On Sunday, March 29, 2009 Alaska Governor Sarah Palin appointed Tim Grussendorf to replace State Senator (District B) Kim Elton. The full story on the original appointment is here: http://sarahs-accomplishments.blogspot.com/2009/03/general-information-package-governor_29.html". As noted in the original story, the AK state Democrats sent Governor Palin one name for consideration. She had additionally received numerous unsolicited applications and put out a call for more. The appointment was chosen from one of those two batches and sent to the state Senate for confirmation.

The state Senate declined to nominate Grussendorf in a private vote. On April 3, 2009, the Governor issued a call for a an open vote.

“My primary objective is to respectfully request the Senate to take this matter up and vote on it in public session,” Governor Palin said. “The Alaska people and particularly the people of Juneau deserve a public vote on this. While the long-standing opinion of the Department of Law is that confirmation by a minority of the Senate potentially has constitutional problems, I recognize that the caucuses in the legislature prefer not to have a vote by the entire chamber. The Senate can decide for itself who participates in the vote. I am simply requesting that the vote be done in public” (Vote, 2009, ¶2).

“The opinions of the Department of Law have been on the books for decades,” Attorney General Wayne Anthony Ross said. “I believe the legislature and the people have a right to know that there are legitimate legal concerns with the manner in which the Senate Democrats acted on the appointment of Mr. Grussendorf” (Vote, 2009, ¶3).

But, the legislature has no intention of doing this open vote. Left unresolved, the matter could escalate into a court battle in which either side could sue (Cockerham, 2009, ¶1-2). The state Democrats have dug in saying, "Democratic senators maintain that they've lawfully rejected Grussendorf and that [Governor] Palin must name another appointee within eight days"(Cockerham, 2009, ¶7).

"We'll be waiting for that appointment," said Anchorage Democratic Sen. Bill Wielechowski. "And if that appointment doesn't come, that will be (a) breach of the law" (Cockerham, 2009, ¶8).

The crux of the battle right now is a 1987 legal opinion which "challenges the constitutionality of the state law that sets out how lawmakers should confirm a governor's appointee to an open legislative seat" (Cockerham, 2009, ¶14).

"The law says the appointee 'shall be a member of the same political party as that which nominated the predecessor in office, and shall be subject to confirmation by a majority of the members of the legislature who are members of the same political party which nominated the predecessor in office and of the same house as was the predecessor in office'" (Cockerham, 2009, ¶15)

Under the state law, the nine Democrats declined to seat Grussendorf in a closed-door meeting (Cockerham, 2009, ¶16).

"The 1987 legal opinion said the Constitution says that it's up to the Senate to decide the qualifications of its members, not just the senators who represent a particular party" (Cockerham, 2009, ¶17).

"The opinion also said that an appointee can be confirmed only at a formal session of the Senate, not at a closed-door meeting of senators from one party, [Governor] Palin said" (Cockerham, 2009, ¶18).

Commentary

The ultimate outcome of this appointment remains to be seen. The root of the problem appears to be a state law and a conflicting legal opinion on that law. As delineated above, the law states that a gubernatorial appointment must be in the same party as the predecessor, and confirmed by a majority of the members of that party, and of the same house (State Senate or State House of Representatives). The legal opinion states that the entire Senate must be involved; however, Governor Palin said she is not asking for that -- only for a public vote.

From the beginning, the State Democrats have tried to foist their choice on Governor Palin by giving her only one appointee to choose from. That is the root of the battle right here. As an executive, the Governor made her own decision, which is her prerogative. But, of course the Senate can decline her appointment. That's how checks and balances work.

Regardless of the final outcome, which will be followed here, of course, the Governor was correct in refusing to allow anyone to foist their choice of appointment upon her.

References

Cockerham, S. (2009, April 4). Legislators refuse Palin's demand for public vote. Anchorage Daily News. Retrieved April 4, 2009 from: http://www.adn.com/news/politics/story/747513.html

Governor requests public vote on Senate District B. (2009, April 3). State of Alaska, Governor. Retrieved April 4, 2009 from: http://www.gov.state.ak.us/news.php?id=1737

On April 1, 2009, Alaska Governor Sarah Palin announced two board appointments, one of which was to the state's Board of Fisheries, and the other to the state's Board of Regents (Appointments, 2009, ¶1).

"Governor Palin appointed Ashton Compton to the University of Alaska Board of Regents" (Appointments, 2009, ¶2).

The 11-member Board of Regents governs the statewide University of Alaska system; formulates university policy, and appoints the University’s president. By law, one member is a full-time student of the University, appointed by the governor from a slate of candidates selected by student election at each of the university’s campuses. Student regents serve a two-year term, compared to the eight-year term of other regents (Appointments, 2009, ¶3).

Compton, of Fairbanks, is a junior political science major at the University of Alaska Fairbanks (UAF). She has worked as a program assistant for UAF Student Organizations since 2008. Compton has also worked as a page and assistant sergeant-at-arms for the Alaska State Legislature from 2005-07 (Appointments, 2009, ¶4).

Compton is a member of the Golden Key International Honor Society, the National Society of Collegiate Scholars, and the Two Rivers and North Star Grange organizations. She is co-founder and president of the Red Cross Club of UAF, and performs volunteer service with the Fairbanks Red Cross, Habitat for Humanity and the Alternative Spring Break and Youth Service Opportunity programs. She was born in Fairbanks, and attended schools in Alaska and Idaho. Her appointment represents the first time the Board of Regents has included a student from the UAF campus since 2002 (Appointments, 2009, ¶5).

“It is a pleasure to appoint to the Board of Regents an outstanding young woman who was not only born in Fairbanks, but who has returned home to pursue her education at the leading campus of the University of Alaska system,” said Governor Palin. “Ashton Compton’s dedication to service is manifested by her involvement in university organizations, her service in the state Legislature, and her volunteer work in her home town. I have every confidence she will represent her campus and community well as a University regent” (Appointments, 2009, ¶6).

"Governor Palin appointed Brent G. Johnson, and reappointed Karl S. Johnstone, to the Board of Fisheries (Appointments, 2009, ¶7)."

The seven-member Board of Fisheries is responsible for conservation and development of the state’s fishery resources by setting seasons, bag limits, methods and means for the state’s subsistence, commercial, sport, guided sport, and personal use fisheries. The board sets fishery management policy, and makes the allocation decisions which the Department of Fish and Game must carry out through its management of fishery resources (Appointments, 2009, ¶8).

Johnson, of Clam Gulch, is a lifelong commercial fisherman who has been a salmon setnetter for most of his life. He has worked as a salmon and herring seiner and halibut longliner in Cook Inlet, and as a salmon seiner in Prince William Sound. Johnson has been active in fisheries management issues, having served more than a decade on the Kenai-Soldotna Fish and Game Advisory Committee from the early 1990s to 2002, the last two years as chairman. He was a member of the Cook Inlet Aquaculture Association board of directors from 1988-2001, and rejoined the board as president in 2005. Johnson is a past president and board member of the Kenai Peninsula Fishermen’s Association. His appointment represents the first appointment of a Cook Inlet commercial fisherman to the board since 1975 (Appointments, 2009, ¶9).

Johnson has served on the Kenai Peninsula Borough Planning Commission since 1997. He has also been president of Kasilof Regional Historical Association since 2005, and president of the Kenai Peninsula Historical Association since 2008. Born in Seldovia, he graduated from Ninilchik High School in 1973. He was appointed to a public seat (Appointments, 2009, ¶10).

Johnstone, of Anchorage, is a retired Superior Court judge who has been an active sport fisherman in Alaska since 1967. He fished commercially for salmon in Bristol Bay and herring in Prince William Sound and Southeast Alaska in the 1980s. Johnstone earned a bachelor’s degree in business and a law degree from the University of Arizona. He practiced law until 1979 when he was appointed Superior Court judge. Johnstone was appointed presiding judge of the Third Judicial District in 1990 and served in that position until his retirement in 1996. He has since had a limited practice as a lawyer, mediator and arbitrator. Johnstone was reappointed to a public seat (Appointments, 2009, ¶11).

Commentary

Governor Palin has now appointed 39 people to boards and commissions this year, not counting two judicial and one State Senate appointment (though the latter was unfortunately not confirmed). In the three months that have passed this year, this is an average of five hiring decisions every two days.

References

Governor Palin announces board appointments. (2009, April 1). State of Alaska, Governor. Retrieved April 2, 2009 from: http://www.gov.state.ak.us/news.php?id=1734