Residency issues a recurring theme

June 3. 2005

DARRELL L. BREESE/Frontiersman reporter

WASILLA - City Council Member Noel Lowe is the most recent in a string of Wasilla politicians to have their residence questioned - most notable among them is state Rep. Vic Kohring.

However, in the last two years, several city council members have also had to respond to questions of their residency.

Most recently, Lowe's counterpart, Diana Straub, had to answer questions regarding her residency after accepting the position of office secretary for Rep. Mark Neuman, R-District 15, in Juneau. She eventually resigned the position to maintain her position on the council.

In 2004, former council member Colleen Sullivan-Leonard resigned her seat to avoid questions about her residency when she went to work in Juneau as a legislative aide to Rep. Carl Gatto, R-District 13.

Lowe, who was originally elected in 1999 and re-elected in 2002, has lived outside the city of Wasilla's boundaries since November. He originally announced his move outside city limits to the council during its Oct. 11 meeting.

He indicated then that he was moving from a home within the city limits - in which he lived before he remarried - to a home on Jensen Road, outside the city limits.

After the May 23 council meeting, Lowe said he and his wife were maintaining separate homes and that they are now living together with their kids following their November move into a home they are remodeling. He said he planned to move back within city limits as soon as he finds a home.

Lowe explained that he and his family are seeking a four- to five- bedroom home and would like one with a mother-in-law apartment.

Cindy Ziegler with Re/Max of Wasilla Real Estate estimated that there are currently 10-12 homes listed that meet Lowe's requirements and are ready for sale today.

"Finding a home that size limits one's options," Ziegler said. "And finding one in the city limits of Wasilla makes it that much more challenging. There are new subdivisions popping up all the time, but most of them are offering homes to be built and would not be completed until late summer.

"The homes that are available now were all built in the last 20 years and most in the last 10 years," she continued. "They range in prices from $238,000 to $600,000."

Lowe refused to comment on his current home search.

"I don't think it is necessary to give a weekly update on the status of my home search," Lowe said. "This matter will be settled during the meeting on June 27. Until then, I have nothing more to say."

Apart from Lowe's current situation, the residency issues the council is facing stem from several discrepancies between city code and state statutes.

Wasilla city code is clear on the qualifications to serve on the council, stating that if the individual no longer resides in the city, or is no longer a qualified voter, that the council can declare a vacancy.

However, state statute indicates that a person doesn't lose residency if he or she leaves their primary domicile for temporary purposes, with the intention of returning.

Wasilla city attorney Tom Klinkner told the council, during the May 23 meeting, that the issue of intent is important when determining whether a member is no longer a resident or is no longer a qualified voter.

Based on Lowe's expressed intent to purchase a home in the city limits, Klinkner said Lowe was not in violation of city code or state statute.

Klinkner also advised the council that it could, according to city code, either call for immediate forfeiture of his seat or declare Lowe's seat vacant, with a two-thirds vote, due to the fact that he no longer physically resides in the city.

The confusion between city code and state statute has made it difficult for the council to determine what the legal definitions of residency and council eligibility are.

Klinkner cautioned during the meeting that if the council were to act without considering state law, there might be further legal problems.

Similar confusion about the disparity between city code and state statute occurred during the debate about Straub's eligibility to remain on the council.

At that time, City Clerk Kristie Smithers said, "The council needs to decide what direction they want to go to revise some of these codes, which haven't been revised in years.

"It is obvious that there is some confusion involved. City code says one thing and state code says something else."

Darrell Breese may be reached at 352-2267 or darrell.breese@frontiersman.com.