Anchorage Democratic Sen. Forrest Dunbar will be able to attend the Aug. 2 special session of the Alaska Legislature, he said late Tuesday in a post on Facebook.
Dunbar, a member of the National Guard, is deployed to Poland on active-duty service but received a federal waiver that will allow him to return to Alaska for legislative work.
Dunbar’s attendance is critical for lawmakers who hope to override Gov. Mike Dunleavy’s decision to veto millions of dollars in public school funding from this year’s state operating budget. Despite his attendance, the outcome remains uncertain, and Dunleavy has the option of canceling the session.
It takes 45 votes to override an Alaska governor’s budget veto, and Dunbar was one of 46 legislators who voted in May to reverse the governor’s decision to veto a bill increasing the state’s public school funding formula.
That formula is subject to the state’s annual budget process, and Dunleavy chose to only partially fund it, causing a wave of cuts to services at public schools across the state. Dunleavy had said he would not agree to the full funding increase without the Legislature adopting other policies he’s proposed.
Many legislators hoped to override that second veto in January, when the regular legislative session reconvenes, but Dunleavy called a special session for Aug. 2, forcing an early vote.
Writing on Facebook, Dunbar noted that he had previously requested to be excused from the Legislature during his National Guard service, “however, the Legislature obviously does not control the actions of the governor.”
Dunbar said he began seeking a formal waiver that would allow him to use his personal leave, pay for his own plane ticket, and return to the state for the special session.
“I am pleased to report that the commanding general to whom our unit now reports has indeed granted that request,” Dunbar wrote. “I plan to return to Alaska for the start of the special session, and I will be voting yes to override, so that our students have the funds they need to avoid catastrophic cuts to their schools.”
For weeks, it hadn’t been clear whether Dunbar would be able to obtain the rare dispensation needed to return to Alaska.
“In general, a service member on federal Title 10 mobilization orders is required to complete the full term of their deployment,” said Dana Rosso, a spokesperson for the Alaska National Guard, by email. “Any early release or temporary return would require approval through Department of Defense and U.S. Army channels and is only considered under exceptional circumstances — such as serious medical or family emergencies — while taking mission requirements and federal law into account.”
Rosso said there was no way for a state official — such as the governor or adjutant general — to issue the waiver.
“Any early release or temporary return would require approval through Department of Defense channels, typically at the Secretary of the Army or Secretary of Defense level,” he said. “These waivers are rare and only considered under extraordinary circumstances, such as serious medical issues, family emergencies, or extreme humanitarian situations.”
Dunbar’s chief of staff, Arielle Wiggin, said by email that it wasn’t clear until recently whether the commanding general of the U.S. Army’s V Corps — Lt. Gen. Charles Costanza — would grant the waiver.
Even with Dunbar’s attendance, it isn’t clear whether the governor’s budget veto will be overridden or sustained.
In a closed-door meeting shortly after issuing a proclamation that called the session, Dunleavy asked members of the House’s Republican minority caucus to stay away from the first five days of the special session, the period when the Alaska Constitution requires any override vote to take place.
The date of the special session also coincides with the National Conference of State Legislatures, which several lawmakers were expected to attend.
Other legislators were scheduled to work or attend family events during the period.
Since the governor’s announcement, many have said they will be canceling their plans in order to attend the special session. Sen. James Kaufman, R-Anchorage, will return from a trip to Vietnam, he said, and vote in favor of the override.
Some Republicans aligned with Dunleavy on the issue, including Reps. Jamie Allard, R-Eagle River, and Kevin McCabe, R-Big Lake, have said they will follow his wishes and stay away.
Of the 46 legislators who voted this spring to override the governor’s veto of the education funding formula, all but a handful have committed to supporting a budget veto override as well.
Rep. Dan Saddler, R-Eagle River, said he will attend the special session but declined to say how he would vote on the budget issue. House Minority Leader Mia Costello, R-Anchorage, said she has not made up her mind.
Republican Reps. Julie Coulombe and David Nelson of Anchorage, and Bill Elam of Nikiski, could not be reached by phone on Wednesday.
The governor’s legislative director is keeping close track of the number of potential “yes” and “no” votes for a veto override, and it is possible that the governor could cancel the special session.
After Dunbar’s announcement, Alaska Democratic Party chair Eric Croft issued a statement calling the timing of the Dunleavy-called special session “one of Dunleavy’s many dirty tricks.”
“There is nothing Dunleavy won’t try to further his anti-education political agenda, including taking advantage of a legislator’s active commitment to the military. We’re grateful for Senator Dunbar’s service to our country’s security and Alaska. If not for his dedication to his constituency, we may have seen our persistent efforts to fund education fail yet again,” Croft said.
Asked about Croft’s comments, Dunleavy spokesperson Jeff Turner reiterated a statement that Dunleavy made on July 2, when he declared that the special session would be devoted to education reform and an executive order creating the new Alaska Department of Agriculture.
“Enacting a few necessary reforms to our public education system can elevate those children struggling in Alaska’s school system,” Dunleavy said at the time. “As elected officials we must do all we can to put the next generation on the path to a successful and prosperous future, and that starts with a solid public education.”
