On Sept. 22, the Haines Borough Assembly voted to adopt the minor offenses ordinance with an effective date of Jan. 1, subject to certain conditions. I argue the assembly must reconsider and reverse the vote because Haines Borough code was violated.
First, the assembly violated local law by allowing the Mayor to vote by teleconference to break the tie. Haines Borough code section 2.10.200 clearly states that only an assembly member may vote by teleconference. Haines Borough code 2.10.210 also clearly states, “The Mayor is not an assembly member.” Thus, adherence to the rule of law for assembly voting argues strongly for reconsidering and reversing the vote.
Second, the administration violated code 2.10.030 (A) by not providing committee recommendations to the assembly and the public in the Sept. 22 meeting packet. The planning commission chairperson forwarded recommendations to the clerk two days before the agenda deadline as per code 2.10.030 (A). These recommendations, along with recommendations from the Public Safety Commission, should have been considered at the meeting but were not included in the meeting packet as per code. Because this section of Haines Borough code was not adhered to, reconsideration and reversal of the vote is warranted.
The public expects their elected officials and administration to adhere to the rule of law governing the public process. This includes procedures for voting, as well as the availability of information for assembly and public consideration. The assembly must rebuild the public’s trust in government by reconsidering and reversing this vote.
Mike Denker