interests of SSB. This resolution is similar to the advertisements
con sidered in AO 08-05-CD, where the Commission found that other advertisements to be produced by
the Mental Health Trust did not constitute nonparti sa n information2 becau se they encouraged voters to
2 Nonpartisan information does not advocate a position in an election. It includes the official language of a ballot
question, or a neutral ballot summa ry . 2 AAC 50.356(c).
Alaska Public Offices Commission
AO 10-10-CD Page 4of18
consider the unintended consequence·s of voting "yes" on an initiativ e.3'
4 We therefore find that the
resolution proposed by SSB is not limited to nonpartisan information. The resolution is intended to
influence the outcome of an election concerning a ballot proposition. Thus, it is perm iss ible o nly if (1)
SSB did not spend money held by it on the resolution , or (2) SSB did spend its money, but the
communication was made by an SSB employee or officer in the usual or customary performance of the
officer's or employee's duties. AS 15.13.145(b); 2 AAC 50.356 (b).
The limitation in AS 15.13.145 is on "money held by" an entity and used to influence the outcome of a
ballot proposition election. The Commission ha s previously considered what is meant by the term
"money held," and rejected the argument that it should be narrowly construed to mean "money" as it is
defined in 2 AAC 50.450 (as "curren cy ... , checks, money orders , or negotiable instruments pa yable on
demand ."). Hancock v. Marquardt, Ca se No . 07-02 CD at 3. Rather, the meaning of "money held by" is
similar to that of "expenditure," which includes "a transfer of money or anything of value, ... for the
purpose of (iv) influencing the outcome of a ballot proposition or question." Kraft v. State of Alaska,
Dep 't of Natural Resources , Case No. 08-14-CD at 2-3 ; AS 15.13.400(6). Additionally, even de minimus,
hard-to -quantify expenditures can be considered use of money held by a pu bl ic entity to i nflue nce a
campaign. See Hancock v. Marquardt, 07-02 CD .
Based on the facts provi ded by SSB, we conclude that money held by SSB will be us ed to pass and
disseminate the proposed resolution. Copies of the re solution will be included w ith the mate ria ls
pre pared for the meeting. If the resolution pa sses, it will then be distributed and publicized , as all SSB
resolutions are . The proposed resolution w ill also be rev i ewed by the SSB attorney, w ho reviews all
proposed SSB reso lutions. Thes e are the standard procedures that SSB employs for all resolutions a nd
are in the usual and customary performance of an SSB officer's or employee's du t ie s (i.e., publicizing
everything the school board does).5
3 The draft print advertisement at issue in AO 08 -05-C D included the l anguage "[t)hat's why the Tru stees of the
Alaska Mental Health Trust are concerned Ballot Measure 4-Cl ea n Water Act will so restr ict mining i n Alaska tha t
our ability to cont inue generati ng revenue for beneficiary programs will be im pacted." The proposed TV spots
included phrases su ch as "that's why w e're concerned about Measur e 4's impact on our beneficiaries" and "that's
why we're concerned Ballot Measure 4 will impact our ability t o ra ise revenue for Trust beneficiaries." The
materials provided with that advisory opinion request also included re ferences t o "un intended consequences",
namely a reduction of assets used to fund mental health programs if mining ope r ations were restricted on Mental
Health Trust lan ds .
4 In AO 08 -05-CD, the Commission did not address whether running print and televisi on advertisements were
within the usual and cus tomary performance of the duties of the Mental Health Trust. The Commission's decis ion
rested on the fact that the com municati on at issue did not contain nonpartisan information.
5 This opinion is fa ct-s pecific. The Commission takes no position on whet her SSB w ould be permitted t o engage in
any other type of communication related to BMl other than a resolution cons i dered and passed w ithin its
customary mea ns.
Alaska Public Offices Commission
AO 10-10-CD Page 5 of 18
But consideration of the resolution also involves actions that do not necessarily involve money held by
SSB. One of the proposed resolutions was drafted by SSB President Lon Garrison , an elected unpaid
member of the school board. The other draft resolution was prepared by the Association of Alaska
Schoo l Boards ("AASB") without input from SSB .6 School Board members will discu ss the resolutions at
their next meeting. As we were in Kraft v. DNR, the Commission is concerned with the free speech
implications of a ruling that would attempt to limit what public officials could say. Kraft v. DNR,
Amended Decision and Order, Case No. 08-14-CD (Aug . 11, 2009) at 3. In Kraft we were "mindful of the
principle of law that, if pos sible, a statute should be interpreted in a way that will avo id the danger of
unconstitutionality," and that "[i]nterpreting AS 15 .13 .145 as prohibiting the Governor from expressing
her opinion on a ballot measure risks running afoul of the constitutiona l right of free speech." Id at 4-5.
According ly, we found that the Governor's press conference comment on how she would vote on a
ballot measure did not vio late AS 15.13.145.7 Id.
Similar ly, in AO 99-03-CD we determined that a pub l ic official's statement regarding a ballot proposition
does not run afoul of AS 15 .13 .145 if it was .made as part of the official's usual and customary duties:
In the case of a public official corresponding with his or her constituents about a ballot
proposition, it is difficult to distinguish between an official's intent to influence a public
vote and his or her duty to protect the public interest ...
If the act ion is part of an official's usual and custo mary duties, like responding to
const ituent inquiries or answering questions at a press conference, the presumption is
that the action is primarily inten ded to sat isfy the officials' duti es to the public and not
to influence the outcome of the election. As a res ult, the action is not cove r ed by the
campa ign disclosure law.
AO 99-03-CD; Kraft v. DNR at 4. Ba sed on these opinions, we believe it is within the usua l and
customary duties of a school board to discu ss matters tha t are of direct concern to it and its constituents
at its public meetings. It would implicate the free speec h rights of the Board an d its members to find
otherwise. SSB may therefore discuss its opposition to BMl at its meetings.
6 In AO 10-06-CD, the Commission ruled that AASB was not restricte d from distributing r esolutions adopted by
individual school boards to the AASB membersh ip and its regular customary print and electronic mailing lists . The
Commiss ion was not asked to determine whether individual school boards could then pass theses resolution s, such
as the one at issue here. The Commiss ion's opinion was limited to the questions presented.
7 The complaint in Kraft also involved an allegation that the State Department of Natural Resources ("DNR")
website violated AS 15.13.145 because it did not contain a neutral exp lanation of the ballot initiative. This issue
was resolved independently of the issue related to the Governor's speech. Kraft v. DNR, Case No. 08-14-CD, at 1.
The Commission ordered changes to the DNR webs ite because it found that the state had specifically appropriated
money to educate the public about Ballot Measure 4 and the DNR website should "provide a fair representation in
order to educate the public." Kraft v. DNR, Oral Order of August 22, 2008; see also Kraft v. DNR, Oral Order of
August 21, 2008. The Commission did not discuss whether 2 AAC 50.356(b) applied to DNR's website. In the
ins t ant matter, there was no appropriation of funds for SSB to provide public education on BMl.
Alaska Publ ic Offices Commissi on
AO 10-10-CD Page 6of18
However, unlike the situations reviewed by the Commission in AO 99-03-CD and Kraft, SSB 's planned
communication involves not just a discussion but also a de minimus expenditure and is intended to
influence the outcome of an election. We must therefore still decide whether SSB can take action
beyond discussing or considering the proposed resolution .
Concern for free speech can make it "difficult to distinguish between an official's intent to influence a
public vote and his or he r duty to protect the public interest." AO 99-03-CD . Here , the line between
them is blurred. SSB intends to influence a public vote in order to protect the interest of SSB, a public
entity. This is a unique situation that is driven by the substance of BM 1. Acco r ding to the official
summary of BMl, "This bill would ban the use of public funds for political campaigns and lobbying by
state and local government agencies, and school districts. Public funds could not be used to support or
oppose ballot measures, lobby to pass a law, or ask for public funding."8 BMl seeks to prevent the very
activity at issue in this advisory opinion request, namely the ability of a schoo l district to oppose a ballot
measure. There is no doubt that BMl directly affects SSB.
SSB is responsible for the control and direction of education in the Sitka School District. It is SSB's
responsibility to advocate for the best interests of the school board and its students. 9 Due to the
8 The full text of the official su mmary of the ballot measure is as follows:
Ballot Measure #1, 07 ANCO -Initi ative Prohibiting the Us e of Public Funds to Lobby or Cam paign:
and Prohibiting Hold ers of Government Contracts an d Fam ily Members from Making Pol itical
Contributions.
Th is bill would ba n the use of public funds for political campaigns and lobbying by state an d local
government agencies, and school districts. Public funds could not be used t o support or oppose
ballot meas ures, lobby to pass a law, or ask for public fund ing. Any entity that lobbies or
campaigns would be barred from receiving p ublic funds. It would ban p o litical co ntrib utio ns by
government co ntra ct holders and members of their families. It would ban legislators and their
staff from being employed by government contract holders for two ye ars after leaving state
service. Th e bill has criminal and civil penalties.
Should this ini tiative become law?
Ava ilable at http://www.elections .a laska.gov/ei_primary _bm .php .
9 Sitka School Boa rd Policy 90 00 a establishes the role of the Bo ard and its members. The policy states, in re le vant
pa rt:
The Bo ard is responsible for the general control and direction of education in the district and is
preempted by law . Th is broad authority sha ll be exercised in accordance with the State and Federa l
Constitutions, laws and reg ula tio ns . The Board is responsible for the general control and d ir ection of
educa tion in the district and is empow ered to carry on and fin ance any program o r activity tha t is not i n
conflict with, in co nsis tent with , o r preempted by law. This broad authority shall be exercised in
acco r dance with the State an d Federal Constitutions, la ws and reg ul ations.
Board Policy 9000a is av ailab l e at: http://www.ssd .k l2.ak.us/Bo ardPo licy/S itka9 000 .h tm l
Alaska Public Offices Commission
AO 10-10-CD Page 7of18
substance of BMl, SSB reasonably believes that if passed , the measure will interfere w ith its ability to
perform those duties. Opposing BMl is therefore within the usual and customary performance of the
duties of SSB, its officers, and its employees . SSB may communicate about this ballot proposition by
way of passing a resolution as part of its usual and customary duties consistent with 2 AAC 50.356{b).
CONCLUSION
Consideration and passage of the proposed resolution will involve activity that involves a de minim us
expenditure, does not stray from the standard procedures SSB employs to consider, pass, and distribute
resolutions, ahd is within the usual and customary performance of the of the duties of SSB, its officers,
and employees. Accordingly, SSB is permitted to consider, pass, and distribute a resolution opposed to
BMl under 2 AAC 50 .356(b) according to its customary procedures . Any expenditures related to this
proces s must be disclosed on a report of contributions or independent expenditures to APOC under AS
15.13 .040{d) and (e). 2 AAC 50 .356(d).
COMMISSION DECISION
Only the Commission has the authority to approve an advisory opin ion. 2 AAC 50 .905. The Commission
will rule on staff's proposed advice at its next regular meeting. The Commission may approve,
disapprove, or modify the proposed advice . An advisory opinion must be approved by an affirmative
vote of at least four members or it will be considered disapproved. Both staff's proposed adv ice and the
Commission 's final advisory opinion apply only to the specific facts and activity for which advice was
requested .
If you rely on staff's proposed advisory opinion in good faith and the Commission subsequently rejects
the proposed advice, staff will take no enforcement action on your activities up to that point if you acted
under the specific facts described . If you have any additional questions or would like to discuss this
proposed advice, please contact APOC staff at {907) 276-4176.
Alaska Public Offices Commission
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APPLICABLE LAWS AND REGULATIONS
Page 8of18
Sec . 15.13.040. Contributions, expenditures, and supplying of services to b~ reported. (a) [See
delayed amendment note]. Exc ept as provided in (g) and (I) of this section , each candidate shall make a
full report, upon a form prescribed by the commission,
(1) listing
(A) the date and amount of a ll expenditures made by the candidate;
(B) the total amount of all contributions, including all funds contributed by the candidate;
(C) the name , address, date, and amount contributed by each contributor; and
(D) for contributions in excess of $50 in the aggregate during a calendar year, the principal
occupation and employer of the contributor; and
(2) filed in accordance with AS 15.13.110 and certified correct by the candidate or campaign
treasurer.
(b) Each group shall make a full report upon a form prescribed by the commission, listing
(1) the name and address of each officer and director;
(2) the aggregate amount of all contributions made to it; and, for all contributions in excess of $100
in the aggregate a year, the name, address, principal occupation, and employer of the contributor, and
the date and amount contributed by each contributor; for purposes of this paragraph, "contributor"
means the true source of the funds , property, or services being contributed; and
(3) the date and amount of all contributions made by it and all expenditures made, i nc u rred, or
authorized by it.
(c) The report required under (b) of this section shall be filed in accordance with AS 15.13.110 and
shall be certified as correct by the group's treasurer.
(d) Every individua l, person, nongroup entity, or group mak ing an expenditure shall make a full
report of expenditures, upon a form prescribed by the commission , unless exempt from reportin g.
(e) The report required under (d) of this section must contain the name, address , principal
occupation, and employer of the individual filing the report, and an itemi zed list of expenditures. The
report sha ll be filed with the commission no later than 10 days after the ex penditure is made.
(f) During each year in which an election occurs, all businesses , persons, or groups that furnish any
of the follow ing services , facilities, or supplies to a candidate or group sha ll maintain a record of each
transaction : new spapers , radio , telev ision, adve rtising , advertising agency services, accounting,
billboards, printing, secretarial, public opinion polls, or research and professional campaign consultation
Alaska Public Offices Commission
AO 10-10-CD Page 9 of 18
o r management, media production or preparation, or computer services. Records of provision of
services, facilities , or supplies sha ll be available for inspection by the commission.
(g) The provisions of (a) and (I) of this section do not apply to a delegate to a constitutional
convention , a jud ge seeking judicial retention, or a candidate for election to a municipal office under AS
15.13.010. if that delegate, judge, or candidate
(1) indicates, on a form prescribed by the commission, an intent not to raise and not to expend
more than $5,000 in seek in g election to office, including both the primary and general elections;
(2) accepts contributions tota lin g not more than $5,000 in seeking election to office, including both
the primary and gene r al e le ctions; and
(3) makes expenditures totaling not more than $5,000 in seeking e lection to office, including both
the primary and general elections.
(h) The provisions of (d) of this section do not apply to one or more expenditu res made by an
individual acting independently of any group or nongroup entity and independently of any other
individua l if the expenditures
(1) cumulative ly do not exceed $500 during a calendar year; and
(2) are made on ly for billboards, signs, or printed material concerning a ballot proposition as that
term is defined by AS 15.13.065(c).
(i) The permission of the owner of real or personal property to post political signs, in cluding
bumper stickers, or to use space for an event or to store campaign-related materials is not considered to
be a contribution to a candidate under this chapter un less the owner customarily charges a fee o r
receives payment for that activity. The fact that the owner customari ly charges a fee or receives
payment for posting signs that are not political signs is not determinative of whether the owner
customarily does so for political sig ns .
·(j) Except as provided in (I) of this section, each nongroup entity shall make a full report in
accordance with AS 15.13 .11 0 upon a form prescribed by the commission and certified by the nongroup
entity's treasurer, listing
(1) the name and address of each officer and director of the nongroup entity;
(2) the aggregate amount of all contributions made to the nongroup entity for the purpose of
influencing the outcome of an e lection;
(3) for all contributions described in (2) of this subsection, the name, address, date, and amount
contributed by each contributor and, for all contributions described in (2) of this subsection in excess of
$250 in the aggregate during a calendar year, the principal occupation and employer of the contributor;
and
Alaska Public Offices Commission
AO 10-10-CD Page 10 of 18
(4) the date and amount of all contributions made by the nongroup entity, and, except as provided
for certain independent expenditures in AS 15.13.135 (a), all expenditures made, incurred, or authorized
by the nongroup entity, for the purpose of influencing the outcome of an election; a nongroup entity
shall report contributions made to a different nongroup entity for the purpose of influencing the
outcome of an election and expenditures made on behalf of a different nongroup entity for the purpose
of influencing the outcome of an election as soon as the total contributions and expenditures to that
nongroup entity for the purpose of influencing the outcome of an election reach $500 in a year and for
all subsequent contributions and expenditures to that nongroup entity in a year whenever the total
contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of
an election that have not been reported under this paragraph reach $500.
(k) Every individual, person, nongroup entity, or group contributing a total of $500 or more to a
group organized for the principal purpose of influencing the outcome of a proposition shall report the
contribution or contributions on a form prescribed by the commission not later than 30 days after the
contribution that requires the contributor to report under this subsection is made. The report must
include the name , address, principal occupation, and employer of the individual filing the report and the
amount of the contribution, as well as the total amount of contributions made to that group by that
individual, person, nongroup entity, or group during the calendar year.
(I) Notwithstanding (a), (b), and (j) of this section, for any fund-raising activity in which
contributions are in amounts or values that do not exceed $50 a person, the candidate, group, or
nongroup entity shall report contributions and expend itures and supplying of services under this
subsect ion as follows:
(1) a report under this subsection must
(A) describe the fund-raising activity;
(B) include the number of persons making contributions and the total proceeds from the activity;
(C) report al l contributions made for the fund-raising act ivity that do not exceed $50 a person in
amou nt or va lu e; if a contribution for the fund-raising activity exceeds $50, the contribution shall be
reported under (a), (b), and (j) of this section;
(2) for purposes of this subsection,
(A) "contribution " means a cash donation, a purchase such as the purchase of a ticket, the purchase
of goods or services offered for sale at a fund-raising activity, or a donation of goods or services for the
fund-raising activity;
(B) "fund-raising activity" means an activity, event, or sale of goods undertaken by a candidate ,
group, or nongroup entity in which contributions are $50 a person or les s in amount or value.
(m) [See delayed amendment note]. Information required under this chapter shall be submitted to
the commission electronically, except that the following information may be subm itted in clear and
legible black typeface or hand-printed in dark ink on paper in a format app roved by the commission or
on forms provided by the commission:
Alaska Public Offices Commission
AO 10-10-CD
(1) info rmatio n submitted by
Page 11of18
(A) a candidate for election to a boroug h or city office of mayor, membership on a boroug h
assemb ly, city council, or schoo l board, or any state office, w ho meet s the requirements of (g)(l) -(3) of
this sect ion; or
(B) a candidate for municipal office for a municipa lity with a population of less than 15,000; in this
subparag raph, "mun icipal office" means the office of an elected borou gh or city
(i) mayor; or
(ii) assemb ly, council, or sc hool board m ember;
(2) any information if the commission determ in es that circumstances warra nt an exception to the
electronic submiss ion requi rement.
(n) The commission shall print the forms to be provided under this chapter so that the front and
back of each page have the same orientation when the page is rotated on· the vertical axis of the page .
(o) Information required by this chapter that is submitted to the commission on paper and not
electronica ll y sha ll be e lectron i cally scanned and published on the Internet by the commission, in a
format access ibl e to the gener a l public, withi n two wor king days after the co mmission receives the
i nformation.
(p) For purposes of (b) and (j) of this section, "contributor" means the true source of the funds,
property, or services being contributed (§ 1 ch 76 SLA 1974; am § 13 ch 189 SLA 1975; am § 33 ch 50 SLA
1989; am § 4 ch 126 SLA 1994; am §§ 5-7 ch 48 SLA 1996; am§§ 6, 7 ch 6 SLA 1998; am § 1 ch 74 SLA
1998; am§§ 3-6 ch 1SLA2002; am§§ 1-4 ch 1TSSLA2002; am§§ 2-7 ch 108 SLA 2003; am§ 9 ch 99 SLA
2004; am §§ 1, 2 ch 155 SLA 2004; am§ 3,2006 Primary Election Ballot Measure No. 1; am §§ 6 -9 ch 47
SLA 2007; am§ 1 ch 95 SLA 2008)
Delayed amendment of subsection (a). -Until January l, 2009, subsect ion (a)
of this sectio n read s as fol lows: "(a) Excep t as provided in (g) and (I) of this section, each
can didate shall make a full report, upon a form prescribed by the commission,
"(1) listi ng
"(A) the date and amount of all expend itures made by the candidate;
"(B) the total amount of all contributions, in clud in g all funds contrib uted by the
candidate;
''(C) the name, address, date and amount contributed by each contributor; and
"(D) for contributions in excess of $250 in the aggregate during a calendar year,
the principal occupation and emp loyer of the contributor; and
"(2) filed in accordance w ith AS 15.13.110 and certified correct by the candidate
or campaign treasurer."
Delayed amendment of subsection (m). -Until January l, 2009, (m) of this
section reads as follows:
"(m) Information required under this chapter shall be subm itted to the
commission electronically, except that the following information may be submitted in
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AO 10-10-CD Page 12 of 18
clear and legible black typeface or hand -printed in dark ink on paper in a format
approved by the commission or on forms provided by the commission:
"(1) information submitted by a candidate for municipal office; in this
paragraph, "municipal office" means the office of an elected borough or city
"(A) mayor; or
"(EU assembly, council, or school board member;
"(2) any information if the commission determines th.at circumstances warrant
an exception to the electronic submission requirement;
"(3) informati on submitted by a candidate for election to state office other than
the legislature who meets the requirements of (g)(l) -(3) of this section;
."(4) information submitted before January 1, 2009, by a candidate for the
legislature."
Revisor's notes. -Subsection (n) was enacted as subsection (o). Re lettered in 2004, at which time
former subsection (n) was relettered as subsection (o). Subsection (o) was enacted as (p) and relettered
in 2007, at which time former subsection (o) was relettered as (p).
Effect of amendments . -The 1996 amendment, effective January 1, 1997, in
subsection (a), added the exception at the beginning of the first senten~e and made a
related stylistic change; in subsection (d), in paragraph (2), added "unless exempted
from reporting by (h) of this section," and inserted " or other periodicals " and made
minor stylistic changes and added subsections (g) and (h).
The first 1998 amendment, effective June 28, 1998, rewrote paragraph (d)(l)
and the second and third sentences in subsection (f).
The second 1998 amendment, effective June 4, 1998, added subsection (i).
The first 2002 amendment, effective April 16, 2002 , in subsection (b) added the
language beginning "for purposes of this paragraph" to the end of paragraph (2); in the
introductory language of subsections (d) and (h) ins erted references to nongroup
entities; added subsection (j); and made a minor stylistic change.
The second 2002 amendment, effective June 26, 2002, rewrote subsection (d);
in subsection (e) d e leted "by the contributor" following "commission" and "contribution
or" preceding "expenditure" in the second sentence a nd deleted the former third
sentence, which read "A copy of the report shall be f urnished to the candidate ,
campaign treasurer, or deputy campaign treasurer at the time the contribution is
mad e"; update d an inte rn al reference in subsection (h); and added subsect ion (k).
The 2003 amendment, effect ive September 14, 2003, rewrote sub sections (a)
and (b); in subsection (g) in serted "and (/)" in the introductory la nguage and substituted
"$5,000" for "2,500" in three places; in paragraph (h)(l) substituted "$500" for "250 "; in
subsection (j) added "Except as provided in (/) of this section," at the begi nn ing, added
t he paragraph (3) and (4) designations, and rewrote paragraph (3); and added
subsections(/), (m), and (o) [formerly (n), now (p)].
The first 2004 ame ndm ent, effective June 26, 2004, deleted "and principal
occupation of the contributor and the" following address in paragraph (j)(3), and
inserted "principal occupation and" in that paragraph.
The second 2004 amendment, effective October l , 2004, rewrote subsection
(m), and added subsection (o) [now (n)).
The 2006 amendment, effective December 17, 2006, rewrote subsection (b).
The 2007 amendment, effective Jul y 10, 2007, substituted "to a delegate to a
constitutional convention, a judge seeking judicial retention, or a cand idate for election
to a municipal office under As 15.13.010, if that delegate, j udge, or" for "if a" in the
Alaska Public Offices Commission
AO 10-10-CD Page 13 of 18
introductory langua ge of subsect ion (g), repea led and reenacted subsection (m), and
added subsection {p) [now(o )].
The 2008 amendment, effecti ve January 1, 2009, substituted "$50" for $250" in
subp ara graph {a)(l)(D).
Editor's notes. -From April 16, 2002, through June 25, 2002, t he reference in
subsection (h) to "(d) of this se ction " re ad s "to (d)(2) of this section" and su bsec tion (d)
r ea ds as follows: "{d) Every individual, person, nongroup entity, or group mak ing a
contribution or ex penditure shall make a full report, upon a form presc ribed by the
commission, of
"(1) cont r ibution s made to a candidate or group and expen ditures made on
behalf of a candidate or group
"{A) as soon as the tota l contributions an d expenditures to th at candidate or
group reaches $500 in a year; and
"(B) for all subseque nt contributions and expenditures to that cand idate or
group that have not be en reported unde r this paragraph reaches $5 00;
"(2) unless exem pted from reporting by (h) of this section, any expenditure whatsoever for advertising
in newspaper s or other periodicals, on radio, or on television; or for publication, distribution, or
circulation of brochures, flyers, or other camp aign material for any candidate or ballot propos it io n or
question."
NOTES TO DECISIONS
Constitutionality. -In the case of First Nat'I Bank v. Bell otti, 435 U.S. 765, 98 S.
Ct. 1407, 55 L. Ed . 2d 707, re he aring denied, 438 U.S. 907 , 98 S. Ct. 3126, 57 L. Ed . 2d
1150 (1978), t h e sup reme court of the United St ates has indicated in u nm istakable
terms that state disclosu re l aws pertaining to ballot issues are con stitutional. Messerli v.
State, 626 P.2d 81(Alaska1980).
When there is no showing that an i ndi vidual must rem ain ano nymous w ith
respect to advertising as to ballot propositions because of the po ss ibility of being
subject to reprisa ls, eco nomic or otherwise, the st ate campai gn disclos ure laws are not
un co nst itut ion a l as a ppli ed to a co ntributor hopin g to influence the outcome of a ballot
iss ue, beca use t he objective of an informed e lectorate is sufficiently co mpelling t o
overcome an inte r est in anonymous po li tical express ion . M esse rli v. State, 626 P.2d 81
(Alaska 1980).
Th e disclosure re quirements of t his chapte r are not unconsti t utiona lly vague or
ove rbro ad, nor do they violate the const itutio nal r ig ht of the people to privacy. VECO
l nt'I, In c. v. Alas ka Pub . Offices Comm'n, 753 P.2d 703 (Alaska 1988), appea l dism issed,
488 U .S. 919, 109 S. Ct. 298, 102 L. Ed . 2d 317 (1988).
Reporting provisions of t his section and AS 15.13.074(i), 15.13.082(b),
15.13.110, and 15.13.13S(a) survive strict scrutiny because t he state's inte res t in
regu lating campaign contr ibutions and expe nditures is significant and the requirements
are not particu larly onerous. Alaska Right to Life Comm. v. Miles, 44 1 F.3'd 773 (9 1h Cir.
200 6).
Cited in Libertarian Party of Alaska, Inc . v. State, 101P .3 'd 616 {Alaska 2004).
Sec . 15.13.065 . Contributi ons. (a) Individu als, groups, no ngroup entities, a nd po li tica l parties may
make contributions to a candid ate. An i nd iv idu al, group, or nongroup e ntity m ay make a co ntribution to
a group, to a nongroup entity, or to a political party.
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AO 10-10 -CO Page 14 of 18
(b) A political party may contribute to a subordinate unit of the politica·1 party, and a subordinate
unit of a political party may contribute to the political party of wh ich it is a su bordinate unit
(c) Except for reports required by AS 15.13.040 and 15.13.110 and except for the requirements of
AS 15.13.050, 15.13.060, and 15.13.112 -15.13.114, the provisions of AS 15.13.010 -15.13.116 do not
apply to limit the authority of a person to make contributions to influence the outcome of a ballot
proposition . In this subsection, in addition to its meaning in AS 15.60.010, "propos ition" includes an
issue placed on a ballot to determine w hether
(1) a constitutional convention shall be called;
(2) a debt shall be contracted;
(3) an advisory question shall be approved or rejected; or
(4) a municipality shall be incorporated. (§ 9 ch 48 SLA 1996; am § 7 ch 1 SLA 2002)
Effect of amendments. -The 2002 amendment, effective April 16, 2002,
inserted references to nongroup entities in three places in subsection (a) and made
minor stylistic changes.
Sec. 15.13.145. Money of the state and its political subdivisions. (a) Except as provided in (b) and (c) of
this section , each of the following may not use money held by the entity to influence; the outcome of the
election of a candidate to a state or municipal office:
(1) the state, its agencies, and its corporations;
(2) the University of Alaska and its Board of Regents;
(3) municipalities, schoo l districts, and regional educational attendance areas, or anothe r political
subd ivis ion of the state; and
(4) an officer or employee of an e ntity identified in (1) -(3) of this subsection.
(b) Money held by an entity identified in (a)(l) -(3) of this section may be used to influence the
outcome of an election concerning a ballot proposition or question, but only if the funds have been
specifically appropriated for that purpose by a state law or a municipal ordinance.
(c) Money held by an entity identified in (a)(l) -(3) of this section may be used
(1) to disseminate infor mation about the time and place of an election and to hold an election;
(2 ) to provide the public with nonpartisan information about a ballot proposition or question or
about all the candidates seeking election to a particular public office .
Alaska Public Offices Commission
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(d) When expenditure of money is authorized by (b) or (c) of this section and is used to i nfluence
the outcome of an election, the expenditures shall be reported to the commission in the same manner
as an individual is required to report under AS 15.13.040 .(§ 24 ch 48 SLA 1996)
Sec. 15.13.150. Election educational activities not prohibited. Thi s chapter does not prohibit a person
from engaging in educational e lection-re lated communications and activities, including
(1) the publication ofthe date and location of an election;
(2) the education of students about voting and elections;
(3) the sponsorship of open candidate debate forums;
(4) participation in get-out-the-vote or voter registration drives that do not favor a particular
candidate, political party, or political position;
Sec. 15.13.3 74. Advisory opinion. (a) Any person may request an advisory opinion from the commission
concerning this chapter, AS 24.45, AS 24.60.200 -24 .60.260, or AS 39 .50.
(b) A request for an advisory opinion
(1) must be in writing or contained in a message submitted by electronic mail ;
(2) must describe a specific transaction or activity that the req uesting person is
presently engaged in or intends to undertake i n the future;
(3) must include a descr iption of a ll relevant facts, including the identity of the person
requesting the advisory opinion; and
(4) may not concern a hypothetical situation or the activity of a third party .
(c) Within seven days after receiving a request satisfying t h e requirements of (b) of this section,
the exec utive director of the commission shall recommend a draft advisory opinion for the commission
to cons ider at its next meeting.
(d) The approval of a draft advisory opinion requ i res the affirmative vote of four members of the
commission. A draft advisory opinion failing to receive four affirmative votes of the members of the
commission is disapp roved.
(e) A complaint under AS 15.13.380 may not be considered about a person involved in a
transaction or activity that
(1) was described in an advisory opinion approved under (d) of this sect ion;
(2) is indistinguishable from the description of an act ivity that wa s approved in an
adv isory opinion approved under (d) of this section; or
(3) was undertaken after the executive director of the commission recommended a
draft advisory opinion under (c) ofthis section and before the commission acted on the draft
advisory opinion under (d) of this section, if
(A) the draft advisory opinion w ould ha ve approved the transaction or activity
described; and
(B) the commission disapproved the draft advisory opinion.
(f) Advisory opinion requests and advisory opinions are public records subject to inspection and
copying under AS 40 .25. (§16 ch 108 SLA 2003)
Effective dates. -Section 16, ch . 108, SLA 2003 , which enacted this sect ion took effect on September 14,
2003.
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Sec. 15.13 .400. Definitions. In this chapter,
Page 16of18
(3) "communication" means an announcement or advertisement disseminated through print or
broadcast media, including radio, television, cable, and satellite, the Internet, or through a mass mailing,
excluding those placed by an individual or nongroup entity and costing $500 or less and those that do
not directly or indirectly identify a candidate or proposition, as that term is defined in AS 15.13.065(c);
(6) "expenditure"
(A) means a purchase or a transfer of money or anything of value, or promise o r agreement to
purchase or transfer money or anything of value, incurred or made for the purpose of
(i) influencing the nomination or election of a candidate or of any individual who files for
nomination at a later date and becomes a candidate;
(ii) use by a political party;
(iii) the payment by a person other than a candidate or political party of compensation for t he
personal services of another person that are rendered to a candidate or politica l party; or
(iv) influencing the outcome of a ballot proposition or question;
(B) does not include a candidate's filing fee or the cost of preparing reports an d statements
required by this chapter;
(C) includes an express communication and an elec tion eeri ng communication, but does not include
an issues communication;
2 AAC 50.356. USE OF PUBLIC MONEY.
(a) Funds are specifically appropriated for the purposes of AS 15.13.14S(b) if the appropriating body
provides notice on the public re cord that the funds will be used to i nfluence the outcome of. an election.
(b) In the absence of a specific appropriation, an officer or employee of an entity who is identified in AS
15.13.14S(a)(4) may use money held by that entity to communicate about a ballot proposition or
question if the communication is made in the usual and customary performance of the officer's o r
emp loye e's duties.
(c) For the purposes of AS 15 .13.14S(c)(2), information is nonpartisan if it does not advocate a position
in an e le ction. Nonpartisan inform ation includes the official language of a ballot question, a neutral
ballot summary, or if provided for all candidates seeking a particular office, the candidates' names ,
contact information, or statements.
(d) If an entity or individual identified in AS 15.13 .14S(a)(l)-(4) uses money held by the entity to make an
election-related expenditure, the expenditure must be disclosed on a report of contributions or
independent expenditures under AS 15.13.040(d) and
(e) unless the expenditure is made only to disseminate information about th e time and place of an
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AO 10-10-CD
elect ion or to hold an election. (Eff. 1/1/2001, Register 1S6)
Authority: AS lS.13.010 AS lS.13.030 AS 1S.13.14S
2 AAC 50.450. Complaints.
(a) A complaint filed with the commission must be in writing and must contain
Page 17 of 18
(1) the full name, mailing address and te lephone number of the person, group, or nongroup entity
making the complaint;
(2) the name of the person, group, or nongroup entity alleged to be in vio lation;
(3) the statute or regulation for which a violation is alleged;
(4) a clear and concise description of facts that, if true, would violate AS lS.13 or 2 AAC S0.2SO -2 AAC
S0.40S (Campaign Finance), AS 24.4S or 2 AAC SO .SOS -2 AAC S0 .54S (Regulation of Lobbying), or AS
39.SO or 2 AAC SO.OIO -2 AAC S0.200 (Public Official Financial Disclosure);
(S) the basis of the complainant's knowledge of the alleged facts, noting those allegations based upon
personal knowledge and those based upon other sources of information and belief;
(6) all documentation relevant to the facts alleged that is avai lable to the complainant;
(7) adequate proof that copies of the comp laint and documentation were received by each respondent
before filing with the commission; and
(8) evidence that satisfies the standard for expediting a complaint in AS 15.13.380(c), if expedited
consideration of an alleged violation of AS 15.13 or a regulation adopted under AS 15.13 is requested.
(b) The complaint must be signed and sworn under oath before a notary public, municipal clerk, court
clerk, postmaster, or a person authorized to administer oaths. The commission will provide notary
service without charge.
(c) The complaint may be on
(1) a form prescribed by the executive director, which is available from the commission or on the
commission's web site; or
(2) any other form sa ti sfying the requirements of (a) of this section. Eff. S/16/76, Register S8; am
12/29/77, Register 64; am 6/29/84, Register 90; am 1/4/86, Register 97; am 1/1/2001, Register 156; am
2/20/2005, Register 173)
Authority: AS 15.13.030 AS lS.13.380 AS 39.50.050
AS 24.45.021 AS 24.45.131
2 AAC 50.905. ADVISORY OPINIONS.
(a) The commission staff shall review all requests for advisory opinions submitted under AS
15.13.374. If the commission staff determines that a request does not satisfy the requirements
in AS 15.13 .374, the commission staff shall reject the request and notify the person, group, or
nongroup entity making the request of the deficiencies. A rejected request may be refi led.
Alaska Pub lic Offices Commission
AO 10-10-CD Page 18of18
(b) If the commission staff determines that the request satisfies the requirements in AS
15 .13.374, the executive director or the exe cutive director's designee shall prepare a
recommended advisory opinion within seven days after receipt of the opinion request for the
commission to consider at its next regular meeting.
(c) The commission will approve, disapprove, or modify the recommended advisory opinion .
(d) The commission may reconsider an advisory opinion at any time upon the motion of a
member who voted with the majority that originally approved the opinion, and if the
commission adopts the motion to reconsider by the affirmative vote of at least four members.
Adoption of a motion to reconsider vacates the ad vi sory opinion to which it relates . Action by
the requesting party in good faith reliance on the advisory opinion before the party has notice of
reconsideration may not be the subject of an investigation under 2 AAC 50 .460, 2 AAC 50 .507 , 2
AAC 50.810, or 2 AAC 50.815. (Eff. 1/4/86, Register 97; am 7 /20/95, Register 135; am 1/1/2001,
Register 156; am 2/20/2005, Register 173)
Authority: AS 15.13.030 AS 24.45.021 AS 39.50 .050
AS 15.13.374 AS 24 .60.220
Resolution 2010-02
A Resolutio n Concerning the Proposed "Anti-Corruption Initiative"
The Sitka Sch.col Board resolves that it is in opposition to passage of the
"Initiative Prohibiting Public Funds for Election Campaigns; also Prohibiting
Campaign Contributions by Holders of Government Contracts", referred to by its
sponsors as "The Anti-Corruption Initiative" finding that the measure would
dramatically restrict the public's ability to participate in the democratic process. Neither
the official title that will appear on the August primary election ballot, nor that used by
the initiative 's sponsors , hints at the far-reaching consequences of the measure .
Among other potential impacts, the initiative would define furthering "a ny political
agenda" so broadly as to criminalize most uses of public funds to enable school board
members, superintendents and staff to interact directly with the local assembly, the state
legislature and the federal congress concerning our schools and students. Moreover it
would restrict the ability of a large swath of the public to likewise interact with elected
officials as it defines the category of those prohibited from furthering "any political
agenda" to include anyone whose income derives from public funds such as municipal
employees, teachers , firefighters, etc. Not only does it restrict them personally but the
prohibition extends to their immediate family. There is even speculation that, if the
initiative is interpreted strictly, anyone rece iving a permanent fund check, obviously a
form of public funding in excess of the $500 annually specified in the initiative , would
also be restricted from exercising his/her First Amendment right to speak out on public
issues before elected bodies.
The Sitka School Board uses a very small part of it's annual budget to advocate
for school funding and appropriate school programs in front of the Alaska Legislature
and occasionally the U. S . Congress . Use of public funds for these public purposes,
helping the legislature and congress to understand issues critical to our schools and
students, would be declared a criminal activity by this initiative. To make it criminal to
use public funds to give school officials direct access to legislators and staff, or to
support school district advocacy, would so restrict the flow of information that legislators
would be forced to act on education issues with scant and out of date information .
Citizen involvement is the foundation of our republic. The Sitka School Board
believes that the voters who signed the petition to place this initiative on the ballot acted
in the finest tradition of democracy --the right of citizens to influence the course of their
government. However many may not have understood that this "Anti-Corruption
Initiative" would infringe on that same right for many fellow Alaskans and nearly all
Sitkans seekin g to act through local officials (assembly, school board, legislature) to
affect their government. The Sitka School Board urges all voters to read this initiative
carefully before heading to the polls in August and consider the grave consequences
such a la w could have on our ability to govern and advocate at the local, state, and
federal level for our issues and needs.
EXHIBIT 1
Lon Garrison , President-----------
Cass Pock , Vice-President _________ _
Mollie Kabler, Secretary __________ _
Tim Fulton , Member ____________ _
Tom Conley, Member ___________ _
EXHIBIT 1
Draft Resolution on Proposition 1 for Alaska School Boards
As members of the School Board, we believe Proposition 1 on the
August 2010 primary election ballot poses grave problems for the rights of citizens
to influence their government and improve the li ves of child ren. The ballot measure
seeks to prohibit, as a criminal act, any school district from hiring a lobbyist or any
superintendent to advocate for state funds. This initiative, if passed, would
disenfranchise tens of thousands of Alaskans from their own government.
Rationale. The broad brush of Proposition 1 seeks to ban the use of tax dollars for
any partisan activity, but in so doing threatens criminal penalties against any public
official, state employee, public body, school district, council or candidate for office
who "directly or indirectly" violates the terms of the initiative. For our republic to
work, our citizens have to be involved. Proposition 1 blocks our ability to be
involved and undermines our civic responsibility. The 1 st Amendment guarantees
our right to free speech and to associate with other citizens; this initiative assumes
anybody who receives public dollars, "directly or indirectly," is capable of breaking
the law.
As public officials, we believe in corruption-free government. However, Proposition
1 is misdirected in this regard and wou ld shackle the hands of anybody who does
business w ith the government, "directly or indirectly."
EXHIBIT 2
Bulfa, Maria F B (DOA)
To:
Cc:
Greva , Vullnet (DOA)
Brandeis , Jason M (DOA)
Subject: RE : Questions regarding local school boards advocating on ballot initiatives-AO Request
From: Lon Garrison [mailto:Lon_Garrison@nsraa.org]
Sent: Monday, May 24, 2010 10:22 AM
To: Ware, Patricia A (DOA)
Subject: RE: Questions regarding local school boards advocating on ballot initiatives
Patty,
In response to your questions:
1. No the board is not anticipating any expenditures or extraordinary advertising .
2. The resolution will likely be published via our website, through email and a press release . I do not foresee
anything different from what we normally do .
3. I would be requesting an informa l opinion at this point.
I will call you to discuss this briefly. Thanks for your quick response .
Lon Garrison
Sitka School Board
Work: 747-6850
Cell : 738-0798
Home: 747-5160
From: Ware, Patricia A (DOA) [mailto:patricia.ware@alaska.gov]
Sent: Monday, May 24, 2010 8:45 AM
To: Lon Garrison
Subject: RE: Questions rega rding local schoo l boards advocating on ballot initiatives
Lon,
I have a few follow up questions on your email.
1. Is the school board proposing to make any kind of expenditure or do any type of advertisi n g with respect to the
ordinance itse lf if/once it is passed ?
2. Can you be more specific on what you mean by "publi cat ion of the posit ion through usual and customary
means"?
3 . Would th e board li ke a forma l advi sory opinion from the Comm ission or are you making a request for an
informal op inion?
If you'd like to discuss thi s further, feel free to call me at 465-4865. Once I h ear back from you, we ca n go from t here.
Patty Ware, Admin istrator, Juneau Office
1
A lci.;ka Public Offices Commission (A. JC)
patricia.ware@alaska.gov
Ph one: (907 ) 465-4865 Fax: (907) 465-4832
http ://doa.alaska.gov/apoc/
From: Lon Garrison [mailto:Lon_Garrison@nsraa.org]
Sent: Monday, May 24, 2010 7:53 AM
To: Ware, Patricia A (DOA)
Subject: Questions regarding loca l school boards advocating on ballot initiatives
Dear Ms. W are ,
I'm hoping you may be the person to contact regarding the following questions. If not would you please
forward thi s inquiry to the appropriate staff and let me know? Thank you.
The Sitka School Board is very interested in taking up and pass ing a resolution that would advocate against the
passage of ballot propo sition #1, the so called "Anti-corruption Initiative". Recently , your commission
provided a review and determination that it was within the purview and legal right for the Associatio n of Alaska
School Boards (AASB) to advocate a po sition on an initiative for its membership si nce it wa s not an instrument
of the state. However, for local school boards to also speak to an initiative directly oth er that a bond proposition
there s eems to . be some question about our limitations and restrictions in regard to such advocacy. From what
we have been able to find, APOC regulations say that an officer or employee may use public money to
communicate about a ballot proposition or question if the communication is made "in the usual and customary
performance of the officer or employee's dutie s," re gar dless of whether a specific appropriation of funds has
been made for th at purpose. 2 AAC 50.356(b).
On behalf of th e Sitka School Board I would like to po se two questions for the Commiss.ion to co nsider:
1) Is a board's passage of a resolution taking a position on an initiative, and the district's publication of
that po siti on through its usual and custo mary means , a co mmunication that does not have t o be
supported by a sp ecial appropriation?
2) Does the passage and dissemination of a resol ution taking a position on an initiative involve an
expenditure of p ubli c fund s that tri ggers a nee d to fil e any kind of rep ort with APO C?
T ime is something of the essence in this matter, as we would like to consider the passage of a resolut ion at our
next board meeting on June 81
\ 2010. We also realize time is running short if we are to communicate
effectively to the public prior to the Augu st electi on.
Thank yo u fo r consideration of these questions an d I look forward to your responses soo n,
Respectfully yo urs ,
Lon Garrison
President, Sitka School Board
Work : 7 4 7 -6850
Cell : 738-0798
Home: 747-5160
2
10/11/2018 https://my.alaska.gov/ESignature/Display.aspx?doc=1C1F3BC7C7474B1F18EEC219FBFF789C
https://my.alaska.gov/ESignature/Display.aspx?doc=1C1F3BC7C7474B1F18EEC219FBFF789C 1/2
E R F
I
Filer First Name: JAMIE
Filer Middle Name (Optional): L
Filer Last Name: HEINZ
Filer's Title with Entity: City Clerk
E I
Election Year: 2018
Entity Name: City of Kenai
Abbreviation:
Purpose: Municipal Government
Entity Mailing Address: 210 Fidalgo Ave.
City, State Zip: Kenai, Alaska 99611
C
Name: Jamie Lynn Heinz
Address: 210 Fidalgo Ave.
City, State Zip: Kenai, Alaska 99611
Phone: 9072838246
E-mail: jheinz@kenai.city
Fax (Optional): Did Not Report
O D
Name Address Title
Tim Navarre 210 Fidalgo Ave. Kenai, Alaska 99611
Vice Mayor
Brian Gabriel 210 Fidalgo Ave. Kenai, Alaska 99611
Mayor
Jamie Heinz 210 Fidalgo Ave. Kenai, Alaska 99611
City Clerk
Robert Molloy 210 Fidalgo Ave. Kenai, Alaska 99611
Council Member
Jim Glendening 210 Fidalgo Ave. Kenai, Alaska 99611
Council Member
Glenese Pettey 210 Fidalgo Ave. Kenai, Alaska 99611
Council Member
Mike Boyle 210 Fidalgo Ave. Kenai, Alaska 99611
Council Member
Henry Knackstedt 210 Fidalgo Ave. Kenai, Alaska 99611
Council Member
10/11/2018 https://my.alaska.gov/ESignature/Display.aspx?doc=1C1F3BC7C7474B1F18EEC219FBFF789C
https://my.alaska.gov/ESignature/Display.aspx?doc=1C1F3BC7C7474B1F18EEC219FBFF789C 2/2
Name Address Title
Paul Ostrander 210 Fidalgo Ave. Kenai, Alaska 99611
City Manager
B A / P A A
Name of Bank: Wells Fargo Bank
Bank Address: 11216 Kenai Spur Highway
City, State Zip: Kenai, 99611
Independent Expenditures Form 15-6 Template
For Other Filers
Note: This document is only a guide to prepare information for the online form and displays a sample of the
questions asked in each section. To file your form, you visit https://myalaska.state.ak.us/apoc/form
Page 1 - Instructions
Page 2 – Filer Information
THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form
Page 3 – Time Frame
THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form
Page 4 – Election Information
THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form
If these expenditures were made for only a single election, elect it from the drop down list.
By selecting the election type, the elections are limited to just that type.
If they are for multiple elections, or do not apply to an election, select “Multiple Elections / Other” and
then describe.
Page 5 – Entity Information
THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form
Page 6 – Contact Information
THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form
Page 7 – Officers and Directors
THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form
Page 8 – Expenditures
THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form
The expenditure can be made to support or oppose a Candidate or a Proposition.
For candidates, select the Candidate from the drop down list. Use the Year/Election Type drop down
lists.
For proposition, select the election and type in the name of the proposition.
Page 9 – Previous Reports
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Page 10 – Contributions
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Page 11 – Review
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Page 11 – Review (continued)
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Page 12 - Certification
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Form Submission Notice
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