KBBI - Homer

An Anchorage Superior Court judge ruled Tuesday against three Homer City Council members seeking to halt a recall election next month.

Council members Donna Aderhold, David Lewis and Catriona Reynolds are subjects of a recall election sparked over two resolutions they crafted and sponsored.

The American Civil Liberties Union of Alaska represented the council members and is still weighing the possibility of an appeal.

Superior Court Judge Erin Marston’s ruling found that recall petitioners seeking to oust the three council members correctly followed the process.

Elected officials in Alaska are able to be recalled for misconduct in office, incompetence or failure to perform their duties.

Attorney Tom Amodio has defended targets of recall efforts, including former state Sen. Scott Ogan. Amodio explained that courts, much like Marston’s ruling, typically don’t dive into the facts of the stated grounds for a recall.

“They alleged that I did something I didn’t do. The court said ‘No, we don’t really look at the facts. We don’t really dig into it. That’s not our job. That’s the voter’s job.’ They have to determine who to believe,” Amodio said. “Both sides are given a chance in the electoral process to give a statement.”

The ACLU sued the city over City Clerk Jo Johnson’s certification of the three petitions – arguing it infringed on the council members right to freedom of speech.

Petitioners claim that by crafting and sponsoring separate resolutions on the Dakota Access Pipeline and inclusivity, council members engaged in political activity and violated their oath of office.

They also say irreparable economic harm was inflicted on the city after a draft of the inclusivity resolution was shared on social media.

Marston said Johnson was correct to certify the petitions and let voters weigh the merits of the claims. He said Johnson’s only role was to decide if the claims would be grounds for recall if found true.

All three council members had one word for Marston’s ruling, “disappointing.”

“He has now opened it up so that anyone can basically do a recall for any reason,” said council member Lewis.

Lewis’ term is up in October and he said he’s not running for election if he survives the recall.

“I had never planned. After more than nine years, it’s more than enough,” he added.

Council member Reynolds’ term also is up in October and she said the recall effort has been exhausting. She said it has convinced her to take a year off, before running for office again.

Aderhold’s term is up next year and she said it’s too early to know if this will affect her decision to run. But, she said the recall process should be cause for concern.

“It gives me concern about the integrity of our election process when a recall can be brought forth when elected officials are doing their jobs,” she said.

The ACLU still is deciding whether to appeal the case. Lewis and Aderhold are weighing that option.

Reynolds said she will not take part in an appeal.

“Time and energy right now is better devoted to just pushing back against the recall itself and devoting the next little bit of time working towards that election,” Reynolds said.

Pro-recall group and political action committee Heartbeat of Homer intervened in the case.

Spokeswoman Sarah Vance said the group will stay active leading up to the special election.

The recall election is scheduled for June 13.

If all three members are recalled, the council would be one member shy of a quorum. It would have to appoint someone to one vacant seat within seven days of the election’s certification.

Community members would be able to apply for remaining spots on the panel. Those seats would need to be filled by July 19.

Hilcorp operation managers were in Kenai to speak Friday at an Alliance luncheon.

Cook Inlet Offshore Operations Manager Stan Golis updated the pro-oil industry group on recent oil and gas leaks.

Repairs to a gas pipeline that supplies heat and power to two oil platforms should be complete, Golis said. That leak was initially stopped in April, but the fix was only temporary. Golis said divers were set to finish installing a permanent clamp Friday morning.

“I’d like to point out that this is not a corrosion issue,” he said. “What we believe is actually happening here is there is tidal action that moves this pipe back and forth across the rocky outcrops and essentially wears a hole in the pipeline.”

After the meeting, Golis explained that the line will be tested at nearly double its normal operating pressure to detect any leaks. Hilcorp also plans to use what’s called a smart pig to further assess the line.

“It is basically a tool that will get wall thickness readings and other things and will allow us to accurately assess the condition of the pipeline,” Golis said.

Golis also explained that a suspected oil leak at an upper Cook Inlet platform was not from the underwater pipeline, but from gas meant to keep its flare system lit.

“What we saw here was a spill of less than 3 gallons of natural gas condensate which essentially dissipated on the water,” Golis said.

Hilcorp started an internal investigation of the platform’s infrastructure in early April to inspect “all aspects” of the facility.

The conclusion is that fuel spilled out of the flare after a large piece of ice struck the platform that month.

State and federal agencies were on hand when Hilcorp restarted its oil platform, but will not be present when the gas pipeline comes back on line.

Golis explained Hilcorp will continue to assess its infrastructure as it always has. He said it inspects 20 percent of all its oil and gas systems annually.

A new initiative to lay about three miles of new pipeline was also outlined.

The $75 million project will connect to the existing pipeline system to carry oil across the inlet instead of tankers.

The project will eliminate the need to store oil at the Drift River Terminal near the base of Mount Redoubt.

Golis said two oil platforms will be taken off line and dismantled as part of the project. Hilcorp hopes to begin early next year and finish by September.

The group leading a recall effort to oust three Homer City Council members held a rally Saturday in downtown homer. Heartbeat of Homer, the newly formed political action party, has also been granted standing in a lawsuit against the city.

About 40 Heartbeat of Homer supporters gathered at Wisdom, Knowledge, Faith & Love Park to rally their support for the recall of Homer City Council members David Lewis, Donna Aderhold and Catriona Reynolds. Reynolds and Lewis are both up for election in October. Organizers say about 120 people came and went throughout the event.

Heartbeat of Homer was granted standing in a lawsuit the American Civil Liberties Union of Alaska brought against the city for certifying the three recall petitions. The ACLU says the certification violated council members’ right to freedom of speech. In joining the case, Heartbeat of Homer chose to side with the city.

Spokesperson Sarah Vance spoke to supporters from the park’s gazebo decked out in red, white and blue. Vance says the group expects accountability from city council members.

“And that’s what Heartbeat is doing, giving conservatives in this town a voice. That’s what we’re about, to come and to make our voice heard because we’re not going to be silent anymore,” Vance announced through the PA system.

This all started last November after the three council members sponsored a resolution supporting the battle against the Dakota Access Pipeline and an inclusivity resolution in February.

Vance argues the council members were not transparent while crafting the latter resolution via email. She says it declared Homer as a sanctuary city and was “watered down” after it was met with opposition.

“Until that weekend in all the opposition, the emails of people saying ‘No way, we’re not going to have this,’ then they made the change. That doesn’t seem straightforward,” Vance said.

According to emails KBBI obtained from the city, City Clerk Jo Johnson told Reynolds on February 16 the first public comment was received, the day the final draft of the “inclusivity” resolution was added the council’s agenda later that month.

The resolution would have committed Homer to resisting efforts to “divide the community”. It also says local law enforcement would assist federal agencies in detaining undocumented immigrants when a court-issued federal warrant is received.

Vance says regardless of language, the intent to declare Homer a sanctuary city is there, and that the recall does not violate their right to freedom of speech.

“They were speaking on the behalf of council. They were not speaking as individuals. They were acting as council, and that’s a completely different story. That’s not their individual rights of freedom of speech,” Vance explained.

The inclusivity resolution failed on introduction. The Standing Rock initiative, also used as grounds for the recall, did pass. Mayor Bryan Zak cast the tie-breaking vote in favor of the resolution.

Vance did not offer a reason why Zak was not included in the recall effort.

“But as far as the mayor goes, I don’t know,” she said.

The ACLU filed its case in late April and has made its way through four judges due to peremptory challenges. Parties are allowed one challenge to disqualify a judge for fear of bias.

Oral arguments were scheduled for May 25, but that hearing was canceled because of the judicial turnover. A new hearing has not been scheduled, and the recall election is scheduled on June 13. The city will put out notices for the recall election Thursday and again on June 8.

Members of the public spoke both for and against the petitions to recall three Homer City Council members at the regular meeting Monday night. Much of it boiled down to rifts in small town politics.

Much of the recall debate centers on small town dynamics

The petitions ask for the recall of Council Members Donna Aderhold, Catriona Reynolds, and David Lewis. They were certified by the city clerk on April 5.

Many of the comments made during the most recent council meeting focused on both togetherness and division within the community and where the council’s responsibility falls within that. It’s small town politics at its most basic.

“We will see each other at the grocery store forever. We teach each other’s kids. We hire each other’s kids. We are each other’s scout leaders and swim coaches and so forth. Our lives are intertwined. We can’t get away from that. We will see each other forever,” said Homer resident Poppy Benson.

Benson said the difference between national and local politics is how well you know the people you’re dealing with.

“And whenever there’s one of these really painful incidents that happen in town where people are yelling at each other, I always wonder, what’s going to happen if your son wants to marry their daughter. Are they going to forget what you said about them? No, they’re not,” she said. “We have this tightly woven fabric in this town and we have to protect that fabric and this recall is too much for that fabric. It’s tearing at us.”

Other speakers on both sides of the aisle echoed her words in one way or another.

Brandy Super said she’s been a Homer resident since 1996. Like a few others who spoke, she mentioned how she felt those national politics have come into play locally, dividing the town.

“Even though we all had an opportunity to go and vote behind closed doors, I, for one, I did vote for President Trump and it was a hurtful thing to hear, ‘Oh, let’s resist.’ So, when that came across, I felt that was very hateful and hurtful,” said Super.

Cassie Lawver has been live-streaming the meetings on Facebook for people who can’t attend in person.

“Though the conservative voice usually is not here due to working or childcare issues or whatever, they are watching. I just want to let you guys know that the conservative side is very involved,” Lawver said. “We’re watching. You’re probably receiving emails. We’re trying our best to communicate and be a part even though we don’t have a show here.”

The southern peninsula is an area built on waves of changing demographics. Over the last several decades, many groups have moved to the homer area following religions, opportunities, and industry. It’s created an area with a more conservative voting base, seen in statewide elections, and a vocal liberal component.

Kris Holderied said she doesn’t support the recall effort. However, she thinks increased public engagement has been a good side effect of these conversations.

“I would say the only thing that’s been encouraging to me in this is it’s brought up a lot of dialogue and there are a lot of people who may have been sitting by the sidelines of our democracy who are now coming to city council meetings. There’s more people here than I think I’ve ever seen before, so that’s not a bad thing,” Holderied said.

However, she said she is worried the recall may cause other elected officials to shy away from this type of dialogue in the future.

“I would say one of the things that I appreciate as a citizen is the ability to bring something to my council members and say, ‘Hey, I would like you to put this forward,’ and whether or not they might agree with it, they would at least put it into the public debate…that happens here with what the council is doing. So, I really appreciate that opportunity and hope we don’t lose that opportunity,” Holderied said.

While many speakers said they’d like to hear from the council their thoughts on the recall effort, Mayor Bryan Zak explained why they wouldn’t be speaking.

“Please be aware that while the city council members are free to discuss the recall petition when they are on their own time and not acting in their official capacity as council members, the city attorney has advised all council members to refrain from discussing the recall petition during council meetings, work sessions, and other official public events,” said Zak.

The recall election has been scheduled for June 13.

American Civil Liberties Union of Alaska filed a suit Monday against the City of Homer.

The suit targets the proposed recall of three Homer City Council members.

The recall stems from a pair of resolutions either introduced or supported by the council members:

• One resolution supported the Standing Rock Tribe in their effort to stop the Dakota Access Pipeline.
• The other was a resolution to promote inclusivity, on the heels of President Donald Trump’s election.

However, some locals felt the resolutions were handled improperly.

Recall petitions were issued earlier this year for Donna Aderhold, Catriona Reynolds and David Lewis after certification by the city clerk.

The lawsuit alleges the city is violating the First Amendment rights of the council members.

The ACLU claims the recall petition should never have been certified by the city clerk.

The suit cites a handful of other cases that also deal with public officials speaking on issues in their respective communities.

Casey Reynolds, the ACLU of Alaska’s spokesperson, said the suit was filed now in the hopes that the election, set for June 13, can be canceled.

U.S. Sen. Dan Sullivan visited Homer for a meet-and-greet last week, one of the few opportunities the general public of Southcentral Alaska had to confront the senator during the two-week Congressional recess that just ended.

The gathering was scheduled to take place in the Port and Harbor Conference Room on the Homer Spit, but so many people showed up they had to move the meeting outdoors.

Sullivan stood behind a small desk placed on the Port and Harbor lawn,  outlining his agenda and praised some of President Donald Trump’s appointees.

“Wilbur Ross, in terms of Commerce; Zinke, Navy Seal who’s now the Secretary of the Interior; General Mattis; I think they’re gonna be really good,” Sullivan said.

As a Marine, Sullivan said he supports Trump’s promised increase in military spending.

“National defense is something I believe in,” Sullivan said. “President (Barack) Obama cut our spending by almost 25 percent.”

Despite public notice of less than 24 hours, more than 70 locals were on hand to hear Sullivan’s remarks. Attendees sat and stood on the lawn and on the concrete Port and Harbor walkway. They often audibly disagreed with the senator.

When it came time for Q&A, former four-term Homer Mayor Jack Cushing spoke first.

“I’m from a Marine Corps family and I know you are taught not to blame the other guy,” Cushing said. “I personally thought Obama did a very good job, and I’d just like to encourage, particularly now that we’re not politicking anymore, the campaign’s over, it’s not the other guy’s fault. Let’s just make things work.”

Another person asked Sullivan about his support for Environmental Protection Agency Administrator Scott Pruitt, who doubts that humans are the primary cause of climate change.

“Well, I voted for Scott Pruitt … actually, enthusiastically voted for Scott Pruitt,” Sullivan said, receiving groans from the audience. “Ok, no. Come on, you guys.”

Don Lane of Homer, captain of the Predator, challenged Sullivan on his opposition to Obama’s signature health insurance law.

Lane called it “a game-changer” for his family.

“For many years as a commercial fisherman, health insurance wasn’t available at any price,” Lane said. “It just wasn’t available. Along came the Affordable Care Act, and it has been very important.”

Another attendee asked whether Sullivan would pledge to support the continuation of the pieces of the Affordable Care Act that help families struggling with opioid addiction, in the event that Congress eventually repeals the ACA.

Sullivan told the crowd he has been pushing for what he calls “Repeal and Repair” of Obamacare.

“I can tell you this. I’m not gonna say on Medicaid expansion where I commit, but I can tell you I’m going to continue to try to find additional resources for people struggling with this kind of addiction,” Sullivan said.

Sullivan did single out one Obama appointee for praise: Surgeon General Vivek Murthy for his expertise on the opioid epidemic. Murthy was dismissed by the Trump administration that afternoon.

Sullivan’s office staff in Kenai said the senator stopped for a visit at the Ninilchik Senior Center on his trip back up the Peninsula.