State law should be changed before violated

  • By Peninsula Clarion Editorial
  • Saturday, April 5, 2014 5:33pm
  • Opinion

Governor Sean Parnell made two controversial appointments recently when he tapped out-of-state residents to the state’s Assessment Review Board and the Alaska Gasline Development Corporation — despite a state law that requires all board and commission members to be Alaska voters.
Legislators and the Governor sparred over the legality of the situation as the governor maintains he has the right to make those appointments as the law likely violates the state’s Constitution, which says members must only be U.S. citizens.
House Speaker Mike Chenault has requested a stand-alone bill to address the appointment to the AGDC, while the candidate for the assessment board withdrew his nomination, effectively resolving the situation.
Chenault said the issue was an “oversight” of the original legislation on establishing AGDC and his bill should provide some clarity to the issue.  
These are not minor positions. The Assessment Review Board sets the value of crude-oil pipelines while the Alaska Gasline Development Corporation could play a large role in the state’s LNG project.
While there may be instances when it is appropriate to have non-Alaskans sit on regulatory boards — especially in situations where people who have the expertise to manage the state’s resources live elsewhere — the real issue is that the Governor made those appointments before having the legal authority to do so.
State law should stand on its own merit and if Parnell interpreted the law as a violation of our constitution, he should have taken steps to correct the issue rather than circumventing the legal gray area and stirring up controversy.
It is irresponsible to assume that one’s own interpretation of the law is somehow more valid than the actual letter of that law.
Parnell’s appointments put the cart before the horse and Chenault’s solution closed the barn door after the cart and horse had already escaped.

More in Opinion

(Juneau Empire file photo)
Opinion: Life is harder when you outlive your support group

Long-time friends are more important than ever to help us cope, to remind us we are not alone and that others feel the same way.

A silver salmon is weighed at Three Bears in Kenai, Alaska. Evelyn McCoy, customer service PIC at Three Bears, looks on. (Photo by Jeff Helminiak/Peninsula Clarion)
Opinion: Will coho salmon be the next to disappear in the Kenai River?

Did we not learn anything from the disappearance of the kings from the Kenai River?

Jonathan Flora is a lifelong commercial fisherman and dockworker from Homer, Alaska.
Point of View: Not fishing for favors — Alaskans need basic health care access

We ask our elected officials to oppose this bill that puts our health and livelihoods in danger.

Alex Koplin. (courtesy photo)
Opinion: Public schools do much more than just teach the three Rs

Isn’t it worth spending the money to provide a quality education for each student that enters our schools?

Gov. Mike Dunleavy speaks to reporters at the Alaska State Capitol on Thursday, April 17, 2025. (Jasz Garrett / Juneau Empire file photo)
Letter to the Editor: Law enforcement officers helped ensure smooth, secure energy conference

Their visible commitment to public safety allowed attendees to focus fully on collaboration, learning, and the important conversations shaping our path forward.

Laurie Craig / Juneau Empire file photo
The present-day KTOO public broadcasting building, built in 1959 for the U.S. Army’s Alaska Communications System Signal Corps, is located on filled tidelands near Juneau’s subport. Today vehicles on Egan Drive pass by the concrete structure with satellite dishes on the roof that receive signals from NPR, PBS and other sources.
My Turn: Stand for the community radio, not culture war optics

Alaskans are different and we pride ourselves on that. If my vehicle… Continue reading

U.S. Sen. Dan Sullivan (R-Alaska) delivers his annual speech to the Alaska Legislature on Thursday, March 20, 2025. (Jasz Garrett / Juneau Empire file photo)
Opinion: Sullivan, Trump and the rule of lawlessness

In September 2023, U.S. Sen. Dan Sullivan established his own Alaska Federal… Continue reading

UAA Provost Denise Runge photographed outside the Administration and Humanities Building at the University of Alaskas Anchorage. (courtesy photo)
Opinion: UAA’s College of Health — Empowering Alaska’s future, one nurse at a time

At the University of Alaska Anchorage, we understand the health of our… Continue reading

U.S. Rep. Nick Begich III, R-Alaska, address a joint session of the Alaska Legislature on Thursday, Feb. 20, 2025. (Mark Sabbatini / Juneau Empire file photo)
Opinion: A noncongressman for Alaska?

It’s right to ask whether Nick Begich is a noncongressman for Alaska.… Continue reading

Boats return to the Homer Harbor at the end of the fishing period for the 30th annual Winter King Salmon Tournament on Saturday, March 23, 2024 in Homer, Alaska. (Delcenia Cosman/Homer News)
Opinion: Funding sustainable fisheries

Spring is always a busy season for Alaska’s fishermen and fishing communities.… Continue reading

Gov. Mike Dunleavy holds a press conference on Monday, May 19, 2025, to discuss his decision to veto an education bill. (Jasz Garrett / Juneau Empire file photo)
Opinion: On fiscal policy, Dunleavy is a governor in name only

His fiscal credibility is so close to zero that lawmakers have no reason to take him seriously.