Arvin’s absence excused

PALMER — The Mat-Su Borough Assembly on Tuesday formally excused the absence of one of its members who has been outside the borough for months working in Taiwan.

By borough code, Assemblyman Ron Arvin — who has not set foot in the borough since Oct. 4 — needed to have his absence excused to continue serving on the assembly. A legal opinion the assembly sought said that Arvin didn’t need to have his absence excused in advance.

“The intent of the 90-day absence rule is based on the needs to have the incumbent be physically present to do their duties,” resident Bish Buckle testified at the assembly’s meeting on Tuesday. “It will become a huge tragedy if it becomes necessary to initiate recall elections.”

Buckle is one of more than a half-dozen residents to testify in opposition of the excusal.

One resident testified in favor, Steve Renner. He shared a story about Arvin sorting out a problem for a property owner whose efforts to build a driveway ran afoul of the bureaucracy, then said he liked Arvin’s philosophy.

“His interests are in generating revenue and not saddling me as a property owner with more property tax,” he said.

Krista Maciolek warned that the excusal could prove a thorny issue for the Mat-Su Borough.

“It is a set up for litigation,” she said, adding that the applicable law is unsettled. “There’s nothing to say that you can’t address it after the fact, but that’s the stuff that lawsuits are made of.”

The resolution excusing Arvin ran to five pages and includes references to his employment in Taiwan, building a facility for the U.S. government to use for diplomatic purposes, being “of national importance.”

“Assembly member Arvin has advised the mayor that he has not changed his domicile, his Alaska residence remains his home, his family and personal belongings remain there, his Alaska residence address remains the address at which he is registered to vote, and he intends to return to his Alaskan home and continue his permanent residence there when the project is finished,” the resolution states.

Assemblyman Warren Keogh, who first brought up the issue of Arvin’s absence and was eventually be the only vote against excusing him, said he thought excusing such an extended absence sets a bad precedent.

“We would never have to show up. We could all be gone all the time and it would be fine for the public to face a row of empty chairs,” Keogh said.

Arvin attended Tuesday’s meeting via telephone and recused himself from voting on the ordinance concerning his attendance.

Assemblyman Jim Colver said he believed the move to declare Arvin’s seat vacant was “nothing but a personal attack” that “has disrupted the decorum” of the assembly.

He said that he was unaware of the section of the code regarding absences greater than 90 days and that the borough’s attorney and clerk had not made the assembly aware that Arvin had a conflict.

“Now that we are aware of the code I think it would be incumbent upon a member who was going to be absent to obtain that excusal in advance,” Colver said. “To terminate his seat because no one else noticed it either… I don’t think that would be fair.”

For his part, borough attorney Nick Spiropoulos said that he was aware of the code but not that it applied in Arvin’s case. He pointed out that nobody brought it up when former assemblyman Rob Wells or late mayor Curt Mernard was absent for more than three consecutive meetings.

Assemblyman Vern Halter said he didn’t think the assembly should go down the road of ousting its members and he praised Arvin’s work.

“I don’t think there was anybody who was more active in the road bonds or the school bonds, both of which passed,” Halter said. “Mr. Arvin might not always agree on every issue, but I’ve always found his work to be at the highest end.”

He added that in the times he’s had to be absent, he’s found attending telephonically to be much more difficult than attending in person.

Contact reporter Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.

Should Assemblyman Ron Arvin’s absence from the borough be excused?

Ron Arvin: RECUSED

Steve Colligan: YES

Jim Colver: YES

Vern Halter: YES

Warren Keogh: NO

Darcie Salmon; YES

Noel Woods: YES