The question of whether or not voters want to elect members of the planning commission, port and harbor advisory committee, public safety commission and tourism advisory board will appear on October’s ballot.
Assembly member Tom Morphet circulated the ballot initiative petition during the past two weeks and collected the necessary 250 certified signatures by last Friday’s deadline. Morphet started the petition after the assembly declined to put the question on the ballot.
Morphet said he wants to see those positions elected because the appointment process is fraught with politics. “I thought it was worth a discussion because these committee appointments are highly political,” Morphet said. “They led to four assembly members being hauled in front of the district attorney for a possible criminal charge. That’s how bad it gets.”
Morphet cited a February 2017 incident when a majority of assembly members, Morphet not included, rejected Mayor Jan Hill’s nomination to appoint Diana Lapham to the port and harbor advisory board. A citizen group later filed a petition saying the assembly violated Lapham’s constitutional rights, and requested the police investigate the matter. Police chief Heath Scott directed an officer pursue a criminal investigation, who found probable cause for the complaint, but the assistant district attorney at the time told Scott it would be “unethical” to pursue the matter in criminal courts and that “attempts to resolve political disputes by criminal prosecution…represent a potential violation of separation of powers principles that are the keystone of American civic integrity.”
Disagreements about nominations have delayed appointments during the past year. The assembly and Mayor Jan Hill disagreed this winter over mayoral appointments to the public safety commission—an impasse that prevented appointments and the ability for the commission to form a quorum for several meetings.
In April, the planning commission nominated Jessica Kayser Forster to serve on the commission. Hill instead nominated Zack Ferrin, who she said would bring more diversity to the commission. That process also generated controversy on social media—prompting one community member to issue a public apology to Forster for what he described as “inappropriate comments.” The assembly rejected Hill’s nomination of Ferrin. Two weeks later, Hill nominated Forster. Another vacancy later opened on the commission and Ferrin was nominated and accepted.
“Disagreement between the assembly and the Mayor have led to bottlenecks in terms of getting people on those committees,” Morphet said. “They would be more representative of the public if they were elected by the public.”
Planning commission chair Rob Goldberg told the CVN that the current system works and questioned why it needs to be fixed. He’s been on the commission since 2002 and said there are advantages to being appointed rather than elected. “I think being appointed gives you more independence as a commission member because you’re not beholden to any constituency,” Goldberg said. “You’re free to make your decision based on the best interests of the community as a whole and not on the wishes of a constituency.”
Port and harbor advisory board chair Terry Pardee said the appointment process allows the assembly to more thoroughly screen applicants for past knowledge and experience. “They weigh each applicant for a seat on these committees by going through what we know and what we’ve done in the past and how involved we’ve been,” Pardee said. “I don’t see how throwing everything open to another election and the cost that requires and the campaigning, I don’t know how that’s going to be better than the system we’ve already got.”
Pardee said Morphet’s initiative is likely a political ploy designed to weaken the current leadership and makeup of committees. “Part of his campaign was to stop the building and improvement of the downtown small boat harbor and they didn’t achieve any of that,” Pardee said. “I don’t think it will succeed to try and weaken the system we’ve got, as imperfect as it might be. Most systems are imperfect.”
Morphet described the harbor project as a “special interest design” that came out of the port and harbor advisory committee. “That committee, and the planning commission, both said ‘You must listen to us. We’re your committees.’ Are they really our committees if they’re appointed by the Mayor? Or are they the mayor’s committees?”
Mayoral appointments are subject to assembly approval, according to borough code. Sitka’s and Juneau’s assemblies make appointments. Wrangell elects its port commission, but other appointments are made by the same process as Haines. Petersburg holds elections for its harbor, public safety and planning and zoning boards. Like Haines, Skagway’s mayor makes appointments, subject to assembly approval.
Mike Denker signed Morphet’s petition and plans to vote in favor of elected boards and commissions.
“Electing the boards gives the voter a direct say, not through their elected officials, but a direct say about how those boards and commissions should be staffed. I think that’s a good thing.”
Petersburg Borough Manager Steve Giesbrecht said appointments make it possible to select qualified applicants with relevant expertise, and easier to screen those who may have an agenda. It’s difficult to find people who want to run for vacancies and the municipality often has some combination of elected and appointed members, he said.
But Giesbrecht also said some Petersburg assembly members tried unsuccessfully to accomplish the opposite of Morphet’s proposal.
“We had a couple of assembly members try to get rid of elected boards and go to appointments,” Giesbrecht said. “It upset people. People like the opportunity to elect other people. I think it gives them a sense that it’s their local government and they have a say in it.”