MSB: Not filing suit

MAT-SU -- In what has become a struggle of wills, the Mat-Su Borough will not be filing a motion to intervene in a lawsuit other municipalities filed earlier this year against the Alaska Redistricting Board.

Borough mayor Tim Anderson said Friday he had recently been issued an opinion by Mat-Su Borough attorney John Aschenbrenner that a motion made at last week's Tuesday borough assembly meeting was out of order.

"The action that was taken . . . does need public notice," Anderson said. "I fully intend to veto. I can not let an improper action [stand]."

Prior to the meeting, an action memorandum was advertised on the agenda to allocate $30,000 to the preparation of an amicus brief to file in the suit against the board. That suit was filed in July by the Aleutians East Borough, city of Valdez, city of Craig, citizens of Anchorage, Delta Junction, a Fairbanks voter, the city of Wasilla, the city of Cordova and four representatives of the Republican Party of Alaska.

At the Mat-Su Borough Assembly meeting, Kevin Sorensen, a candidate for Assembly District 1, encouraged the assembly to forego the amicus brief, which Sorensen said would not allow effective argument on the borough's behalf.

Later in the meeting, assembly member Larry DeVilbiss requested that the wording of the action memorandum be changed, replacing the amicus brief with a motion for intervention.

Anderson ruled the motion out of order, stating that it changed the title to an extent that it differed significantly from what had previously been advertised to the public.

Anderson deferred to Aschenbrenner, who stated that in previous instances, the position of the borough has been that the matter should receive adequate public notice and, therefore, a change such as DeVilbiss suggested should be advertised before the public once again.

DeVilbiss appealed Anderson's ruling, and the matter was put to a vote. Anderson's ruling was overruled in a 4-3 decision, with assembly members DeVilbiss, Kelly Lankford Ladere, Dan Kelly and Talis Colberg voting against it.

More discussion in the matter followed, with some assembly members voicing concerns that the borough had learned nothing from a ruling in a recent lawsuit involving public access issues, and was, by not allowing proper public comment on the matter, leaving itself open to another lawsuit.

"I sometimes wonder how we have any consistency at all," Jansen said. "Sometimes it's OK to change titles of ordinances and sometimes it's not."

But with the looming mayoral veto, the matter may now be moot. The assembly's decision to enter the fray of legal action against the redistricting board was made after the deadline for filing motions in the suit.

The closing date for motions to intervene was Sept. 14, although assistant attorney general Jim Baldwin said Friday that in a status hearing in the case that day, Anchorage Superior Court Judge Mark Rindner had asked about the borough's intent.

Curiously, Rindner had asked Anchorage attorney Ken Jacobus what the borough's intent was.

Jacobus, who represents clients that include the municipality of Anchorage and a group from Delta Junction in the group of lawsuits filed against the board, filed a notice of possible intervention -- letting the court know the Mat-Su Borough was considering filing a motion of intervention.

Although Jacobus said he was simply looking out for the best interests of the borough, Anderson said Friday he was shocked that Jacobus had been so presumptuous.

"My opinion is, it shouldn't have happened," Anderson said. "No one had authorization from the borough to do this."

Anderson said he was even more alarmed by the fact that the notice had been filed four days before the idea of an intervention was even broached by the assembly.

Jacobus said his notice of possible intervention was sparked by a brief discussion with Sorensen, who was looking for background information about how the city of Wasilla had proceeded in its suit against the board.

Jacobus said Sorensen mentioned his plan to encourage the assembly to file the motion to intervene instead of an amicus brief, and, in light of the possibility of such a motion, Jacobus thought he would "get his foot in the door" and let the court know that such a motion may be on the way.

"I was trying to be a good guy," Jacobus said. "I decided to do it because it was about 4 p.m. on the 14th. I just thought, 'Jeez, I ought to help the borough.'"

Sorensen said he did not suggest Jacobus file on the borough's behalf, and had simply called Jacobus' office for information. But if the notice happens to help the borough in its decision to intervene, he'll definitely be pleased.

"I think this issue is such an important issue," Sorensen said. "Whatever else happens, if the borough intervenes and prevails, the economic benefits are immense."