Wasilla council member not asked to resign

JOEL DAVIDSON/Frontiersman reporter

WASILLA - A divided Wasilla City Council rejected an action Monday night that would have asked Council Member Diana Straub to resign her seat.

Council Member Rob Sande introduced the action in response to Straub's decision Dec. 13 to participate in five council meetings telephonically while living and working in Juneau over the next five months as an office secretary for Rep. Mark Neuman, R-District 15.

Sande voiced concerns that Straub's telephonic participation in five of 10 meetings may violate a city ordinance stating that, "Teleconferencing may not be used as a regular form of participating for regular meetings of the council."

Straub plans to continue teleconferencing from Juneau for the first council meeting of each month. The second meeting of the month she flies back to Wasilla to be physically present.

The council was unsure how to interpret the exact number or frequency of telephonic meetings that would violate the city code.

City attorney Tom Klinkner pointed out that while Straub's decision to participate telephonically might well be interpreted as "regular," according to city code, the code itself appears to be in conflict with the state's Open Meetings Act.

In a report written for council members, Klinkner advised that state law allows for members of a governmental body to participate in meetings through teleconferencing. Klinkner said the city code may conflict with state law, which supersedes city codes.

Klinkner concluded that the council was apparently required, by state law, to permit unlimited teleconferencing for council members.

While the council did not address the legality of the city's code in light of state law, its members did determine in a 4-2 vote that Straub's decision to participate telephonically was not in conflict with the city code and that she would not be asked to resign.

"Is teleconferencing for five meetings out of a three-year term excessive?" Straub asked her fellow members.

Members Mark Ewing, Noel Lowe and Ron Cox joined with Straub in rejecting the motion that asked for her resignation.

"I don't think teleconferencing is an appropriate form of participation," Ewing said in an interview, "but I don't think it's right to ask Straub to resign when she has not broken the city code."

Deputy Mayor Howard O'Neil and Member Rob Sande, however, voted in favor of asking for Straub's resignation.

Ewing did agreed with O'Neil and Sande that the city needs to do something to ensure teleconferencing is not abused.

"I support limiting the use of teleconferencing," he said. "We should say three and a row and you're out."

Apart from the teleconferencing issue, Sande also maintained that Straub's ability to represent her Wasilla constituents is impaired by her living in Juneau for all but three or four days out of the month. Participation is very much physical, he said.

"I'm not trying to chew on anyone," Sande said. "I'm trying to get clarification on how we want our city represented."

Klinkner's report did advise the council that it could, according to Wasilla city code, declare Straub's seat vacant, with a two-thirds vote, due to the fact that she no longer physically resides in the city while living and working

in Juneau.

According to city code, a council member's seat may be declared vacant if that person is physically absent from the municipality for 90 calendar days without being excused by the council. By living in Juneau, Straub will likely be gone from Wasilla for well over 100 days by the time the legislative session is through.

Ewing said he thinks the city code should be changed to reflect the state law, which says a member of a governing body must be absent for 90 consecutive days, rather than 90 total days.

City Clerk Kristie Smithers said Straub hasn't been gone for 90 days yet but it would appear that the council needs to address the issue soon.

"I believe we will have to have a work session," 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."

Contact Joel Davidson at joel.davidson@frontiersman.com.