NOTN- A man in Juneau is facing assault charges after police say he threatened a neighbor with a handgun during a backyard dispute in the Mendenhall Valley.
Below is the full information release by JPD;
On Saturday, July 25, 2026, at approximately 7:16 p.m., the Juneau Police Department responded to a residence in the 3200 block of Tongass Boulevard following a report of an assault involving a firearm.
The preliminary investigation determined that an adult male suspect confronted another adult male in the victim’s backyard at his residence in the 3200 block of Tongass Boulevard following a verbal dispute. During the confrontation, the suspect allegedly threatened to shoot the victim while displaying a handgun. A physical struggle ensued, during which the victim was able to prevent the suspect from firing the weapon. The suspect then fled the area on foot with the firearm.
Through the investigation, officers identified the suspect as Hemaloto Fotu, 55, of Juneau, who was believed to have returned to his nearby residence in the 3200 block of Tongass Boulevard. Due to the nature of the incident and the belief that the suspect was armed, members of the Juneau Police Department’s Special Weapons and Tactics (SWAT) Team, Crisis Negotiation Team (CNT), and Drone Team responded to assist.
Using the loudspeaker on an armored vehicle, officers established communication with two occupants inside the residence—an adult female and a juvenile male. Both exited the residence without incident. Shortly afterward, officers deployed a drone inside the residence and located Fotu asleep in a bedroom. Fotu awoke to the sound of the drone and, after continued verbal commands from officers, exited the residence and was taken into custody without further incident.
During the subsequent search of the residence, investigators located a handgun believed to have been used during the assault.
Fotu was arrested and lodged at Lemon Creek Correctional Center on the following charges:
Assault in the Third Degree (a Class C Felony)
Assault in the 4th Degree (a Class A Misdemeanor)
This investigation remains ongoing. Anyone with information regarding this incident who has not yet spoken with investigators is encouraged to contact the Juneau Police Department at (907) 586-0600. Anonymous tips can also be submitted through Juneau Crime Line at www.juneaucrimeline.com
Campaign signs for Democrats Matt Schultz and Tom Begich are seen in a Midtown Anchorage yard on July 17, 2026. Schultz mounted his campaign to oust Republican U.S. Rep. Nick Begich. But he endorsed Nick’s uncle, Democratic gubernatorial candidate Tom Begich, a former state senator. Schultz suspended his campaign on July 17 and urged supporters to rally behind independent Bill Hill. (Photo by Yereth Rosen/Alaska Beacon)
On July 17, the leading Democratic candidate in Alaska’s U.S. House race suspended his campaign and announced his support for independent House candidate Bill Hill.
In an interview last week, Democrat Matt Schultz said his decision didn’t come from a lack of desire or a lack of support — it was simply a matter of money.
“One of the most disturbing things about the election process is how much … is determined by money, and I did not have a viable financial path forward,” Schultz said on July 17.
Schultz will remain on the ballot for the Aug. 18 statewide primary but is expected to withdraw after the results become final.
Campaign finance reports through June 30 showed Schultz’s campaign with $470,681 in cash on hand. Hill’s campaign had $702,626. Incumbent Republican Rep. Nick Begich’s campaign had more than $3.2 million.
Begich and Hill are also being boosted by third-party groups. In Hill’s case, Wheel Dog PAC is preparing to spend more than $1 million and has already sent mailers to voters across the state. The National Republican Congressional Committee and other groups are spending similarly to back Begich.
While Schultz has lagged in financial support, public opinion polling in the spring found him significantly ahead of Hill in Alaska’s top-four primary, but in head-to-head polling, Hill appeared to perform better against Begich than Schultz did. Neither polled ahead of Begich.
In Alaska’s election system, voters will pick one of the 14 U.S. House candidates during the Aug. 18 statewide primary. The top four vote-getters, regardless of party, advance to the general election.
“If I had made it through the primary, which — I think there’s a real good chance I would have been the the frontrunner — but I would not have had the the financial war chest required to take on Nick Begich, and the priority here is to make sure that Nick Begich does not get back into office,” Schultz said.
As a candidate, Schultz has been a solid progressive. Speaking to the Beacon and writing in a column to the Anchorage Daily News, he said he feels that some Democrats are too motivated to seek a political “middle,” even when it doesn’t make sense.
“I think that shifting to the middle is not inherently virtuous. When we think about history, there are issues like slavery or in World War II when the Nazi Party was on the rise — there’s no value in saying ‘let’s be a moderate and meet them in the middle and compromise,’” he said. “I think this is a time in history right now. The reason I was so motivated to flip the House of Representatives is because the Republican Party is pulling us into fascism. They’re attacking our democracy and handing over our freedom to billionaires and trillionaires. The stakes are so very high, and yet the folks on our side of the playing field here seem to be willing to kneel and beg for our rights instead of standing and demanding them, and I think that happened in my race as well.”
Alaska’s labor unions have backed Hill, as did the Alaska Center, a progressive environmental and pro-democracy group that hasn’t supported an independent for U.S. House since Alyse Galvin in 2020.
The Alaska Democratic Party itself declined to endorse Schultz during its April convention in Cordova, leaving open the possibility that it would support Hill instead of a party member.
The week before Schultz’s decision, the National Republican Campaign Committee signaled that it was preparing to run ads in favor of Schultz to boost his performance and help Begich.
Both Schultz and Hill released statements denouncing the strategy.
Under Alaska’s general-election system, voters are asked to rank their preferred candidates. The candidate with the lowest number of No. 1 votes is eliminated, and that candidate’s supporters have the option to give the vote to a second choice instead.
“Matt Schultz and the Alaska Democrat Party have been outspoken supporters for ranked choice voting, but when given the opportunity to present the public with their own candidate they chose to withdraw,” said Paul Smith, Begich’s campaign manager. “Despite raising nearly $1 million, making the case to progressives and traveling throughout the state, Democrats have proven that they support ranked choice voting only when it advantages them. Regardless, Alaskan voters will reject these political games and re-elect the most productive freshman Congressman on record, Congressman Nick Begich.”
Since 2022, when the system was used for the first time, statistics show that a significant number of voters have chosen to not rank a second or subsequent choice.
Hill and Schultz each said they believe that ads from the NRCC could have engendered bad feelings, reducing the odds that supporters would rank the other candidate.
Schultz said his top priority is ending Republican control of the U.S. House, and that holds whether or not he is elected.
“Once I recognized that I didn’t have a viable path forward, then it didn’t really matter what I’m being asked to sacrifice. I had to sacrifice (my candidacy) to make sure that we prevent that majority,” he said.
Reached by phone last week, Hill thanked Schultz.
“In his statement, he made it clear that it’s not about me or him. It’s about giving Alaskans the best chance to beat Nick Begich this fall,” he said.
“I think we’re both aligned on a lot of things that are not going right for Alaskans,” Hill said. “You look at things like, well, the cost of gas and groceries, the loss of health care to a lot of Alaskans who just can’t afford it with the loss of the (Affordable Care Act) premiums. There’s a lot of things that are going on in the House right now that are not benefiting Alaskans, and we definitely need to make sure that, in the long run, that there’s a change made there.”
One major difference between Hill and Schultz is that while Schultz sought to eliminate Republican control of the House, Hill is willing to join a Republican majority under certain circumstances.
“I am not committing to who I’m going to vote for (Speaker of the House, if elected), but I will tell you right up front that I’m not going to vote for Mike Johnson to be Speaker because he does not represent my values at all, and he has been the lead in doing things that have impacted Alaska negatively,” Hill said.
Asked what he will do to earn the votes of Schultz supporters, Hill said he understands that they may have concerns about his candidacy, “but I will assure them that I am there to make sure that we have a government that’s going to work on providing Alaskans with the opportunities and tools needed to build good lives, and that means things like making sure everybody has health care, to make sure that our school systems are good and solid, and providing the education that our that our children need.”
Photo courtesy of Peter Metcalfe via his Facebook post
NOTN- Residents living near the Governor’s Mansion are calling on city officials to address their safety concerns surrounding an “armed encampment” following an incident earlier this month where a young black bear was shot and later euthanized by the Department of Fish and Game due to its fatal injuries.
According to a post on the Juneau Community Collective, concerned residents living above Capital Avenue have sent a letter to the City and Borough of Juneau and nearby property owners saying the July 9 incident has prompted renewed concerns about conditions at the encampment.
The post described the site as an “armed encampment” and said residents are seeking a long-term solution to what they say are ongoing public safety issues and “outrages’ in the neighborhood.
Residents are asking others who have witnessed incidents associated with the encampment to come forward.
Below is the full letter written by Peter Metcalfe with the exclusion of addresses and personal information for resident’s privacy.
To the officials and offices named above:
The encampment on Capital Avenue, a longtime obnoxious nuisance, has become a threat to public safety.
Earlier this month, a person living in that camp shot a young black bear that was up a tree at the edge of the encampment. The animal was grievously wounded, and a Fish and Game officer had to track it down to put the young bear out of its misery.
The shots that wounded the bear were fired upward, likely toward the Fosbee, a 30-unit apartment building directly above the site. The apartment building is in our densely populated Governor’s Mansion neighborhood.
We live directly across from the Fosbee Apartments. We ask that the squatter camp on Capital Ave. be removed before someone is seriously hurt.
According to the CBJ Parcel Viewer, this encampment is on city land and shares boundaries with property owned by AEL&P, the Central Council, and a privately owned parcel (701 Capital Ave). All these properties are adversely affected by the encampment and its widely scattered piles of garbage, which are irresistible to bears.
This did not come out of nowhere. For years, the camp has created conditions no neighborhood should have to endure: clouds of toxic smoke, garbage piles measured by the truckload, and human and household waste left directly on the ground. Discarded hypodermic needles litter the area around the camp and have been dragged with other refuse by bears into the surrounding neighborhood, presenting hazards to people, pets, and wildlife.
When one of us stopped by to ask two of the occupants about the toxic smoke, their twitchy behavior was consistent with heavy methamphetamine or similar stimulant use.
Frequently, in the pre-dawn hours, residents are woken by disturbances from the site, where drugs are used openly and what appear to be drug sales occur. Now that we know the people in this camp are armed and willing to fire weapons with no regard for who is nearby, we have reason to fear for our safety.
Since the encampment is on city-owned property, CBJ clearly has the authority and responsibility to act, and its ownership removes any question of deferring to another party. The city’s own guidance calls for intervention once an encampment repeatedly harms the surrounding community, with trash accumulation and open drug use named as the triggers. This camp crossed that line years ago and has now escalated to gunfire toward occupied homes. Recent court decisions have also made clear that CBJ may enforce limits on camping on public land, so this is well within its authority.
Clearing the camp by itself will not fix this. The city has collaborated with AEL&P to remove encampments like this that have crossed the line, and with the Central Council to clean up this site.
We are now asking the city, through the Division of Lands & Resources and the Police Department, to clear the Capital Avenue camp, clean up the site, and then secure the area against re-encampment so that this stops being a recurring hazard, and to coordinate any support services the occupants may need as part of that process.
Photographs documenting current conditions at the site are attached to this letter.
We would appreciate a written response identifying who is handling this matter and what will be done. Thank you for your attention to a serious hazard in the heart of our community.
Respectfully,
Sandra and Peter Metcalfe, and on behalf of the following residents of the Governor’s Mansion neighborhood.
Michelle Sparck (center) poses for a photo with Bering Straits Native Corporation summer interns in Nome on July 20, 2026 during a voter outreach trip. (Photo courtesy of Michelle Sparck)
A Native-led voter mobilization group is working to boost Alaska Native voter education and turnout this election season.
Get Out the Native Vote is a non-partisan effort now underway to reach voters across the state’s vast and varied geography and get them to cast ballots in the primary elections on August 18 and the midterm elections on November 3.
Alaska Native voters make up roughly one in four Alaskan voters, said Michelle Sparck, director of the initiative, who is Cup’ik from the Southwest village of Chevak. She said part of voter education is raising awareness of when Alaska Native voters came out in force and reached a peak voter turnout of 66% in 1982. Some regions had nearly 80% voter turnout, Sparck said. That’s when decisions on subsistence policy, abortion and moving the Alaska State Capitol from Juneau were on the ballot.
“I call it the birth of the Alaska Native super voter. That generation made it a cultural value,” she said. “With that political capital that the 1980s generation built, they were able to own their sovereignty and self-determination tools.”
An Alaska voter drops their ballot into a ballot box on Nov. 1, 2024, in Anchorage City Hall. (Photo by Andrew Kitchenman/Alaska Beacon)
But voter turnout has declined significantly in the decades since. In the last election in 2024, 30% of Alaska Native voters cast their ballots. That meant Alaska Native voters made up 11% of state voters, according to data compiled by Sparck.
The mission of the campaign is to turn that decline around and reach historic highs again.
“This is what we’re capable of, and this is what this is our potential, and and I’m so excited to hold the mirror up to the communities because a lot of them really just had no idea what their performance is over the last, you know, 40-some years,” Sparck said.
“The challenge to the community is to say: own our power. We need to get out and vote,” she said. “Not should we go out and vote, we should make informed decisions.”
Get Out the Native Vote is supported by a partnership between the Alaska Federation of Natives, First Nations Institute and Cook Inlet Tribal Council with some funding from private foundations and the Carter Center, which was founded by former President Jimmy Carter. The campaign is collaborating with local, state and Tribal governments; regional Native corporations, organizations and service providers; schools; prisons and community groups to host voter education and outreach events around the state. Sparck spoke on a video call on Tuesday after returning from a voter outreach visit in Nome, and before heading to visit Utqiagvik, then the coastal community of Wainwright.
The August 18 primary falls within the summer subsistence fishing season, which is challenging for many people to find time to vote, Sparck said, but she’s found a helpful analogy.
“We’ve realized that if we describe primaries like basketball regionals, light bulbs go off their heads,” she said, smiling. “You have to win at regionals in order to make it to state. So a lot of people now know what primaries mean.”
Spark said 131 voting precincts in the state, more than a quarter, rely entirely on the U.S. Postal Service and air carriers to receive and mail their ballots.
Get Out the Native Vote working to make sure post offices are staffed, and helping the Alaska Division of Elections to recruit staff and volunteers so that each precinct has elections workers, bilingual poll workers and outreach workers to help with Native language translations. Sparck is also finding youth volunteers for a “Youth at the Booth” program, whose goal is to have two 17 and 18 year old volunteers assist at polling places and learn about elections in the process.
Particularly in the Arctic, the initiative is partnering with the North Slope Borough and local community leaders to make sure all precincts are staffed and open, in hopes of avoiding repeats of past election years where rural residents could not vote due to issues with staffing poll workers. In 2024, polling stations in rural villages of Wales and Kaktovik never opened. In Northwest and Western Alaska, voting hours were reduced in Marshall, Shaktoolik,Diomede and Kobuk. Primary ballots arrived late in at least 14 other Native villages.
“I get a lot of (precinct) chairs calling me before an election saying, ‘I don’t think I can do this.’ And we’re like, ‘You can do this. Your community can’t vote without you,’” she said. The organization’s goal is to have a well-staffed polling station in each village.
Alaska Native communities have also had the highest rates of rejected ballots, according to the Alaska Federation of Natives. One of the main issues is an incomplete witness signature on the ballot. In 2022, one in eight rural mail-in ballots were rejected, totalling more than 7,500 ballots rejected from rural Alaska.
A bipartisan elections bill that would have removed the witness signature requirement, among many other measures aimed at improving voting access, passed the Alaska State Legislature this year, but Gov. Mike Dunleavy vetoed it.
An 18 year old Ahtna shareholder registers to vote at a Get Out the Native Vote event at their Convention in June 2026 in Glennallen. (Photo courtesy of Michelle Sparck)
Between now and November, the campaign is working to distribute voter information, with guides on how to register, cast a ballot and find more information on state and federal candidates.
“So we’re trying to make things easier, but we’re building the plane as we’re flying it,” Sparck said. “You know, it’s still a work in progress, and we’re glad to have the alliances we have.”
This year, the annual Alaska Federation of Natives convention, where thousands of people from across the state convene in Anchorage, will be held one week later than usual to accommodate early voting at City Hall across the street. “So we’re excited that we’re going to have an ability to send people across the street to go vote or drop off their absentee ballots,” Sparck said.
The campaign is planning to hold voter outreach events in Alaska Department of Corrections facilities where roughly 40% of incarcerated people awaiting trial and sentencing are eligible to vote. Organizers are also working with service provider organizations to reach people who are unhoused or housing insecure, as well as foster youth who are turning 18, and inform them about their voting rights.
“We try to recognize every avenue to access voters, and especially those that are low propensity or disenfranchised. We try to meet their needs in every way, so it doesn’t mean we’re doing it 24/7, but it means we are trying to dedicate time and create the allyship and coordination with organizations that are more intimate with those groups to to best deliver that,” she said.
Get Out The Native Vote shares outreach events and regional voting updates on their Facebook page, and website at aknativevote.com.
Michelle Sparck (left) and Get Out the Native Vote volunteers smile at a tabling event in Bethel. (Photo courtesy of Michelle Sparck)
CBJ- The City and Borough of Juneau Flood Information Hotline is now available during weekdays. Residents can call the hotline with non-emergency questions and concerns related to the 2026 glacial lake outburst flood. The hotline is available at 907-500-0890 on Mondays through Fridays from 9 a.m. to 4 p.m.
Once Suicide Basin is filled, the hotline will extend operating hours to include Saturdays and Sundays from 9 a.m. to 4 p.m. Once release has begun – and a wireless emergency alert text message goes out – the hotline will move to 24/7 operations through the event.
Wooden gavel with books in background. Law and justice concept
By: James Brooks, Alaska Beacon
Wooden gavel with books in background. Courtesy of Alaska Beacon.
Two of Alaska’s largest labor organizations have sued Gov. Mike Dunleavy for failing to promptly fill two seats on the board that governs the state’s public employee pension plans.
The Alaska AFL-CIO, National Education Association-Alaska and five individuals filed suit Wednesday in Anchorage Superior Court, seeking a court order that would require the governor to fill seats on the Alaska Retirement Management Board that are designated for the teachers’ and public employees’ unions.
According to the complaint, the seats have been vacant since March 1. The unions sent lists of possible nominees to the governor four months before that, on Dec. 1.
Under state law, “a vacancy on the board of trustees shall be promptly filled.”
The unions sent a warning letter to the governor’s office in late May about the issue.
Stephen Cox, the attorney general designee whose confirmation was rejected by the Alaska Legislature this year, responded to the message. Now working as Counsel to the Governor, Cox said the law reserving seats for the unions “warrants further analysis, as it potentially encroaches upon the Governor’s constitutional appointment authority.”
Cox said the governor will be requesting a formal legal opinion from acting Attorney General Cori Mills.
“The administration does not comment on lawsuits,” said Jeff Turner, the governor’s communications director, when reached for comment.
The Beacon contacted the Department of Law on Monday afternoon as well, seeking comment about the lawsuit. It did not respond by 8 a.m. the following day.
The plaintiffs are being represented by attorney Scott Kendall, who has frequently fought cases against the Dunleavy administration.
By phone on Monday afternoon, Kendall said the issue is “very important” because the board handles billions of dollars’ worth of investments on behalf of state residents.
Two board meetings have already taken place without union representatives.
“This isn’t the, ‘Oops, this slipped through the cracks sort of issue.’ The new nominees were put forward by both unions three months before the prior terms expired. Those filings were acknowledged by the Department of Revenue, which handles this. So everything was done timely,” he said.
In the complaint, the plaintiffs state that if the issue goes to trial, Cox should not have a role because state law requires the Department of Law — through staff attorneys or hired counsel — to represent the state in legal issues.
Kendall said the legality of laws constraining a governor’s appointment powers have been repeatedly tried in court and upheld.
“To be honest, it’s befuddling. There’s a very clear statute. There’s a very clear regulation. They say these people shall be appointed promptly, and they shall be from lists from these two groups,” he said. “So I think it’s quite honestly bizarre that we’re even in this situation, but here we are nonetheless.”
A summary sheet is seen during ballot review on Tuesday, Aug. 27, 2024, at the headquarters of the Alaska Division of Elections in Juneau. (Photo by James Brooks/Alaska Beacon)
By: James Brooks, Alaska Beacon
A summary sheet is seen during ballot review on Tuesday, Aug. 27, 2024, at the headquarters of the Alaska Division of Elections in Juneau. (Photo by James Brooks/Alaska Beacon)
The first two votes in Alaska’s Aug. 18 primary election have already been cast.
According to records published by the absentee and petition office of the Alaska Division of Elections, two voters — one in South Carolina and another in Hawaii — returned their ballots on July 17.
Thousands more voters will cast their ballots in the coming weeks. Absentee ballots were mailed to overseas and military voters starting July 2, and absentee ballots will start going out to the general public on July 24. Early in-person voting starts Aug. 3.
In the primary, voters will pick one candidate for each office. The top four vote-getters for each race, regardless of party, will advance to the general election on Nov. 3.
If there are four or fewer candidates running for a particular office, all candidates advance to the general election.
For Alaska’s statewide races, that isn’t an issue. There are 17 people running for governor, each running on a combined ticket with a lieutenant governor candidate:
If one of the top four finishers withdraws from the race, they are automatically replaced with the fifth-place finisher. If there are multiple withdrawals, the replacement process continues until there are four candidates.
Registration for the primary election has closed, but Alaskans may register for the general election until Oct. 4. Residents can check their voter registration at myvoterportal.alaska.gov.
Juneau police are investigating after human remains were discovered Sunday evening at a residence in the 6500 block of Glacier Highway. Officers responded after someone cleaning out the property of a deceased family member reported finding what appeared to be human remains inside a chest freezer in a locked outbuilding.
Below is the full press release.
JPD/CBJ- On Sunday, July 19, 2026, at approximately 7:59 p.m., the Juneau Police Department responded to a residence in the 6500 block of Glacier Highway following a report of possible human remains discovered on the property.
The reporting party advised officers they had been cleaning out the residence following the death of a family member when they located what appeared to be human remains inside a chest freezer in a locked outbuilding on the property.
Officers responded and confirmed the presence of deceased human remains. A preliminary identification has been made, and investigators believe the remains may be those of an adult male family member. Next of kin has been notified. Positive identification is pending confirmation by the State Medical Examiner’s Office.
The length of time the remains have been in the freezer is unknown. Investigators have determined that no missing person’s report related to the deceased was ever filed with the Juneau Police Department.
The remains have been transported to the State Medical Examiner’s Office, where an autopsy will be conducted to confirm the identity of the deceased and determine the cause and manner of death.
At this stage of the investigation, there is no known threat to the public. The investigation remains active and ongoing.
Anyone with information that may assist investigators is encouraged to contact the Juneau Police Department at (907) 586-0600. Those wishing to remain anonymous may submit tips through Juneau Crime Line at www.juneaucrimeline.com.
NOTN- Eaglecrest Ski Area is off the mountain tonight with a new “Christmas in July” event downtown.
Director of Snow Sports Erin Lupro said the event will run this evening from 4–7 p.m. at Deckhand Dave’s food truck area, featuring live music from Steady Goin’ from 5–7 p.m., festive decorations and on-site season pass sales.
“If you do buy your pass at the event, we will give you an ornament to put into a box of your choice to win a Christmas present, and if you buy your season pass at the event, you have an option to pick a present that you might like. It varies from some Eaglecrest swag, of course, all the way up to, we might have a helicopter ride in one of those boxes.”
July is the only month Eaglecrest offers a payment plan for season passes, with installments stretching through October.
On the operations side, Lupro said the ski area is coming out of a “rough budget cycle” but has now begun winter hiring for lift operators, rental shop staff and instructors, with many returning employees retained.
Opening day is set for Dec. 12, with 87 operating days planned, “pretty much a copy-paste” of last winter, she said.
“The beginning of last season was a little rough, both for the community and for the staff because we want the same thing as the community. We want to be able to provide what is so much fun for all of us. So this winter, I know it’s the big elephant in the room. What will Eaglecrest be doing? We were able to work through the budget, and the only change is we have a small window in February where we’re open from 9:00 until 3:00 a little bit longer, and then switch to 4:00. So that’s the only difference that we made to the calendar for this operational season.” Lupro said.
Former Eaglecrest staffer Julie Jackson Piper will return as general manager on Aug. 31.
Fishing boats in the Robert E. Galovin Small Boat Harbor in Sand Point are seen on Aug 7, 2025, before heading out to the Area M fishery. (Photo by Theo Greenly)
A legislative audit committee instructed the state auditor to investigate the past three years of process and legal compliance of the board tasked with developing policy and managing Alaska’s fisheries.
Rep. Louise Stutes, R-Kodiak and chair of the House Fisheries Committee, made the request for the special audit of the Alaska Board of Fisheries. The bicameral Legislative Audit and Budget Committee approved it at a hearing on Thursday.
Rep. Louise Stutes, R-Kodiak, speaks on the House floor on the last day of the regular legislative session on May 20, 2026. (Photo by Corinne Smith/Alaska Beacon)
“The breadth and frequency of stakeholder complaints about the Board’s process make it clear the Board has lost the public’s trust. As Chair of the House Fisheries Committee, I am compelled to act,” Stutes wrote.
She said the board has been “increasingly characterized as lacking transparency, unethical, and/or unlawful.”
The seven-member Board of Fisheries is appointed by Gov. Mike Dunleavy and confirmed by the Legislature. Each member serves a three year term. The legislative audit committee authorized an examination of the board’s activity from an Oct 12, 2023 meeting through July 1 of this year.
In a letter requesting the audit, Stutes cited concern that board members have “ethical impairments,” and pointed to recent action by the Acting Attorney General Cori Mills overruling the board’s decision to implement some fishing restrictions in an Aleutian Island fishery, Area M, as evidence.
In an unusual move, Mills stepped in and voided the regulations passed by the Board of Fish in February that implemented restrictions on the Area M fishery to allow more salmon to pass through to Western Alaska spawning streams. Area M has been the center of years of fierce debate and growing concerns from subsistence and Tribal communities in Western Alaska, where salmon runs have reached crisis lows.
Following the board’s February action, Aleutian fishing groups, local and Tribal governments filed ethics complaints against several board members citing conflicts of interest, then a lawsuit challenging the board’s action. The acting attorney general voided the decision in May. In response to that action — and in support of Western Alaska subsistence and Tribal communities — advocates filed a motion to reconsider that challenged the Attorney General’s authority to void the regulation changes and asked a court to review the decision. A judge denied the request.
The Board of Fish’s chair did not respond to a request for comment on the audit on Monday.
On Monday, a spokesperson for the Alaska Department of Law said that following the Attorney General’s disapproval memo, the board has an opportunity to reconsider the regulations to the Area M fishery “as long as they conform to the proper process.”
“In general, disapproval memos are rare as we are normally able to work with the respective state agencies throughout the regulations process and ensure the regulations comply with all necessary statutory requirements,” said Sam Curtis, a public information officer with the department. “In this case, the Department of Law took action pursuant to the Ethics Act and those proceedings are confidential by law. We cannot disclose any further information.”
Legislative committee approves the audit request
In the hearing on Thursday, Sen. Scott Kawaki, D-Fairbanks questioned the motives of the special audit request. He said claims that the board actions lacked transparency or were unethical were “rather inflammatory.”
“I want to make sure that the request is targeted at the board process and whether the processes are being adhered to, and so it’s not an opinion,” he said. “If there’s a disagreement, you can litigate and you can go to Superior Court, and that seems like that process should be separate.”
Stutes told the twelve House and Senate committee members present that the audit would focus on the board’s process and procedures only, not actions taken by the board.
“We’re not addressing any decisions that have been made by the Board of Fish. Our intent through this audit is to address the process in which these decisions are being made,” Stutes said.
Kris Curtis, a Legislative Auditor for the state and that leads the Division of Legislative Audit told lawmakers at the hearing that her office has extensive experience auditing state boards — including the Board of Fish and the Board of Game — and that the state audit would adhere to the criteria outlined in the request. That includes compliance with fisheries regulations and statutes, public notice and comment requirements and compliance with the Administrative Procedure Act and Executive Branch Ethics Act.
“We conduct all of our audits in accordance with auditing standards that require that we maintain our independence, both in fact and appearance. I have no concerns about that,” Curtis said. “To be able to address these objectives using objective criteria, we will gather sufficient, appropriate evidence, like we always do for every performance audit we issue, and we will come back to the committee with an independent, objective report.”
Curtis replied to lawmakers’ questions about the Attorney General’s decision by saying it would be evaluated by auditors.
“The answer is absolutely,” she said. “It’s informative. It’s factual. If we didn’t, we would be deficient. We will also be collecting other evidence. We will be having interviews. We’ll be reaching out to stakeholders. We’ll be examining meeting meetings. We’ll be looking at meeting minutes. We’ll be looking at the process. We’ll be doing all kinds of audit procedures.”
Sen. Bill Wielechowski, D-Anchorage, asked her what would happen if auditors found the Attorney General acted improperly.
Curtis said her office would assess the case law cited in the decision. “If I found the Attorney General acted inappropriately, I would have to probably consult legislative, legal or outside counsel, depending on the subject and whatever we’re looking at, to inform us, the legislative audit team, about what decision they made. It’s not uncommon to seek additional legal advice when evaluating something,” she said.
House Speaker Bryce Edgmon, I-Dillingham, and a former commercial fisherman, acknowledged that the Board of Fish has often drawn criticism and controversy.
“You’ve audited just about every moving thing out there, if I recall, as a long-term legislator, and this issue is always going to be controversial,” he said. “There is a lot of concern out there on a number of fronts about the Board of Fisheries, as there always is.”
Edgmon noted that the auditors’ recommendations can be taken up by the Legislature if needed.
Curtis said auditors will work closely with the Board of Fish, who will have an opportunity to respond to the audits’ findings and recommendations. With the committee’s approval, Curtis said her office will likely begin the audit investigation in August and complete its work in four to six months.
