The Haines Borough Assembly Tuesday voted down a resolution that would have supported extra protections for the harbormaster and harbor employees.
The resolution would have supported passage of state legislation establishing a minimum amount of jail time for people convicted of assaulting or harassing port and harbor employees.
The assembly voted 3-2 to strike down the resolution, which was created by Sitka Ports and Harbors and endorsed by the Alaska Association of Harbormasters and Port Administrators. It was also supported by Mayor Jan Hill and manager David Sosa.
Assembly members George Campbell and Diana Lapham opposed the resolution. Assembly members Joanne Waterman, Ron Jackson and Mike Case were in favor. Assembly member Dave Berry was absent.
Haines harbormaster Phil Benner, who has had scuffles with harbor users, said he didn’t understand why the assembly voted it down.
In July 2012, Benner was pushed by commercial fisherman Cody Taylor, causing Benner to almost fall into the water. Though Taylor was initially charged with fourth-degree assault, he ultimately pleaded guilty to a reduced charge of disorderly conduct.
In January 2013, a different fisherman told Benner he would “kick his ass” after Benner told him living on his boat was illegal during the winter. Benner evicted the man from the harbor, a power afforded him by an ordinance adopted in fall 2012.
Putting harbor employees on par with peace officers, correctional employees, paramedics and firefighters in Alaska Statute would ensure people who assault or harass those professionals are held responsible, Benner said.
When there is an issue at the harbor, Benner gets called out by dispatch, just like police officers get called out to a crime scene.
“(When) we’re responding to an incident involving a citizen and to get down there and get assaulted, it’s something, as a public servant, I think there is a need (to address),” Benner said. “We shouldn’t have to put up with that. It’s not our job to put up with abuse.”
Benner said his experience is not unique. At the recent Alaska Association of Harbormasters and Port Administrators conference, “harbormasters and their staffs from around the state shared stories of abuse, both verbal and physical, endured over the past years,” he said.
According to the resolution, defendants convicted of assaulting or harassing port and harbor employees in several recent cases have received sentences “well below the minimum” established for peace officers, correctional officers and the other professions covered by Alaska Statute.
Legislation that would change the statute is sponsored by Sen. Bill Stedman and Rep. Jonathan Kreiss-Tomkins. “They will take it to the floor and see if there is support,” Benner said.
Campbell said he didn’t vote for the resolution because he wanted it to be vetted by the borough’s Public Safety Commission.
Lapham said she had reservations about the resolution because it “establishes minimum terms of imprisonment for defendants convicted of assaulting or harassing uniformed or otherwise clearly identified professionals.”
Harbor employees aren’t easily identifiable, Lapham said. “Any one of the harbor employees looks like anyone else coming off the boats there,” she said.
Waterman said she was okay passing the resolution as-is, as details would be worked out at the state level. Jackson called the potential law change “long overdue.”
Benner recently submitted his resignation, citing health reasons.
In March 2012, the assembly dropped discussion of designating harbormasters as “peace officers” after former police chief Gary Lowe said the designation would come with legal requirements placed on peace officers by local and state code.