HomeMy WebLinkAboutResolution No. 2022-45c
i
Sponsored by: Council Member Pettey
and Council Member Sounart
KENAI
CITY OF KENAI
RESOLUTION NO. 2022-45
A RESOLUTION SUPPORTING THE CONSTITUTIONAL RIGHT OF ALASKA GRAND JURIES TO
INVESTIGATE AND MAKE RECOMMENDATIONS ON PUBLIC WELFARE AND SAFETY CONCERNS.
WHEREAS, Article 1, Section 8 of the Constitution of the State of Alaska states in relevant part, "the power
of grand juries to investigate and make recommendations concerning the public welfare or safety shall
never be suspended"; and,
WHEREAS, it is important that residents of Kenai have confidence in the criminal justice system; and,
WHEREAS, Alaska Statute 12.40.030 —Duty of inquiry into crimes and general powers, provides:
The grand jury shall inquire into all crimes committed or triable within the jurisdiction of the court
and present them to the court. The grand jury shall have the power to investigate and make
recommendations concerning the public welfare or safety; and,
WHEREAS, Alaska Statute 12.40.040 —Juror to disclose knowledge of crime— provides, "if an individual
grand juror knows or has reason to believe that a crime has been committed that is triable by the court,
the juror shall disclose it to the other jurors, who shall investigate it"; and,
WHEREAS, the Alaska Grand Jury Handbook, page 27, states that grand jury investigations can be
initiated "by members of the grand jury'; and,
WHEREAS, concerns have been raised to this body alleging that Grand Juries have not been able to
conduct independent investigations on issues not brought by the district attorney; and,
WHEREAS, it appears State law needs to be revised to create a mechanism for independent jury
investigations; and,
WHEREAS, it is in the best interest of the residents of Kenai for the State of Alaska to enact laws and
create process that assures grand juries are able to conduct investigations consistent with the State
constitution, state laws and the jury handbook.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
Section 1. That the Council supports the need for a mechanism for grand juries to investigate and
make recommendations concerning the public welfare or safety pursuant to Article 1, Section 8 of the
Constitution of the State of Alaska. The Council requests the legislature enact legislation that provides
an adequate mechanism and procedure under state law to provide for independent grand jury
investigations.
Section 2. That a copy of this resolution shall be provided to the Governor of the State of Alaska, the
Alaska Legislature, the Alaska Attorney General, the Kenai and Anchorage District Attorneys, the
presiding judges in both Kenai and Anchorage, and to the Alaska Supreme Court.
Section 3. That this Resolution takes effect immediately upon passage.
New TeX[ Underlined; [DELETED TEM BRACKETED]
Resolution No. 2022-45
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T DAY OF JUNE, 2022.
Brian Gabriel Sr., Mayor
ATTEST:
Michell M. MC, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
KENAI
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Council Member Pettey and Council Member Sounart
DATE: May 24, 2022
SUBJECT: Supporting the Right of Alaska Grand Juries
Article 1, Section 8 of the Constitution of the State of Alaska states in relevant part, "[t]he power of
grand juries to investigate and make recommendations concerning the public welfare or safety
shall never be suspended." Alaska Statute also provides that grand juries have the power to
investigate and make recommendations concerning public welfare. Further, the Alaska Grand
Jury Handbook provides that individual members of a grand jury can initiate an investigation.
Despite this language in the Constitution, Statute and Jury Handbook, it does not appear that
there is a successful mechanism or procedure for grand juries to independently investigate
matters of public welfare or safety independent of a district attorney supporting the investigation.
Consistent with other municipal action on the Kenai Peninsula, this Resolution requests the state
to develop laws and procedure to allow for independent grand jury investigations consistent with
the Alaska Constitution, existing statutes, and the guidance provided for in the Grand Jury
Handbook. While this is an issue of state law and requires a state remedy, it is an issue that
affects Kenai residents similar to other state residents that should be remedied.
Your consideration is appreciated.
f
L