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My Turn: Public process trampled by unilateral decisions

Posted: February 3, 2013 - 1:05am

Public participation is the cornerstone of democracy. We see it clearly expressed by our forefathers in their description of the ideal government: one that is ruled by the people, for the people. Unfortunately, the democratic process is under direct threat in Alaska. There has been a pattern of behavior in the Capitol Building recently, both by the Governor’s office and the Legislature, to whittle away at our revered democratic process.

In 2012, the Parnell administration unilaterally changed the mission statement of the Alaska Department of Natural Resources—without input from the public or review by the Alaska State Legislature. The old mission statement read: “To develop, conserve, and enhance natural resources for present and future generations.” The unilateral change in the mission statement struck the words conserve, enhance, and future generations—all words used to protect the public interest, both present and future. Both the public and the Legislature were completely ignored.

In a similar development from the past month, we’ve seen a big shakeup in the Alaska Department of Transportation and Public Facilities. On a brief visit to the Alaska Ship and Drydock facility in Ketchikan, the administration made the surprise announcement that DOT will abandon a half-decade of public involvement and legislative process to construct an Alaska Class Ferry, and instead construct two smaller, partially open-deck shuttle ferries.

Shortly thereafter, DOT asked for the resignation of Deputy Commissioner Mark Nuessl, who oversaw Marine Operations at DOT. His replacement was sought without consultation of the Marine Transportation Advisory Board, something that is required of DOT under state statute to do. Again, as with the overhaul of DNR’s mission statement, these decisions were entirely unilateral, and they not only ignored the long history of public process on these issues, but also attempted to circumvent public process down the road.

And this year, the Parnell administration has proposed to reverse a 2006 citizens’ initiative that required cruise ships to treat their wastewater discharge in a manner consistent with state water quality standards. This proposal, seemingly on the fast track for passage in the Legislature, would make it easier for cruise ships to dump upward of 800,000 million gallons of partially treated human wastes and heavy metals, including copper and zinc, into the Inside Passage waters in which we harvest our salmon, halibut, crab, and other marine life. This attempt to undo what, just a few years ago, the citizens of this state worked so hard to make a reality, expresses disregard for the public will.

This disregard for the public process is not exclusive to the Governor’s administration. In 2006, the Utah State Legislature passed a bill intended to keep public advocates out of state courtrooms by requiring cost-prohibitive security bonds simply to access the courts. The Governor of Utah vetoed this bill due to credible concerns that it was unconstitutional because it violated both primacy issues and democratic principles. Despite the fact that this bill was unconstitutional, a similar bill—HB 47—has been introduced in the Alaska State Legislature this year in an attempt to make it next to impossible for public advocates to use the courtroom.

In a similar development, HB 3 is Representative Bob Lynn’s voter suppression bill. Although there has only been one documented case of voter fraud in the State of Alaska since statehood, Representative Lynn’s bill would require photo identification for all voters in an attempt to solve a nonexistent problem. For many people, this does not seem like a big deal. But for rural Alaskans where DMVs and other photo-ID outlets are hard to come by -- this is very much a big deal, and the bill seems intended to limit the participation of rural Alaskans in public elections and initiatives.

This pattern of behavior does not demonstrate a healthy, robust, democratic process with legitimate public involvement. Instead, it is a pattern of unilateral decision-making and public marginalization. With this pattern of behavior, can we the people have confidence that our revered democratic process is safe in Alaska?

• Hafey grew up in a hunting family. He studied political science with an emphasis on agriculture at Creighton University, and he works for the Southeast Alaska Conservation Council in Juneau.

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Latitude58
14399
Points
Latitude58 02/03/13 - 07:41 am
11
2

But you don't understand, Daven!

Governor Parnell and his hand-picked administration are simply smarter than the rest of us.

Allowing the hoi polloi to have a say in how our state operates is inconsistent with his fiduciary responsibilities to his benefactors.

(BTW, it's 'Mike' Nuessl, not Mark Nuessl.)

dennyh
3271
Points
dennyh 02/03/13 - 08:36 am
3
13

Parnell

is a good student and Obama taught him well.

jmacinak
397
Points
jmacinak 02/03/13 - 10:51 am
7
3

Thanks for a very factual

Thanks for a very factual case against this ex Exxon/Conoco attorney/lobbyist. He`s had plenty of chances to show his ALEC stripes, as well as his bias toward both his previous employers in this tax matter. He has done that in spades and more. He knows what a fundraiser Mr Ruderich was for the "oil" party. They won`t give up that link and influence easily to any other branch of the party, be it moderate, tea-tossing, centrist, extreme, whatever moniker you want to put on it. Since the early 70`s it`s been the "oil "party. And through Veco, to CBC version 2.0, it apparently still is. Their gerrymandered election ("mandate" Huggins calls it!) just might pull the big sting off, unless somehow reasonable people prevail in the debate. Like the one the Governor won`t have with Senator Weilochowski over ACES and the 2 billion giveaway. Progressivity can be capped and perform an equitable split at higher prices as long as the tax cut is balanced with a verifiable, commensurate increase in production, that warrants the state shoving two billion a year across the fiscal table.

alaskaguy
553
Points
alaskaguy 02/03/13 - 10:33 am
7
2

Governer Give-away

So if giving corporations a free hand to exploit natural resources is a good thing, why does Appalachia seem so depressed? Alaska is being treated like a third world country for the gain of the corporations. As far as representative government goes, it is now representative of the most number of dollars and not people.

barnardj1
657
Points
barnardj1 02/03/13 - 10:37 am
6
0

Good summary, Daven. The

Good summary, Daven. The session is still young. There will certainly be lots more.

concerned
572
Points
concerned 02/03/13 - 10:42 am
3
6

Not true

The cruise ship initiative did not require state water standards for cruise ships it required far greater standards than any state standards. I'm all for clean water just not the use of the goal to stop tourism. If we cared about clean water we would apply an equal standard to municipalities cruise ships and commercial fishing vessels. Out of the three entities above it is commercial fishing that pollutes the water the most, with untreated illegal discharges of raw sewage. Municipalities second and cruise ships third.

How about making cruise ships meet same standard as Juneau does or make Juneau meet same water quality standard as cruise ship? And really let's start talking about requiring all commercial fishing vessels to have treatment capabilities and not just storage that gets pumped out to the sea in raw form.

islander
1192
Points
islander 02/03/13 - 11:13 am
7
2

more of the same

Ever year in every faction of state government we seem to be getting more unilateral decisions on nearly everything. I believe it has to do with the entire issue of party politics. For all politicians need to do is stand together and get what the wont. The process of political decision appears to be connected to the lobby interest and party platforms. Little happens these days based on any kind of voter input as voters are far easier to manipulate by simply inserting a few give always here and there. Put a million into the budget for some location and the voters will certainly see the politicians as saving them from higher local taxes.

Conservatives will try to tell you the give always are all done by liberals. Yet here in Alaska the conservative have been and continue to be the majority in Juneau.

Meanwhile the ongoing blaming Obama is a mere rant; for Obama is not the Governor nor the Alaska legislature. So perhaps the ranters focused on the problems in Alaska politics our politicians would be more responsible to the voters.

jamison
3404
Points
jamison 02/03/13 - 09:28 pm
6
1

Ah, it harks back to the heady days

of the Murkowski Administration: Provocative actions (scrubbing the name Juneau off the ferries/change in mission statement for DNR); the preeminence of extractive industries and multinationals in state government (Murky closeting himself with the oil CEO's before crafting policy/Parnell just being Parnell); combined with a blatant disregard for public opinion/votes/interests.

Alaska being what it is, we got "rescued" from Murky, and a series of republican corruption scandals, by none other than Palin and Parnell!

Who's going to come to the "rescue" now? Joe Miller?

Latitude58
14399
Points
Latitude58 02/03/13 - 10:02 pm
6
0

My guess, Jamison...

The FBI (again!)

hellojuneau1
196
Points
hellojuneau1 02/03/13 - 10:09 pm
1
4

May I remind the citizens of Alaska

that the legislature makes the laws, not the Governor. And, if the Governor vetos a law the legislature has the right to overturn his veto. Please correct me if I am wrong. I, as a citizen of Alaska and of the U.S. vow to uphold the law even if I disagree with it...until it is overturned and another law is passed. Let us get on with the legislative process and quite whining. Make the law, vote for it, let the Governor veto it, and then overrule his veto. This is what should be happening in Washington D.C. as well. Let us get on with it!

alaskaguy
553
Points
alaskaguy 02/03/13 - 10:33 pm
4
0

@concerned

Yet again, you do not understand the issue. The voters initiative was to require the cruise ships meet water quality criteria at the discharge point. No different standards for cruise ships from anyone else. Please do a little due diligence prior to posting.

Fishing boats do not pollute more. Maybe you are confused with fish processing plants (even then your would be wrong). Yes on-shore treatment plants pollute more, but they have stationary mixing zones that one could avoid if one chooses, not so with moving ships.

concerned
572
Points
concerned 02/03/13 - 11:13 pm
1
1

Alaska guy

Are you suggesting that Bristol bay gill netters don't pump raw sewage as they are fishing into the bay? Where do they discharge? Every fisherman I know discharges.

Latitude58
14399
Points
Latitude58 02/04/13 - 07:10 am
0
2

mixing zones

Guy, the Mendenhall waste water plant has a mixing zone 30 meters wide and 300 meters long. The waste water outlet diffuser is in the middle of that rectangle. See here: http://www.juneau.org/assembly/agendas/2005/2005-12-12/Res2338_DEC_Works...

If a cruise ship had a similar sized zone (it shouldn't since it has far fewer people than the Mendenhall plant is serving), that zone would probably never exceed the outline of the hull if the ship was at anchor. If the ship was underway, the concentrations of effluent would be insanely small anyway.

Dilution of sewage from cruise ships is likely not a significant issue. I do wonder what else ends up going overboard though, since these are floating industrial plants. Remember, these are the guys who plumbed in secret discharge lines for toxic waste disposal. But there are already laws against that.

If you're sincerely concerned about cruise ship discharges, look to their hull paint. They use tributyl tin, which has been banned for years on almost all other boats due to it's extreme toxicity in the marine environment. You worrying about the tiny amounts of copper coming off of their piping? That's a joke compared to the tin.

alaskaguy
553
Points
alaskaguy 02/04/13 - 08:05 am
1
0

Size matters

Bristol Bay fishing boats are not floating cities of 2-3 thousand people. The mixing zone at Mendenhall is monitored (samples are taken near the edge) not so with cruize ships. The mixing you cite was done many years ago when the ships had different propulsion designs. There is no data based on the current configuration. Yes I am aware of the toxicity of anti-fouling paints, but two wrongs do not make a right (remember kintergarden?)

Jumpstart
552
Points
Jumpstart 02/04/13 - 10:51 am
3
1

Thank you Daven for pointing

Thank you Daven

for pointing out all these anti-social behaviors and abuses to our democratic processes.

.

CaptNoah
125
Points
CaptNoah 02/04/13 - 01:19 pm
2
8

poor sore liberal

We are a democratic republic. But of course they dont teach that in the union controlled school system. Our process is civil, we elect representatives to express the will of the people and public process is still allowed in that system as awkward and cumbersome (slow) as it is. The right of the people to petition the government always exists. If you don't like your elected representatives vote and/or run for office. Oh but wait - the writer is a member of SEACC and their practice is to resolve everything by lawsuit! So this guy is off his rocker - he doesn't believe in the democratic process he just believes in his agenda because that is all that is important regardless of the will of the people or our way of life in Alaska.

CaptNoah
125
Points
CaptNoah 02/04/13 - 01:19 pm
1
6

poor sore liberal

We are a democratic republic. But of course they dont teach that in the union controlled school system. Our process is civil, we elect representatives to express the will of the people and public process is still allowed in that system as awkward and cumbersome (slow) as it is. The right of the people to petition the government always exists. If you don't like your elected representatives vote and/or run for office. Oh but wait - the writer is a member of SEACC and their practice is to resolve everything by lawsuit! So this guy is off his rocker - he doesn't believe in the democratic process he just believes in his agenda because that is all that is important regardless of the will of the people or our way of life in Alaska.

CaptNoah
125
Points
CaptNoah 02/04/13 - 01:20 pm
1
6

poor sore liberal

We are a democratic republic. But of course they dont teach that in the union controlled school system. Our process is civil, we elect representatives to express the will of the people and public process is still allowed in that system as awkward and cumbersome (slow) as it is. The right of the people to petition the government always exists. If you don't like your elected representatives vote and/or run for office. Oh but wait - the writer is a member of SEACC and their practice is to resolve everything by lawsuit! So this guy is off his rocker - he doesn't believe in the democratic process he just believes in his agenda because that is all that is important regardless of the will of the people or our way of life in Alaska.

southeastfood
1283
Points
southeastfood 02/04/13 - 02:14 pm
3
2

CaptNoah

It's kind of hard to have confidence in public elections when those elections are purchased by for profit corporations, don't you think? Wonderfully democratic...

southeastfood
1283
Points
southeastfood 02/04/13 - 02:44 pm
2
1

soundbytes

One more thing, CaptNoah. Are our military services spreading the concept of Democracy abroad, or the concept of a Democratic Republic? If the latter, then there are a lot of sound bytes that need to be edited...

AH HA
1640
Points
AH HA 02/04/13 - 08:37 pm
1
0

@alaskaguy

But... Fleets of bristol bay fishing boats are! Take a realisic look at the area they acually operate in and the number of boats operating. Then remember that each boat has a minimum of three persons on board. Places to pump sewage off are few and far between in the bay so generally, over the side it goes. No macerator no holding tank.....No problem!

alaskaguy
553
Points
alaskaguy 02/05/13 - 12:34 pm
1
0

From the Farmed Fish Industry

Thanks AH HA. You just made our day. So much for paying an extra $1 a pound for wild caught Alaska Salmon. "Remove the mote from thine own eye..."

cheeesypoof
1895
Points
cheeesypoof 02/05/13 - 05:19 pm
1
0

member of SEACC

so what? Captnoah, do you know what SEACC stands for? If so, you would know those who work for SEACC are doing their job. Where in the article does Daven promote SEACC issues?

I always get a hoot out of people angry at SEACC. Remember, SEACC was born out of necessity and if you live in SE you should appreciate what they do. There has never been a mining permit turned down in Alaska, so if you are angry at SEACC, please, do tell why. Conserving the environment is not a good reason, unless the closest you get to enjoying the outdoors is visiting google earth.

And what does the "democratic republic" comment have to do with this article? Are you saying because we're partially a republic that the oil companies are actually allowed to purchase the will of the people? DO you have any idea what a republic is?

AH HA
1640
Points
AH HA 02/05/13 - 08:17 pm
0
0

@alaskaguy

Why is it my fault? I'm not the one who refuses to ice his fish and who has a nasty habit of crapping in the 'pristine waters of bristol bay'..... I just happen to know the truth.

alaskaguy
553
Points
alaskaguy 02/05/13 - 08:44 pm
0
0

get over yourself

Did not say it was your fault, in fact never used the word. But you put it out there. Just killed all the positive media Alaska has been using for years to market wild caught Alaska fish as a brand. Actually the Governor Give-away and the rubber stamp legislature did, but if you support it then you are just as at fault. There, I used the word.

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