Alaska AG Opinions, 2006

MEMORANDUM State of Alaska Department of Law TO: Linda Perez, Director Division of Administrative Services Office of the Governor DATE: FILE NO.: September 6, 2006 661-07-0010 THRU: TEL. NO.: 269-5216 FAX: 279-2834 FROM: Judy Bockmon Assistant Attorney General Opinions, Appeals, & Ethics Section SUBJECT: Ethics Act Considerations for Senior Staff: Issues When Seeking Other Employment and Post-State Employment Restrictions You asked that I provide you with a memorandum containing general advice for you and other senior staff in the Office of the Governor and the executive

MEMORANDUM State of Alaska Department of Law TO: Commissioners DATE: September 6, 2006 FILE NO.: 661-07-0010 THRU: Linda Perez, Director TEL. NO.: 269-5216 Division of Administrative Services Office of the Governor FAX: 279-2834 FROM: Judy Bockmon SUBJECT: Ethics Act Considerations for Assistant Attorney General Commissioners: Issues When Opinions, Appeals, & Ethics Section Seeking Other Employment and Post-State Employment Restrictions This memorandum is intended to provide you with general advice about restrictions and other considerat

MEMORANDUM State of Alaska Department of Law TO: Honorable Kurt Fredriksson DATE: August 9, 2006 Commissioner Department of Environmental Conservation FILE NO.: 661-07-0127 TEL. NO.: (907) 269-5274 FROM: Elise Hsieh SUBJECT: Statutory Authority Assistant Attorney General Necessary for Regulations Charging Differential Fees You have requested an opinion as to whether the Department of Environmental Conservation (DEC) can adopt regulations setting different fees for different industries for paralytic shellfish poisoning (PSP) testing even though the costs to the sta

MEMORANDUM State of Alaska Department of Law TO: Hon. Mike Menge Commissioner DATE: July 10, 2006 Department of Natural Resources FILE NO.: 661-04-0160 THRU: TEL. NO.: 269-5100 FAX: 279-2834 FROM: John T. Baker Assistant Attorney General Natural Resources, Anchorage SUBJECT: Title to Land Held by Mental Health Trust Sabrina E.L. Fernandez Assistant Attorney General Natural Resources, Anchorage You have requested an opinion on the extent to which the Alaska Mental Health Trust Authority (“Trust Authority”) holds title to Alaska Mental Health Trust (“Trust”) land

MEMORANDUM State of Alaska Department of Law TO: Linda Perez DATE: June 12, 2006 Director Division of Administrative Services FILE NO.: 661-06-0042 Office of the Governor TEL. NO.: (907) 269-5169 THROUGH: David W. Márquez SUBJECT: Use of State Aircraft Attorney General FROM: David T. Jones Senior Assistant Attorney General Opinions, Appeals, and Ethics Section, Anchorage You asked whether the Alaska Executive Branch Ethics Act prohibits the use of state aircraft to travel for campaign or partisan political activities. In short, it does. The Ethics Act provid

MEMORANDUM State of Alaska Department of Law TO: Al Clough Deputy Commissioner Department of Commerce, Community a Economic Development DATE: nd FILE NO.: TEL. NO.: May 31, 2006 661-06-0309 (907) 269-5169 FROM: David T. Jones Senior Assistant Attorney General SUBJECT: Board of Marine Pilots – Remanded Surcharge Case Opinions, Appeals, and Ethics Section, Anchorage You asked for advice on two questions concerning a case remanded to the Board of Marine Pilots because of a violation of the Alaska Executive Branch Ethics Act: (1) whether the board may re-vote on the remanded c

MEMORANDUM State of Alaska Department of Law To : William Corbus, Commissioner Department of Revenue Date: File No: May 10, 2006 661-03-0485 Tel. No.: (907) 465-2133 Fax: (907) 465-2075 From: David W. Márquez Attorney General Subject: Effect of Article IX, Sections 1 and 4 of the Alaska Constitution on Proposed Stranded Gas Development Act Contract Terms I. INTRODUCTION The purpose of this opinion is to provide analysis and advice on the question of whether sections 1 and 4 of article IX of Alaska’s Constitution permit the state to enter into a long-term fiscal contra

MEMORANDUM State of Alaska Department of Law TO: Mark O’Brien Chief Contracts Officer Department of Transportation and Public Facilities DATE: FILE NO.: TEL. NO.: April 26, 2006 661-06-0040 (907) 269-5169 FROM: David T. Jones Senior Assistant Attorney General SUBJECT: Ethics Act’s Restrictions on Contacting Hearing Decision Makers Opinions, Appeals, and Ethics Section, Anchorage You asked whether the Alaska Executive Branch Ethics Act’s restrictions on contacting final decision makers in administrative hearings apply to appeals of right-of-way issues. Those restrictions apply

MEMORANDUM STATE OF ALASKA DEPARTMENT OF LAW To: Maj. Gen. Craig Campbell Commissioner and Adjutant General Department of Military and Veterans’ Affairs Date: File No.: March 30, 2006 661-06-0093 Tel. No.: (907) 269-5100 From: Michael G. Mitchell Subject: Alaska State Defense Force Assistant Attorney General as State Law Enforcement Labor and State Affairs – Anchorage Officers When in State Active Service This memorandum responds to your request for advice on whether the Alaska State Defense Force (“ASDF”), also known as the Alaska State Defense

MEMORANDUM STATE OF ALASKA DEPARTMENT OF LAW TO: John K. Norman, Chairman Alaska Oil & Gas Conservation Commission DATE: TEL. NO.: March 21, 2006 (907) 269-5178 FILE NO.: 661-06-0348 FROM: SUBJECT: Toby N. Steinberger The Effect of Compensatory Assistant Attorney General Time Agreements on PERS Labor and State Affairs Section Retirement Benefits Civil Division, Anchorage You have asked for our opinion concerning an aspect of the retirement benefits due to petroleum inspectors employed with the Alaska Oil and Gas Conservation Commission (“AOGCC”). Under the Public Employ

MEMORANDUM State of Alaska Department of Law TO : Whitney H. Brewster Director, Division of Elections DATE: FILE NO.: TEL. NO.: January 17, 2006 663-06-0096 465-3600 FROM RE: Michael A. Barnhill Review of Applications for Recall Assistant Attorney General of John Zabielski, Eric Hannan, and Labor and State Affairs – Juneau Doug Hosken You have asked for our opinion regarding the applications for petition for recall of three members of the Alaska Gateway School District (REAA # 16) regional school board. Those members are: Eric Hannan, Doug Hosken, and John Zabielski. Reg

MEMORANDUM State Of Alaska Department of Law To: The Honorable Paul Seaton Date: January 17, 2006 345 W. Sterling Highway Suite 102B File No.: 661-06-0263 Homer, AK 99603 Telephone: 269-5235 Subject: Natural Resource From: Steven G. Ross Assistant Attorney General Natural Resources Section – Anchorage Conservation and Development Board: Appointment and Removal of Board Members, and Conflict of Interest Filings Your aide, Louie Flora, has asked us to provide advice on the following questions: 1. Are the governor’s appointments to the Alaska Natural Resource Conser

MEMORANDUM State of Alaska Department of Law To: The Honorable Mike Menge Date: January 11, 2006 Commissioner Alaska Department of Natural File No.: 661-06-0264 Resources Telephone: 269-5235 Subject: DNR Deputy Commissioner’s Authority under AS 41.14.840 From: Steven G. Ross to Require the Submission and Assistant Attorney General Approval of Plans and Natural Resources Section – Specifications for a Fishway or Anchorage Other Device for Efficient Fish Passage Prior to Construction of Any Dam or Other Obstruction Across a Fish Stream On behalf of the Alaska D