Alaska Employment Law

AG Tallis Colberg has recently issued opinions on the following issues:

Grounds for recall of school board members: A recall petition against members of the Chatham regional School Board adequately relied upon the following grounds: failure to require school administrators to have Type B teacher certificates; failure to implement system to evaluate teachers and administrators; violation of the Open Meeting Act; and failure to adequately supervise the superintendent.  Attorney General Opinion 663-07-0197, 2007 WL 2333369 (Alaska July 19, 2007).

Public financing of electoral campaigns:   An initiative proposes to provide public financing to certain candidates who agree to limits on campaign funding raising and spending and who are opposed by candidates who decline to accept those same limits.  The AG opines that the initiative is not “clearly unconstitutional.”  Attorney General Opinion 663-07-0191, 2007 WL 2344832 (Alaska Aug. 8, 2007).  See also Attorney General Opinion 663-07-191, 2007 WL 2333359 (Alaska July 18, 2007); Attorney General Opinion 66-07-0191, 2007 WL 2333358 (July 19, 2007).

Public money for private religious institutions:  A capital appropriation of $50,000 to Gateway School & Learning Center violates Alaska Const. Art. VII, sec. 1.   A $25,000 capital grant to Bingle Camp Ministries probably violates the Establishment clauses of the Alaska and United States constitutions because Bingle’s primary mission is to advance the cause of religion.  Other grants to religious entities providing social services (Catholic Community Services, Salvation Army, etc.) are unobjectionable because they provide services on a non-sectarian basis.  A $1.5 million grant to Anchorage Sportsplex, Inc, affiliated with ChangePoint church, may become problematic if the church uses the sports facility for religious or sectarian purposes.  Attorney General Opinion 883-07-0071, 2007 WL 2333368 (Alaska June 13, 2007).

AG Opinions can be found on the Department of Law’s website, as well as on Westlaw.