Regarding the assembly and the grocery tax exemption

I want to start off by saying that it is your sworn duty as a Kenai Peninsula Borough Assembly Member to uphold the constitution and laws off Alaska.

Just last fall of 2014, 1,875 signatures were gathered, which placed the citizens’ referendum Proposition ONE on the upcoming 2015 October Borough Ballot. This referendum is regarding winter grocery sales taxation, the duration of the taxation, and the amount of taxation.

As per Alaska statute 29.26.180 section B: “If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the governing body may not enact an ordinance or resolution substantially similar to the suspended measure.”

Because the proposed Ordinance 2015-03 and Ordinance 2015-03 Substitute are in regard to exactly the same issues as the referendum it is an illegal action per state statutes for you to enact either of these ordinances before the referendum has been voted upon. And by doing so you will be failing to uphold the Alaska statues and also opening the borough up to possible litigation.

Furthermore, because Ordinance 2008-28 was enacted three weeks before the 2008 election and the vote on the 2008 referendum regarding winter groceries sales taxation, it was an illegal action and you should seek to repeal it to reduce the possibility of litigation and the financial burden that it could bring upon the borough.