Assembly overrides vetoes

MAT-SU -- Citing concerns by some Mat-Su Borough Assembly members that current borough mayor Tim Anderson was overusing his veto power, the assembly, Tuesday, overrode two recent vetoes he issued.

Anderson, last month, issued a veto after the assembly had decided at its Nov. 4 meeting, through a split vote, to establish a citizen's advisory committee for the ongoing rewrite of the borough's subdivision code, Title 16. Later in the month, he vetoed a motion by the assembly to limit discussion at work sessions to members of the assembly, staff and presenters.

The two resolutions straddle the public participation fence. In his first veto, Anderson argued against a citizens' advisory committee, stating that although he supports public participation, the committee would only provide it to a few people. In his second veto, Anderson said that eliminating the ability of the public to comment and taking away the opportunity to make the option available may set a bad precedent, closing a door "we may not want to close."

Assembly Member Jody Simpson, who made the motion to limit work session discussion to the assembly table, noted that Anderson has made good use of his veto power throughout his tenure as mayor. Anderson, she said, has issued 11 vetoes since elected in 1999. Previous mayor Darcie Salmon, in his three years on the assembly, issued three. Prior to that, she said, former mayor Barbara Lacher, in two terms on the assembly, issued 13.

"I'm concerned about a pattern where the will of this body, the majority of this body, is in danger of being overridden," Simpson said.

When the resolution to create a citizens' advisory committee for Title 16 was on the table, Simpson argued against the resolution. She said Anderson, in a conversation with her after the assembly passed a motion to create the committee, suggested vetoing the resolution. Simpson said she encouraged him not to.

"If we were to veto it, we would look like sore losers because our points, so cogently made, did not sway the opinion of the assembly," Simpson said. "In my opinion, this veto does not rise to the level where I can vote in favor of sustaining it."

Although Simpson said she didn't support establishing an advisory committee in the first place, she couldn't support a motion vetoing its establishment. When it came to a vote, the assembly agreed 6-1 to override the veto, with Deputy Mayor Jim Colver in dissent.

Similar reasoning was brought up when the assembly addressed the second veto. Assembly Member Mary Kvalheim brought the motion to override the veto to the table, arguing that the veto be upheld. It was a matter of commitment to the public, she said.

"I still believe the public should have the opportunity to either ask questions of presenters or present information," Kvalheim said. "I do believe this is the only chance some of them would have the opportunity to come forward and ask questions of the presenters."

Kvalheim asked the assembly to uphold the veto, if only to allow the work sessions to be structured to provide time for the public to comment as well as time for the assembly to discuss the matter.

Again, Simpson said, this topic had been heavily debated by the assembly when it was on the floor for discussion. It was voted on, she said, and decided by a 5-1 vote.

"The will of the body was clear at that time -- but again, we have a veto," Simpson said. "The will of the body is eroded, and the majority of the body is eroded."

Assembly member Betty Vehrs said she believed allowing public comment during work sessions could lead to inconsistency, by opening up the option for public comment only when it was deemed appropriate. People may not know what to expect, Vehrs said, and it could lead to greater discontent. She suggested finding another alternative.

"I have no doubt that this body can find something that can give more public participation," Vehrs said.

Colver countered that having a little flexibility could help people be more comfortable with the often dragging governmental process.

"Oftentimes people leave here very frustrated at the process," Colver said. "I think we need to reach out and open up the door to have some two-way conversations. We kind of sit up here as pompous judges sometimes -- and I think we ought to lower the bar a little bit and communicate with the public."

Assembly Member Talis Colberg said the public's opportunities to discuss matters or ask questions of the assembly is limited during meetings, it's not restricted outside assembly chambers.

"There are plenty of opportunities for the public to reach us -- and they usually do reach us," Colberg said. "There's no shortage of opportunities for people to contact assembly members."

When it came to a vote, the motion to override the mayor's veto passed with assembly members Kvalheim and Colver opposed, and assembly work sessions will be for assembly comments only -- the public will not be allowed a space for comment. But a later motion by Vehrs provides an alternative arena for public comment, at least at the next borough work session relating to coal-bed methane. From 4 to 5 p.m. on Dec. 16, a special meeting is scheduled, the purpose of which is to provide a format for the public to ask questions of the presenters.

"This is only a stop-gap measure until we find something better," Vehrs said.