Alaska AG Opinions, 2007

November 7, 2007 The Honorable Sean R. Parnell Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015 Re: Review of 07FISH Initiative Application A.G. file no: 663-08-0032 Dear Lieutenant Governor Parnell: I. INTRODUCTION You have asked us to review an application for an initiative entitled “An Act to restore fisheries conservation and habitat protection functions to the Alaska Department of Fish and Game.” The purpose of the initiative is to partially rescind Governor Murkowski’s Executive Order No. 107, which took effect in 2003, the primary purpose of which was to tran

MEMORANDUM State of Alaska Department of Law To: The Honorable Sean R. Parnell Lieutenant Governor Date: September 27, 2007 File No.: 663-07-0179 Tel. No.: 465-3600 From: Michael A. Barnhill Senior Assistant Attorney General Labor and State Affairs – Juneau Re: Review of 07WTR2 Initiative Application I. INTRODUCTION You have asked us to review an application for an initiative entitled “An Act to protect Alaska’s clean water” (“07WTR2”). The bill proposed by this initiative is similar to the one proposed by 07WATR, which we concluded did not comply with the constitutiona

SARAH PALIN, GOVERNOR DEPARTMENT OF LAW 1031 WEST 4 TH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501-5903 PHONE: (907)269-5100 OFFICE OF THE ATTORNEY GENERAL FAX: (907)276-3697 September 18, 2007 Esther J. Cox, Chair, Alaska Board of Education and Early Development 7705 Highlander Drive Anchorage, AK 99518 Re: Request for Advisory Opinion: Conflicts of Interest AGO File No. 661-07-0014 Dear Ms. Cox: This letter responds to your request for an advisory opinion under AS 39.52.240(a) of the Executive Branch Ethics Act providing general guidance to members of the Board of Education a

August 8, 2007 The Honorable Sean R. Parnell Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015 Re: Review of 07CASE Initiative Application A.G. file no: 663-07-0191 Dear Lieutenant Governor Parnell: You have asked for additional review and analysis regarding potential First Amendment issues in 07CASE. This letter responds to your request. As your letter observes, in 07COGA we stated that there may be First Amendment issues with the bill’s scheme of public financing for electoral campaigns. 2007 Op. Att’y Gen. 14-15 n.12 (July 18; 663-07-0191). But we explained that at

SARAH PALIN, GOVERNOR DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL 1031 WEST 4 TH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501-5903 PHONE: (907)269-5100 FAX: (907)276-3697 August 3, 2007 Former Employee Re: Post-State Employment AGO File No. 661-07-0027 Dear Former Employee: This letter responds to your request for an advisory opinion under AS 39.52.250(a) of the Alaska Executive Branch Ethics Act regarding your eligibility to perform consulting services for Company A. You are employed by Consulting Firm and Company A is requesting that you undertake an investigation and re

July 19, 2007 Whitney H. Brewster Director, Division of Elections P.O. Box 110017 Juneau, Alaska 99811-0017 Re: Review of Applications for Recall of Irene Paul, Shelly Wilson, and Edward Gamble, Sr. A.G. file no.: 663-07-0197 Dear Ms. Brewster: You have asked for our opinion regarding the applications for petition for recall of three members of the Chatham School District (REAA # 18) regional school board. Those members are: Irene Paul, Shelly Wilson and Edward Gamble, Sr. Regional school board members are subject to recall under AS 14.08.081, which adopts by reference the rec

July 19, 2007 The Honorable Sean R. Parnell Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015 Re: Review of 07CASE Initiative Application A.G. file no: 663-07-0191 Dear Lieutenant Governor Parnell: I. INTRODUCTION You have asked us to review an application for an initiative entitled “An Act establishing a program of public funding for campaigns for state elected offices, to be known as the Alaska Clean Elections Act.” (“07CASE”). We have completed our review and find that it complies with the requirements for certification. Accordingly, we recommend that you certify

July 18, 2007 The Honorable Sean R. Parnell Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015 Re: Review of 07COGA Initiative Application A.G. file no: 663-07-0191 Dear Lieutenant Governor Parnell: I. INTRODUCTION You have asked us to review an application for an initiative entitled “An Act establishing a program of public funding for campaigns for state elected offices, to be known as the Alaska Clean Elections Act, and amending the oil and gas production tax to levy and collect a surcharge on oil as a source of funding for the program.” (“07COGA”). We have complete

MEMORANDUM State of Alaska Department of Law To: The Honorable Sean R. Parnell Lieutenant Governor Date: File No.: June 21, 2007 663-07-0179 Tel. No.: 465-3600 From: Re: Michael A. Barnhill Review of 07WATR Initiative Senior Assistant Attorney General Application Labor and State Affairs – Juneau I. INTRODUCTION You have asked us to review an application for an initiative entitled “An Act to protect Alaska’s clean water” (“07WATR”). We have completed our review and find that the application does not comply with the constitutional and statutory provisions governing the use

SARAH PALIN, GOVERNOR DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL 1031 WEST 4 TH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501-5903 PHONE: (907)269-5100 FAX: (907)276-3697 June 21, 2007 Executive Director Re: Quarterly Ethics Report AGO File No. 661-07-0014 Dear Designated Ethics Supervisor: I recently reviewed your quarterly ethics report for January-March 2007 and the accompanying ethics disclosure from Employee. I compliment Employee on bringing his potential ethics concern to your attention and I do not disagree with your determination. I wanted to follow up with s

MEMORANDUM State of Alaska Department of Law TO: Carl Brady Chair, Board of the Trustees Alaska Permanent Fund Corporation DATE: June 18, 2007 FILE NO.: 661-07-0014 TEL. NO.: 269-5216 THRU Michael Burns Executive Director Alaska Permanent Fund Corporation FAX: FROM: Judy Bockmon Assistant Attorney General Opinions, Appeals and Ethics SUBJECT: Ethics Act Procedure for Addressing Conflicts of Interest Disclosed at Public Meetings of the Board of Trustees As we recently discussed, your quarterly report for the first quarter of 2007 and another inquiry suggested that the

DEPARTMENT OF LAW SARAH PALIN, GOVERNOR P.O. Box 110300 Juneau, Alaska 99811-0300 Phone: (907) 465-3600 Fax: (907) 465-2075 May 24, 2007 The Honorable Sarah Palin Governor State of Alaska P.O. Box 110001 Juneau, Alaska 99811-0001 Re: HCS CSSB 123(FIN) -- relating to the public employees' and teachers' defined benefit retirement plans; relating to the public employees' and teachers' defined contribution retirement plans; relating to the judicial retirement system; relating to the health reimbursement arrangement plan for certain teachers and public employees; r

DEPARTMENT OF LAW SARAH PALIN, GOVERNOR P.O. Box 110300 Juneau, Alaska 99811-0300 Phone: (907) 465-3600 Fax: (907) 465-2075 May 17, 2007 The Honorable Sarah Palin Governor State of Alaska P.O. Box 110001 Juneau, Alaska 99811-0001 Re: SCS CSHB 109(FIN) am S -- 2007 Ethics and Disclosure Reform Legislation Our file: 883-07-0036 Dear Governor Palin: We reviewed SCS CSHB 109(FIN) am S, which would make substantial changes to Alaska's ethics and disclosure laws. The bill would increase disclosure requirements for state and municipal offices and impose more stringent ethics r

MEMORANDUM State of Alaska Department of Law TO: Linda Perez Director Office of the Governor Designated Ethics Supervisors Executive Branch Agencies DATE: May 11, 2007 FILE NO.: 661-07-0440 TEL. NO.: 907 269-5216 FAX: FROM: Judy Bockmon Assistant Attorney General Opinions, Appeals and Ethics SUBJECT: Kenai River Classic: Participation and Gift Disclosure In July, the Kenai River Sportfishing Association (KRSA) holds a fundraiser called the Kenai River Classic. In past years, state officers have been invited to attend at KRSA’s expense. We understand that some state offi

DEPARTMENT OF LAW SARAH PALIN, GOVERNOR P.O. Box 110300 Juneau, Alaska 99811-0300 Phone: (907) 465-3600 Fax: (907) 465-2075 April 30, 2007 The Honorable Sarah Palin Governor State of Alaska P.O. Box 110001 Juneau, Alaska 99811-0001 Re: CSSB 61(FIN) am -- transferring funds to the public education fund; making supplemental and other appropriations; and amending appropriations Our file: 883-07-0017 Dear Governor Palin: At the request of your legislative office, we have reviewed CSSB 61 (FIN) am, transferring funds to the public education fund; making supp

MEMORANDUM State of Alaska Department of Law TO: Designated Ethics Supervisor DATE: April 3, 2007 FILE NO.: 661-07-xxxx TEL. NO.: 269-5216 SUBJECT: Ethics Disclosure of Director Re FROM: Judy Bockmon Assistant Attorney General Opinions, Appeals & Ethics Section Stock Interest in Parent Company of Company Under Contract with Division. You requested an advisory opinion under AS 39.52.240 addressing the ethics disclosure of a new division director in your agency. In this opinion, we address the information provided in the director’s March 18, 2007 Request for Ethics Dete

DEPARTMENT OF LAW CIVIL DIVISION SARAH PALIN GOVERNOR P.O. Box 110300 Juneau, Alaska 99811-0300 Phone: (907) 465-3600 Fax: (907) 465-2075 March 29, 2007 The Honorable Sarah Palin Governor State of Alaska P.O. Box 110001 Juneau, Alaska 99811-0001 Re: CSSB 82(FIN) -- making supplemental appropriations and other appropriations and amending the lapse dates of certain appropriations Our file: 883-07-0012 Dear Governor Palin: At the request of your legislative director, we have reviewed CSSB 82(FIN), making supplemental appropriations to the Department of Law, the Department

MEMORANDUM State of Alaska Department of Law TO : Hon. Annette Kreitzer Commissioner Department of Administration DATE: FILE NO.: March 2, 2007 663-06-0136 FROM: Mike Buller Deputy Executive Director Alaska Housing Finance Corp . Michael A. Barnhill Assistant Attorney General Labor and State Affairs Section TELEPHONE NO.: SUBJECT: (907) 465-3600 Mat-Su Prison Financing You have asked for our view of section 5(b)(1), ch. 160, SLA 2004 ("SB 65"). This section provides: "the average capital cost for all beds may not exceed $135,000 a bed for (a)(1), (2), (4), and (5) of this sect

SARAH PALIN, GOVERNOR DEPARTMENT OF LAW 1031 WEST 4 TH AVENUE, SUITE 200 ANCHORAGE, ALASKA 99501-5903 PHONE: (907)269-5100 OFFICE OF THE ATTORNEY GENERAL FAX: (907)276-3697 February 28, 2007 The Honorable Bob Lynn State House of Representatives State Capitol, Room 104 Juneau, Alaska 99801 Re: Constitutionality of HB 6, proposing to amend campaign contribution limits enacted by initiative Dear Representative Lynn: As you requested in correspondence dated February 16, 2007, we have reviewed the legislature’s authority under the Alaska Constitution to amend a statute enacted by

MEMORANDUM State of Alaska Department of Law To: Thru: Talis J. Colberg Attorney General Craig J. Tillery Deputy Attorney General Date: File No: Tel. No.: February 2, 2007 663-06-0103 (907) 465-3600 Fax: (907) 465-2520 From: Michael A. Barnhill Assistant Attorney General Labor and State Affairs Section Subject: Governor’s Power to Remove a University of Alaska Regent We have been asked whether the Governor has the power to remove a University of Alaska regent without cause. In our view, the answer is no. We acknowledge that this question has been posed to different counsel an

MEMORANDUM State of Alaska Department of Law To: Thru: The Honorable Sean Parnell Lieutenant Governor Talis J. Colberg Attorney General Date: File No: Tel. No.: February 1, 2007 663-06-0050 (907) 465-3600 Craig J. Tillery Deputy Attorney General Fax: (907) 465-2520 From: Michael A. Barnhill Assistant Attorney General Labor and State Affairs Section Subject: 05HUNT—Reconsideration of Initiative Application You have asked us to reconsider our opinion of October 12, 2005, regarding this initiative. Specifically you inquire whether under Pullen v. Ulmer, 923 P.2d 54 (Alaska