2010 Hanshew Middle School Band

Not many people in political circles know that I credit music with saving my life.

I started playing the piano when I was six-years-old. I often kicked and screamed about practicing, but my mother was determined and I continued through my entire school career.

In sixth grade, I discovered the snare drum and concert band. I absolutely loved playing music with a group. That was around the time that I discovered that music was an escape from the insanity of my life at home.

Unfortunately in high school, I discovered that drugs and alcohol provided a different kind of escape. I dropped out of any band activity, though I continued with piano. My grades plummeted and it became clear that with only a 2.5 GPA junior year, I wouldn’t be getting into a decent college…

…until I started auditioning as a piano major. Suddenly, I was accepted at schools we couldn’t afford, like Temple University and Berkley School of Music. I received some modest scholarships to a couple of smaller schools but ended up going back home to Ohio and The University of Dayton. It was there that I truly fell in love with their much-touted marching band and was a member all four years. My membership in that band was my lifeline at a time when I was sinking deeper into alcoholism and depression.

When I made it to Alaska and sobriety, music reclaimed me. I even made a very tiny living for several years in the Anchorage music scene. Those were some of the best years of my life.

Music has now come full circle in my family. Morrigan took piano lessons for awhile. However, when a music teacher in grade school taught the kids to play penny whistle, we discovered that my daughter had a knack for the woodwinds. She started on the clarinet in sixth grade band and after only a couple of months, auditioned and was accepted into the Honor Band.

While the idea that music enhances math skills has been long claimed, recent studies show a more direct correlation between music and algebra:

Helmrich divided the students into three groups: Those who had received formal instruction on a musical instrument during the sixth, seventh and eighth grades; those who received choral instruction during those same years; and those who received no formal musical training.

She found the students who studied music significantly outperformed their peers. “Formal instrumental instruction impacted algebra scores the most,” she reports. “Choral instruction also affected scores, but to a lesser extent.”

From our experience, my husband and I noticed that as our daughter started to learn clarinet in sixth grade, she began to struggle less with her algebra assignments. Now, she’s two-years ahead in mathematics.

The video below is of the 2010 “Sonic Boom,” the end-of-the-year mass-performance of all sixth grade bands in the Anchorage School District.

If Governor Sean Parnell and Mayor Dan Sullivan have their way, this long-time Anchorage tradition may disappear, along with the entire sixth-grade music program.

Per the Anchorage Symphony website:

We learned that last week the ASD Music Supervisor received a request for information from a school board member about the potential cost savings if 6th grade band and orchestra were to be eliminated.

The school board will have its final reading of and will be voting on the ASD budget on Thursday, Feb. 9, starting at 5:00 p.m. in the ASD Education Center Board room.

We can express our opinions regarding the importance of 6th Grade Band and Orchestra in the following ways:

1. Call or email the school board. To email the school board, send one message to SchoolBoard@asdk12.org and all seven members will receive it.
2. Testify at the Feb. 9 meeting. People can sign up to testify via the same email address or can call 742-4312. Testimony is taken in the order received.
3. Attend the meeting [5530 E Northern Lights Blvd, Anchorage] to show support for music education. Please wear concert dress or all black.

The most important message is children must start an instrument early in life; middle school is too late. Personal stories have a big impact, especially from young people. This program has been cut over the years. Students used to start instrumental music in 4th grade, then the program was cut to starting in 5th grade and several years ago the program was cut to a 6th grade start. This year, 91% of ASD 6th graders are taking band and orchestra!

Remember: in order to testify at a School Board meeting, you must sign up with the Superintendent’s Office to testify at the meeting any time before 5:30 p.m., or one hour prior to the start of the meeting, whichever is earlier.

Cutting the sixth grade music program is just the latest of the bad possibilities from a school board that is desperate to find a solution that is least hurtful to the least number of students. If there is no increase in funding, the prospects are bleak. Those of you who read The Mudflats know that we’ve been spending quite a bit of time explaining what is happening to education in Alaska. We’ve told you about the several $$ million in outrageous fees Mayor Dan Sullivan has tacked on to the Anchorage School District and how he refuses to tax to the property tax cap. We’ve shared in several posts about Governor Parnell’s severe underfunding of the Department of Education in the budget currently before the Alaska Legislature. We’ve also described the horrible cuts the Anchorage School District is facing.

It is very, very important for folks to attend the Anchorage School Board Meeting and let their voices be heard. However, that MUST be followed up by contacting Governor Sean Parnell, Mayor Dan Sullivan, the Anchorage Assembly Members and the Alaska State Senators and Legislators. They must be told how important Alaska’s public schools are on a personal level.

I’ll see you on Thursday!

**UPDATE** (NOTE: There is no official action on the table at this time to cut 6th grade band/orchestra programs. The concern of music teachers/parents/musicians across the city comes from the fact that a member of the Anchorage School Board requested information as to the cost of the programs and currently, the Board is trying to figure out what cuts to make. When you testify Thursday, realize the Anchorage School Board is not the villain. Anger and frustration over the budget situation must be directed constructively (in a civilized way) at Governor Sean Parnell, Mayor Dan Sullivan, the Anchorage Assembly Members and the Alaska State Senators and Legislators. They are the ones who hold the purse strings.)

Friday, there was a press conference at which five former mayors of Anchorage pledged their support to the One Anchorage Voter Initiative–one that will provide the same legal protections to gay and transgender folks in employment, housing, finances and business that other folks already receive.

Per the press release:

The bipartisan group consists of:

US Senator Mark Begich;
former Alaska Governor Tony Knowles;
former Mayor Rick Mystrom;
former Mayor Jack Roderick, and
former Mayor Matt Claman.

“Across the nation, you see more and more communities passing similar laws because it’s the right thing to do,” said Senator Begich. “I am proud to see Anchorage take a stand and ensure that the city’s laws protect everyone fairly and equally.”

“This initiative is about giving all Anchorage residents the same legal protections,” said Former Governor Knowles. “I believe that if someone works hard and plays by the rules, they should be given a fair shake to earn a paycheck and put a roof over their family’s head.”

“When I talk with new minority residents of Anchorage, I often hear them talk about how welcoming and tolerant our city is,” said former Mayor Rick Mystrom. “As a former Mayor of Anchorage I’m proud of that and as an owner and operator of apartment buildings in Anchorage, this amendment is consistent with my beliefs and my company’s practices.”

The issues of fair hiring practices and equal housing trancend partisan politics among most reasonable people of all political persuasions.

Unfortunately, we have a group of well-funded unreasonable folks in this city as well.

As Mudflats has previously reported, Jim Minnery and the Alaska Family Council seem to be actively fundraising based on deliberate misinformation. They are also receiving expensive help from outside Alaska in the form of Religious Right legal group the Alliance Defense Fund that is mischaracterizing the initiative as a threat to religious freedom. Non-partisan Alaska employment law experts disagree.

For the religious right in Alaska, this is only the beginning. However, we have a very exciting solution!

To commemorate the 35 years that LGBT folks in Anchorage have been trying to get equal rights, One Anchorage launched a fundraising event called the 35/35/35 project. The campaign has been asking 35 supporters to then ask 35 of their friends to give $35.00 each.

The Mudflats One Anchorage Donation Page is RIGHT HERE!

Here at Mudflats, we decided to pool our Mudflatters, our Facebook pages and our Twitter followers to take it a step further…we would like to raise the equivalent amount to 350 of you donating $35.00 each!

You can find the Mudflats/One Anchorage Donation Page HERE!

If you can’t donate $35.00, give whatever you can. Our goal is $12,250.00 and I absolutely believe that we can do it! Equal rights for all is too important!

Please donate to The Mudflats/One Anchorage Donation Page!

Thank you all for your support and encouragement and don’t forget the most important thing of all…vote for equal rights on April 3rd!

Last school year, I wrote a post about the proposed cuts in the Anchorage School District budget and how they would affect a family of a middle school student. It was then I became aware of the outrageous fees Mayor Dan Sullivan was charging the school district–for example: 100% of the salaries and benefits of those Anchorage Police–called Resource Officers–who only service the School District about 70% of the time. I tried to show how they were taking millions of dollars away from our kids. (Note: As of this week, these fees have not changed.)

Sadly, this week Jeanne wrote a post about this year’s cuts. They are much worse than last year and are precipitated by both Governor Parnell’s under-funding as well as Mayor Sullivan’s refusal to tax to the cap.

But it’s not just Anchorage that is suffering. Fairbanks, Juneau and many smaller and more rural schools are in deep trouble if things don’t change. The worst part: this is all orchestrated as part of a larger and more national attack on public education. Alaska is just next-in-line.

For over a year now, I’ve watched how the anti-public school drama has played out in Alaska on multiple fronts. From the Municipality of Anchorage to the Legislature to the Governor’s Office to outside organizations, the forces at work are performing a complex dance in multiple venues…a dance that is impossible to follow unless one is a complete research nerd (and then, only tenuously). I’ve wanted to write about it all in that context…I’ve started a number of posts. However, I haven’t been able to figure out how to present it. I started writing a list, like an outline…

…and realized that was the best way to start.

So here is a list of the characters in this drama and the means they are using to achieve their agenda — a summary of their activities so far. Jeanne and I will be writing multiple posts in the future on these education issues. This gives you a place to look up the various characters and refresh your memory about their place in the story.

Disclaimer: I want to emphasize that while the characters supporting these false “reforms” in Alaska seem to be Republican, the issue is not a partisan one. From what I can see, the majority of Alaska’s Republican Legislators are not yet “sold” on this bill of goods and are more than happy to receive input from their constituents.

The problem: Like every other Alaska issue, these strategies are generally pushed forward by those religious ideologues and/or those beholden to businesses/corporations who want privatization across-the-board. These businesses/corporations who are pushing this “education reform” agenda can do so with tons of money and the help of friendly politicians. We must contact our State Senators and Representatives to counter any misinformation. I hope this and future posts help you to do that.

Leading the attack:

– Governor Sean Parnell — I covered some of the issues with the Governor at the beginning and discuss his budget below. Since the election, Governor Parnell has truly shown his religious extremist leanings and tea party philosophy, which includes a strong “Christian” influence in the interpretation of law. An alarming number of his appointees also seem to reflect his beliefs.

– Representative Wes Keller — Originally appointed by Sarah Palin to fill a vacancy in the Legislature, Mr. Keller is a religious extremist and tea partier through-and-through. He is a state chairman for the American Legislative Exchange Council (ALEC) Mr. Keller is the sponsor/creator of House Bill 145 and House Joint Resolution 16 (see below) with some help from ALEC’s “model bills.”

– Senator Fred Dyson — He wasn’t appointed by Palin but “ditto” to everything else. Dyson is sponsor of the companion legislation in the Senate, SB 106 and he attended the ALEC Conference with Keller last year.

– ALEC — A slightly re-worded summary from Pro Publica — I encourage you to follow the link and read the entire post: “For decades, a discreet nonprofit called the American Legislative Exchange Council, or ALEC has brought together state legislators and corporate representatives to produce business-friendly “model” legislation. These “model” bills form the basis of hundreds of pieces of legislation each year, and they often end up as laws.”

– The Friedman Foundation — Per the Nation: “For most of the half-century since economist Milton Friedman first advanced the idea of school vouchers, it’s been the ultimate weapon in our educational debates, always ticking just under the surface, never quite going off. But after last November’s Republican statehouse victories, the right, sometimes abetted by Democrats and liberals, has brought back vouchers and school privatization with a vengeance.”

The Foundation has been heavily involved in most of those voucher battles across the country. As I will discuss below, they have turned their sites on Alaska by conducting a poll of residents regarding school vouchers.

– Mayor Dan Sullivan — I have recapped some of the Mayor’s anti-education moves at the beginning of this post and Mudflats as a whole has covered many more. His “Education Summit” is ongoing and I discuss it below.

– Jim Minnery–Minnery’s Alaska Family Council lists “School Choice” as one of their top issues. Minnery has been a proponent of changing the AK Constitution in order to use State money for religious education since back in 2008, as this email between Gov. Sarah Palin and then Atty General Talis Coleberg shows.

– The Catholic Archdiocese of Anchorage It’s not hard to guess the motivation behind the Archdiocese’s push for school vouchers, as reflected in the “Catholic Anchor.” A story in the Chicago Tribune on what the results of Indiana’s voucher program revealed: “…Just as backers had hoped and opponents feared, a new statewide school voucher program in Indiana is draining money from public education and offering new life to struggling parochial schools.” My understanding is that the economy has taken a serious toll on the enrollment in parochial (as well as private) schools in the state. Last year, one of them had a Senior graduating class of three. These schools may be counting on our State money to keep them afloat.

– KIPP Charter Schools — I included KIPP on this list even though their only actual appearance in the state was in the form of Dr. Mike Feinberg, who taught 5th grade for three whole years with Teach For America and then founded the “Knowledge Is Power Program” (KIPP) Charter Schools. The reason I list them is because the presentation by Feinberg at the Education Summit (third video, first speaker after Superintendent Comeau) sounded like he was trying to sell a Veg-O-Matic or a set of Ginsu knives rather than inform a group about education alternatives. And it makes sense…Alaska is a rich oil state with a surplus when most other states have deficits. You could almost see the man drooling.

The Artillery:

– Governor Parnell’s Operating Budget (HB 284 — starting on page 8) — The Governor promised that his budget was a “full funding of K-12 Education”. In actuality, the budget doesn’t even cover inflation (which averaged 3.16% in 2011) and now has school districts across the state scrambling to cut much-needed programs. How much of a slap-in-the face was it to K-12 Education in Alaska? The “Teaching and Learning” line-item in the Department of Education budget makes up the bulk of the money shared by every school district in Alaska. If the budget stays as-is, Alaska schools will receive a little over $237 million this year…an increase of about $3 million from last year or about 1.3%. However, the Office of the Governor “Executive Office” line-item (which includes the Governor’s Staff) will be receiving over $13 million this year — an increase of almost $2 million or over 13%!

– House Joint Resolution (HJR) 16 — A resolution which, if passed, would place an amendment to the Constitution on the ballot, allowing for public (education) money to go for a “public purpose.” According to the text of the resolution, it still specifically does NOT allow state money to go towards private or religious institutions. However, it DOES seem geared to allow state funds for privatized education. Also, I have been told of one more possibility (which will require more research)…it could leave open the option of a for-profit business that owns a religious school receiving funds. From Wes Keller’s Sponsor Statement:

HJR 16 opens some of these doors for both public and private education by allowing the release of funds to more than just public schools. This Constitutional Amendment allows those students seeking to excel in secondary and post secondary education to attend a school that meets their needs.

Like I said…more research…

– House Bill (HB) 145 (Senate companion bill SB 106) — Titled the same as the ALEC template voucher bill, HB145 is intended to establish: “…the parental choice scholarship program to be administered by school districts for the purpose of paying the cost of attending grades kindergarten through 12 at public and private schools…” In other words, it will establish school vouchers with State of Alaska money.

At this time, it suffers from some major drawbacks:

1) It’s unconstitutional per Article 7 Section 1 a) State money cannot be used to fund private or religious education (see HJR 16) and b) We must “establish and maintain a system of public schools open to all children of the State,” — since many village parents will be unable to utilize this “choice” (voucher), it could quite possibly get decimated in the courts.

2) Because there have been amendments on top of amendments in an attempt to get it to work, it is a huge pile of gobbledy gook that most of the members of the House Education Committee don’t even completely understand, based on their Friday meeting. Those pushing the bill (Rep Keller, Rep Dick) seem to think it’s been in the Education Committee “an embarassing” amount of time and just needs to get moved along…whether it functions or not.

**There is another meeting scheduled for Wednesday Feb 1st and I intend to send my testimony to the Committee beforehand. I encourage you to do the same.**

– “Alaska K-12 School Choice Survey” — Several months ago, I was listening to a conservative show when the host started discussing a poll that proves Alaska wants to have vouchers private charter schools. It turned out to be a poll that was funded by the Friedman Foundation. The host was quoting numbers over 60% in favor of various types of alternative education…pretty impressive. When I researched the poll, I discovered the most important question:

How familiar are you with [Charter Schools/Virtual Schools/School Vouchers] in K-12 education? Not that familiar/Never heard of it — 62%

So basically, the vast majority polled had no idea what these folks were talking about. So, when these Alaskans who were quite used to receiving free money in the form of a Permanent Fund Dividend Check each year were asked a question worded like this:

“An education savings account allows parents to withdraw their child from a public district or charter school and recieve a payment into a government authorized savings account with restricted but multiple uses. Parents can then used these funds to pay for private school tuition, virtual education programs, private tutoring or saving for future college expenses. In general, do you favor or opppose this kind of savings account system?”

61% were all for it!

Note that 61% is about the same percentage of folks who had no idea what “school choice” really is. In other words, the same percentage of folks who know what all of this means said “no” to the free money.

Another note: if you look at the survey demographics, only 13% were Alaska Native. That does not match the State of Alaska demographics according to the 2010 Census, but it does match the Municipality of Anchorage demographics. In other words, while these folks were claiming that their “sample size” was Alaska, it was probably just Anchorage.

Why is that significant?

Anchorage School District already has really nice charter schools within the system (and there is no reason we can’t have more). If you ask someone from Anchorage about charter schools, especially if they don’t know about the lower-48 kind, that will completely skew their responses.

– The Education Summit — Per Municipal Code, Mayor Dan Sullivan’s roll in enacting School District changes is generally signing or vetoing what’s been passed through the School Board and the Anchorage Assembly. However, being that it’s an election year, he adopted the role of Superintendent by collecting corporate and private business money for an Education Summit. It was set up in three parts:

1) He hired Viewpoint Learning, a company of professional “handlers,” then hand-picked a mostly-conservative 100 participants. They brought up seven panelists. All but two of them were clearly pushing a privatized charter school and/or voucher agenda, four of them worked for organizations whose funding was provided directly by privatization advocates and only one had proof of an education plan with long-term success…a non-privatization pro-union strategy in Finland.

2) Now in phase 2, The Mayor’s Office is currently asking for Anchorage residents to attend the “community conversations.” This is the only time that the general public will have any input n the “scenarios” reached during the Education Summit. I’ve already signed up for one and I encourage everyone to do the same.

3) There will be a “Capstone Summit” in June where some of the Summit participants and some of the Community Dialogue participants will get together and finalize “recommendations.”

To be continued…

STOP THE PRESSES! This just in – Mayor Dan Sullivan finds way to grease palm of incompetent corrupt crony! Also, sun appears poised to rise tomorrow at daybreak.

There’s an old expression – “A boat is a hole in the water into which one pours money.” Boat… port… whatever. The same definition could apply to the infamous Port of Anchorage expansion project, which until very recently was run by former almost-impeached governor Bill “I never sold my soul” Sheffield.

The 83-year-old Sheffield has been port director since 2001. He has been at the center of controversy recently because of serious construction problems and escalating costs for expansion and renovations of the port. (snip) The cost of the port expansion project, as envisioned by Sheffield, has jumped from $360 million in 2005 to about $1 billion. Sullivan has proposed a less ambitious project. The city late this year asked the Legislature for $350 million to continue port construction work. “The project has faced challenges but we have worked hard over the last two years to get the management and construction back on the correct course,” Sheffield said in a written statement.

$360 million… $1 billion… Whatever. At least Mayor Sullivan has a solution. When confronted with a much higher price tag, simply modify things to make it a “less ambitious project.” Less for more.

You do have to give Sheffield credit, though. For an 83-year old guy, his deftness and skill shoveling money into the watery hole rivals that of a much younger man. And despite all those “challenges,” at least he found a solution to getting the “management back on the correct course” – his own resignation.

Mayoral candidate Paul Honeman had called on Mayor Sullivan to relieve Sheffield of his duties before the city and state hemorrhaged more cash into the Cook Inlet whirlpool. Sullivan, of course, defended his friend and blamed the feds. But then, Sheffield announced his retirement at  a fundraiser he was hosting in his swanky Turnagain home for (you guessed it) Mayor Dan Sullivan.

Then, the mayor announced that part of Sheffield’s “retirement” would involve a no-bid, sole source $60,000/year contract as a “consultant” on the project because he’d made some good “connections” while he was being incompetent for a much higher salary. And apparently, as Sullivan and those of his ilk know, he holds one hell of a fundraiser.

A commenter on the Anchorage Daily News story summed up the crony count well:

Let’s see: $193,000 love offering to Sully for a non-existing insurance scam. $80,000 for Dan Coffey’s sweetheart contract to hijack Title 21, $60,000 to Dan Coffey’s sweetheart contract for lobbying for the disastrous Port, $60,000 to Bill Sheffield sweetheart contract to ‘advise’ on the disastrous Port. ~Half a million dollars of sweetness under Sully! That’s a lot o’ love!

Yesterday, I stopped downtown to visit those protesting Mayor Sullivan’s new sidewalk ordinance. When I arrived in the noon hour, there were about two dozen protesters sitting, drinking coffee, and holding signs. Sidewalkers were joined by Occupiers from down the block.

For background on the sidewalk ordinance, you can read HERE, and HERE.

Sitting or reclining on the sidewalk without permission or a medical emergency became illegal at 6am that day, which is when the first protesters showed up.

Signs represented a variety of causes and concerns.

Strangely, the Tea Party which is supposedly all about personal liberties, and opposed to government overreach impinging on those liberties, was absent. I’m still waiting for the Tea Party and the Occupy Movement to come together on the issues they both believe in – like the Constitution, and the amendments contained therein.

Conspicuously NOT absent were the Lindas – The Mudflats’ own Linda Kellen Biegel, and photojournalist extraordinaire Linda Scates. They made themselves illegally comfortable in the shadow of City Hall.

Although there was a police presence (one officer), no arrests were made.

The department’s not ready to enforce it,” said Lt. Anthony Henry. “There’s not a mechanism for (officers) to do that yet. When the law’s passed, you still have administrative things that need to take place.” Police and the court system need to iron out details such as bail schedules and court codes and classifications, Henry said. Henry said he did not know when officers might start enforcing the law. [snip] Officers can write offenders a ticket for up to $100, but Police Chief Mark Mew has said police have discretion in using the law and will likely only issue citations as a last resort. [snip] “They’re going to have a lot more flexibility if they’re doing a sit-in,” Henry said. “We cherish and hold in high regard the constitutional rights that citizens have.”

~Thick and fast they came at last, and more, and more, and more!

This is Alaska…

A 30-year old man escaped from jail during a bathroom break in the remote Western Alaska village of Alakanuk. It’s been nine years since Kevin Patrick has escaped from the Alakanuk jail during a bathroom break. This time his arrest was for drunk driving. The last time it was for assaulting a police officer with a shovel. After the first jail break, he was caught and arrested by trooper Eric Spitzer in a now infamous case where Patrick sued the state for the trooper’s excessive use of force during the re-arrest. The half million dollar settlement from the state wasn’t enough to keep Patrick out of trouble, apparently. He was last seen heading out of town on a green Arctic Cat snowmachine…

Kommie the Frog

A decade ago we learned the shocking news that beloved teletubby Tinky Winky was a secret gay icon (why else would he have a triangle shaped antenna and carry a magic bag?). And now, Fox Business shares with us the horrifying revelation that the Muppets are communists. That’s right – those seemingly charming and loveable characters who have free access to the innocent psyches of children are really freedom-hating capitalism-destroying commies. Pinko pigs and red frogs are on the march. It’s totally easy to see. The antagonists in their latest propaganda film are Big Oil, and it’s spokesman Tex Richman. It’s only a matter of time before one of these Muppet movies shows Gonzo shopping in the state store, and Big Bird winning all the speed skating events at the Olympics.  Don’t fall for the Muppet Manifesto, America. Keep Comrade the Frog at arm’s length.

The Attorney of the Flaming Pants

Remember when Municipal Attorney Dennis Wheeler lied to the Assembly and told them that the ordinance they were about to vote on, restricting the right to sit on city sidewalks, had been “run by the ACLU” and that they had no problems with it? Well he didn’t and they do. The Anchorage Daily News finally picked up on it (see link above), and at tonight’s Assembly meeting in the Loussac Library, Dick Traini will seek to have the law rescinded or repealed, ADN reports, because Wheeler “wrongly indicated” that he had talked to the ACLU.

Hold the Onion

No, this is not a satirical piece from The Onion. This is an actual Ron Paul ad. It is airing on TV in the key early voting states of Iowa and New Hampshire. Wow.

Trump Pulls a Palin

Why do conservatives like to make up words? I guess I do too, but I don’t actually pretend or think they’re real ones. Palin was the champ of that. Remember “refudiate?” And who could forget “mandation?” Well, Donald Trump has just announced that he’s going to help out some lazy inner-city youth learn work ethic by making them “apprenti.” Yes… “apprenti.”

[Newt] Gingrich, who found himself in hot water last month for saying America’s child labor laws are “truly stupid,” called on Trump to create an “Apprentice”-style program for 10 inner-city New York children to teach them “work ethic.”

“We’re going to be picking 10, young, wonderful children, and we’re going to make them ‘apprenti,’” Trump said after a high-profile meeting with Gingrich on Monday. “We’re going to have a little fun with it, and I think it’s going to be something that is really going to prove results. But it was Newt’s idea, and I think it’s a great idea.”

Nope, Newt won’t give up on child labor for the poor. Maybe all it needs is a TV show!

A few days ago, Jeanne recounted the tale of Anchorage City Attorney, Dennis Wheeler and his role in the Mayor’s no-lying down/no-sitting sidewalk Ordinance. If you remember, Municipal Attorney Wheeler lied used “a poor choice of words” when he claimed the ordinance had been “run by” the Alaska ACLU to determine whether it was vulnerable to lawsuit. (As it turns out, “run by” is only a poor choice of words when it actually means “never spoke to the ACLU about it once.” It would only be an outright lie if…ummm when…uhhh…errr…well…back to our story…)

Assemblyman Dick Traini was the one who had the discussion with Mr. Wheeler about potential lawsuits and ACLU involvement:

Assembly Member TRAINI: Dennis, since this will end up probably in the court system if it is approved, the ACLU takes this to court, is this defensible in your
point of view?

Municipal Attorney WHEELER: Mr. Traini, this ordinance was run by the ACLU.

Assembly Member TRAINI: Did they have any problems with it?

Municipal Attorney WHEELER: They did not have any problems with it. And, that’s primarily because we drafted it after a law that was already challenged in
court.

Assembly Member TRAINI: Because I’m wondering why ACLU is not here. Normally when something like this comes forward, if they have a problem, they
are here to testify. So, I appreciate that. Thank you.

He then voted for the Ordinance, based on Mr. Wheeler’s response.

Ooops…

While not always in agreement with those of us here at Mudflats, we know Assemblyman Traini to be a good guy. His response to Attorney Wheeler’s behavior (with the support and co-sponsorship of Elvi Gray-Jackson and Paul Honeman) didn’t let us down. It is “An Ordinance to Procedurally Repeal for Good Cause Retroactively to November 22, 2011…” AO 2011-112. In simple terms, if passed, this would throw out the no-lying down/no-sitting sidewalk ordinance.

The Ordinance itself is two pages — the legal document to be signed by the Assembly and the attached letter/explanation from Mr. Traini. The letter shows me why I could never be a member of the Assembly. The emphasis is mine and my comments are in a very festive red & green:

The vote taken on the Mayor’s Sidewalk Ordinance, AO 2011-112 was taken in reliance on specific information requested from the Municipal Attorney, as set out in the excerpt transcribed and attached  for ease of reference.

(Note: The first place I saw the Traini/Wheeler discussion transcribed was on Mudflats…just sayin’… )

The intent of this ordinance is to reverse action taken by the Assembly on November 22, 2011 to pass and approve AO 2011-112, in light of corrections in that information from the Municipal Attorney, received by the Municipal Clerk on November 29, 2011, after the vote was taken and the time for notice of reconsideration by the Assembly had expired.

(Coincidentally, this also happened AFTER ACLU attorney Thomas Stenson handed Wheeler’s butt to him in an email exchange, and threatened to go public with his lie “poor choice of words” unless he said something to the Mayor & Assembly first.)

As noted in e-mail communication from the Municipal Attorney dated Tuesday, November 29, 2011, included as Attachment 1, the information provided by the Municipal Attorney at the
Assembly Meeting on November 22, 2011, immediately prior to the vote on the ordinance, was not accurate and the choice of words was misleading.

(Misleading, as in a fabrication, an untruth, a distortion, a deception, a fable, a falsity, a myth, a BIG, FAT, FRIGGIN’ LIE!!!  Yeah, I’m repeating myself…)

As Assembly Members, we often place legal counsel “on the spot” and it speaks to good character when the misstatements and/or misinformation are corrected. This repeal will not
foreclose future consideration by the Assembly. Repeal will simply allow for a “reset” of the matter, and ensure that the integrity of Assembly action on an important ordinance is not
clouded by misinformation from the Municipal Attorney’s Office, corrected later in good faith.

(Yeah, good faith…as in, I have “faith” that Dennis Wheeler wanted to save himself from the embarrassment of being publicly (and eloquently) called-out by an ACLU attorney.  Did he think no one would find out?  Silly, silly lawyer…)

This Ordinance is only being introduced tomorrow (Tuesday). I am unsure at this time if there will be public testimony.  I also do not know if the vote will occur during the last Assembly Meeting of 2011, December 13th or sometime in January. We will find out more tomorrow night. If it isn’t repealed before the Ordinance takes effect on December 22nd, I know where I’ll be…occupying a lunch break on the City Hall sidewalk!

One controversy that’s been brewing since last summer has involved an ordinance that Mayor Sullivan has ushered through the Assembly. This particular ordinance is aimed at a man named Johnathan Martin who has decided to protest the Mayor’s egregious attitude toward the homeless by camping out in front of City Hall. Sullivan was not pleased by the fact that sitting on the sidewalk was, in fact, legal.  Later Sullivan said he might consider meeting with Martin if he cleaned up and made himself presentable for an audience with His Excellency – The Mayor.

The new law would make it illegal to sit or recline on sidewalks in downtown Anchorage from 6 a.m. to midnight on weekdays, and until 2:30 a.m. Friday and Saturday nights, with exceptions for medical emergencies, and events like parades that have a permit. Violators could be fined up to $100.

When the sidewalk ordinance came before the Anchorage Assembly, there was more than one Assembly member on the fence. Was it right to create an ordinance which was basically the Mayor’s way of dealing with one man whom he considered a nuisance? Did it infringe on first amendment rights? How would this affect the Occupy Anchorage protesters who were in Town Square Park right down the street from City Hall? Law enforcement didn’t seem to think the ordinance was necessary at all.  What about the cost of enforcement of the ordinance, and what did that say about the Mayor’s supposed desire to shrink city government? And then, of course, there was always the possibility that the ordinance would not stand up to a legal challenge. That would mean bad PR, embarrassment, and big legal fees. Nobody wants that.

These were all valid points to consider, and the Assembly had been thinking about them since the first draft of the ordinance came their way during the summer.

As last Tuesday’s Assembly meeting, there was public testimony (all of it negative) regarding the ordinance and a discussion before the vote. During this debate, Assemblyman Dick Traini and the City Attorney Dennis Wheeler had the following exchange (3:59:30):

[Emphasis added]

Traini: Dennis, since this will end up probably in the court system if it’s approved, if the ACLU takes it to court, is it defensible from your point of view?

Wheeler: This ordinance was run by the ACLU.

Traini: They haven’t had any problems with it?

Wheeler: They do not have any problems with it and, uh, that’s primarily because we crafted it after a law that was already challenged in court and upheld.

Traini: Because I’m wondering why ACLU’s not here. Normally when something like this comes forward if they have a problem they’re here testifying so I appreciate that information. Thank you.

Well. If the ACLU, legal champions of the Constitution and civil liberties, had looked over the ordinance and found it to be sound, and had no objections to it, then surely it stood on firm legal ground. There really is no greater litmus test than that. The seal of approval from the ACLU means a lot, and the Assembly took it to heart. There were still four Assembly members who objected to the ordinance, but it passed in a 7-4 vote, including the two members who were most unsure – Dick Traini, and Jennifer Johnston.

So, there it was. Locked up, air-tight, buttoned down, and done. Nothing more to discuss. The ordinance would go into effect on December 22 with little objection, and the Mayor would count it as a victory.

Only one problem.

Mr. Wheeler never “ran the ordinance by the ACLU” at all. The ACLU never gave an opinion on it. And the Assembly voted on the ordinance using false information because they actually assumed that the City Attorney had been telling the truth. Surprise!

(photo of Dennis Wheeler by henkimaa)

What followed the Assembly meeting, days later, was a surreal and entertaining confession of sorts. Behold the inept glory of Dennis Wheeler trying to weasel out of this one in a mea culpa email  sent on Tuesday to the members of the Assembly, and others.

Assembly members – at the last Assembly meeting, in an exchange with Assembly member Traini, I said the safe sidewalk ordinance had been “run by” the ACLU and the ACLU had no objections. This was a poor choice of words. I knew the ACLU had been reviewing the original ordinance since its introduction in July. I believed the ACLU was also aware of the revised version. I also thought at least one assembly member had told me they had shared the ordinance with the ACLU.

In any event, my office did not directly send a copy of the ordinance to the ACLU. My poor choice of words would certainly give the impression that my office had sent the ordinance directly to the ACLU.

It is true the ACLU did not send us any comments, as they have in the past on other ordinances. It is also appears the ACLU did not speak to either version of the ordinance during the public hearings.

I understand from recent news stories that the ACLU is concerned about the ordinance. It has been suggested the concern has to do with the hours specified in the ordinance, but I do not know the specifics.

That’s right folks. Dennis Wheeler said something that was patently untrue, which (in Mayor Sullivan’s kingdom) becomes “a poor choice of words.” He just could have sworn that somebody on the Assembly told him he/she had shared the ordinance with the ACLU at some point… Who was that again?  Oh… the name escapes him.  That poor choice of words surely might have led some people to think that he meant the exact opposite of the actual truth.  And that was really his bad.  But keep in mind that the ACLU didn’t actually technically have an objection to the ordinance that he thought they might have seen, but actually didn’t.  And… um… he guesses now they may have some kind of problem with it after all, but hasn’t really availed himself of the specifics of what their specific objections are.

Perhaps Mr. Wheeler is waiting for some unnamed Assembly Member(s) to mention to him in passing (he thinks) something about what the ACLU might dislike. But, hey. We don’t really know for sure.

Fortunately for us, the attorneys at the ACLU seem to be a little bit more on the ball than Mr. Wheeler.  They apparently got wind of their supposed tacit endorsement of the ordinance, and had a couple questions via email.

Mr. Wheeler ­

I was reviewing the commentary from the most recent Assembly session. Among
your testimony was a statement that the ACLU had said they had no problems
with the sidewalk sitting and panhandling ordinance. Can you clarify the
basis for that comment? I do not recall making such a statement and do not
find any record in my correspondence of Mr. Mittman or myself making such a
comment, nor do I believe that such a statement would be accurate.

Thank you,
Thomas Stenson
Attorney
ACLU of Alaska Foundation

Wow. Look who’s all fancy and keeps “records of correspondence” and stuff, instead of relying on vague and distant memories that they just could have sworn had actually happened. (We give a low whistle indicating we are impressed with the ACLU’s clerical acumen).

After another email, gently prodding Mr. Wheeler, this was the response from the hapless, sweaty Municipal Attorney. Ready?  The bold passages were highlighted by me, just because I like them and they make me laugh.

Tom ­ I’ve reviewed what I can here. It appears my words were poorly chosen.
While I understood the ACLU had said to the media that it was reviewing the
original ordinance, I should not have said the ordinance was “run by” the ACLU
as this office had not specifically sent the AO to the ACLU. In the past, we
have received comments from the ACLU and the ACLU has attended the public
hearings, without prompting from us. In at least one instance, it was my
understanding the ACLU did not have a “facial” objection, but might have an
“as applied” objection, depending on how the Municipality enforced the
ordinance. Somehow, I came to think that was in reference to this issue,
but I cannot confirm such is the case or what the source of that information
might have been; it may have arisen from the previous version from July or
with the taxicab ordinance. With respect to this ordinance, I don’t think the
ACLU offered written or verbal comments to the Municipality; at least not with
this office. In total, it would have been more accurate to say that I
understood the ACLU is aware of the ordinance and that, to the best of my
knowledge, the ACLU has not commented to the Municipality. I’ve clarified
this with the Mayor and the Assembly.

Here’s where I like to imagine Tom Stenson sitting at his computer, reading and rereading this email. His mouth hangs open slightly. Perhaps he blinks a few times before reading it again. He takes his glasses off and rubs his eyes with the heels of his hands. He’s not sure whether to laugh, and then decides that yes, he will. Maybe he even calls over another attorney, or someone working in the office and says something like, “Hey… Get a load of this.”

He manages, though, to keep it together and asks the straight question:

Could you please forward to me any communications you had with the Mayor and the Assembly? Thank you.

Wheeler responds breathlessly:

You want me to forward to you any attorney-client privileged communications?

Stenson, after a monumental coffee-spit, pens the best response ever. (Parenthetical comment is mine)

You said you’ve clarified it with the Mayor and the Assembly. I would like to
see how the matter has been clarified and make my own determination.
Respectfully, when a government agent takes it upon himself to declare in
testimony at a public meeting what this organization does and does not
support, I take a serious interest in making sure that the record is perfectly
clear.

I don’t understand how your communication would be privileged. I can’t imagine
how a statement indicating your own error to the Assembly would constitute
“legal advice.” The simple fact that you are an attorney does not make your
every statement privileged. (<—— The Money Line)

If you choose not to relay the correspondence, I will be compelled to correct
the record myself.

Tom

And the final response from Wheeler. Let the backpedaling begin!

Tom- typically records requests are scoped so we know how to respond. Your
request is generally over-broad (“any communication”). That was the point of
my question – to get you to scope your request. It doesn’t appear that you
understood the question. In any event, I can forward to you the email I sent
to the Clerk’s Office. My understanding from the Municipal Clerk is that she
did forward it to Assembly members. If your request is for more than the
single email, you’ll need to let me know. The email should appear on your
screen shortly.

I hope you have appreciated this exchange as much as I did. At its best, it is bumbling ineptitude. At its worst, it is blatant manipulation of the public process for political gain, followed by skullduggery and coverup. But whichever it is, there still remains this fact: Members of the Anchorage Assembly placed their votes on this controversial and highly publicized issue, and gave an ostensible victory to the Mayor based upon blatantly false information that was revealed to be false after the fact. So, now what? Let’s hope that one of the distinguished members of the Assembly who is not in the pocket of the Mayor will step forward and demand that this vote be rescinded.

In the meantime, a demonstration is planned on December 22, the day the new law goes into effect. “Our idea is to sit on the sidewalk during the solstice,” says Bryan DeHusson of Occupy Anchorage. “So that at midnight, when the law goes into effect, we have as many people as we can sitting outside of City Hall, in single file, so we’re not actually blocking pedestrian traffic.”

UPDATE:  Linda Kellen Biegel spoke with Assemblyman Dick Traini this afternoon. When asked what his response was to Wheeler’s emails he responded that he had already drafted a repeal of the ordinance, which should be introduced at the Assembly meeting this coming Tuesday at 5pm at the Loussac Library.  Co-sponsors of the repeal are Assembly members Elvi Gray-Jackson, and Paul Honeman who will be opposing Mayor Sullivan when he is up for re-election this spring.

By Shannyn Moore

I’ve never wanted to sit on a sidewalk so badly in my life.

This week, seven members of the Anchorage Assembly voted for Mayor Dan Sullivan’s ordinance to create sidewalk sitting hours and rules. Ernie Hall, who has talked about being independent of the mayor, once again, with his vote, proved he is a lockstep lapdog.

The most surprising, and disappointing vote was Dick Traini’s. Traini most certainly is not the mayor’s lackey, but he voted like one. The rest — Debbie Ossiander, Chris Birch, Bill Starr, Jennifer Johnston and Adam Trombley — voted as expected, right in line with Mayor BurgerMeister MeisterBurger.

Is this an indicator we have no bigger problems to solve in Los Anchorage? So, all the snow is plowed, little white lights strung, and violent crime abated? Is there some out-of-control epidemic of sidewalk sitters who are clogging passageways and impeding commerce? Have we nothing more to do than put useless, redundant laws on the books, and plan parties? What’s next, a ban on toys?

For a crowd that calls for less regulation, telling you where to put your bottom, and at what time, seems like bigger government to me. Supporters of the law can’t even pretend this is something other than a personal vendetta for the mayor. Last summer, John Martin, a registered sex offender, protested the mayor’s treatment of the homeless. That’s why it’s now illegal for you and me to sit on the sidewalk.

This entire episode reminds me of the political posturing years ago when President George Bush and Congress interrupted their recess to create a law during the Terry Schiavo situation. One law for one person. That poor comatose woman generated more frequent-flier miles than anyone before or since.

Our laws should protect individual liberties, not take them away in some fake gesture to the greater good. I know, I sound like a Tea Party member, but I don’t agree with curbing personal liberty any more than they do.

Last summer, after the ordinance was proposed, the mayor said Mr. Martin needed to take a bath and get a job.

Newt Gingrich said the same thing this week about the Occupy movement.

I guess if you paint folks as dirty and lazy, it becomes easier for the public to give you a pass when you take away their rights. The consequence of not paying attention is that the fresh new laws apply to you as well as whomever you thought didn’t deserve protection. And in this case, people were paying attention. It’s just that it didn’t matter because seven big-government, liberty-squashing members of the Assembly knew better than you.

The night the anti-First Amendment ordinance passed, the Assembly chamber was filled with folks waiting to comment. Not a single person testified in favor of the law. Not one. Nor were any emails received urging passage. Despite overwhelming and unanimous testimony against Mayor Sullivan’s ordinance, seven members did not waver.

Mayor Sullivan said, “My review shows that there is clearly a lack of quantifiable evidence necessitating this ordinance. My review also shows that the vast majority of those who communicated their position … are in opposition. As elected officials, we are charged with reflecting the will of the community in our decisions, particularly in the absence of compelling data that would supersede that will.”

Oh, wait. He said that in 2009, after he vetoed anti-discrimination legislation.

What effect did the worldwide Occupy movement have on passage of this anti-civil rights ordinance? How will this new law, specifically, affect the civil liberties of those protesting with the Occupy Anchorage group downtown?

In Mayor Sullivan’s quest to demonstrate mayoral power to a homeless man, did the mayor just pass a law that sets the stage for confrontation between the peaceful and nonviolent Occupy Anchorage movement and the Anchorage Police Department?

Henry David Thoreau, in “On the Duty of Civil Disobedience” (1849), wrote, “If … the machine of government … is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.”

Perhaps we should all head downtown on the day this anti-civil rights ordinance becomes law, sit down and occupy the sidewalk.

Feature films, too, seemed to suffer the same affliction – “Alaskan” themed movies on the big screen were shot in British Columbia, or Colorado, or Washington state, or Massachussetts of all places!  It was a humiliation not to be suffered lightly.We wore our movie martyrdom on our sleeves.

But all that seemed ready to change. Alaska’s new and generous film incentive program passed by the legislature gives financial breaks to films that decide to shoot in Alaska!  The state picks up about a third of the tab to keep filming in this out-of-the-way corner of the country from being prohibitively expensive, and to compete with other states with similar incentives.

This means lots of roles for extras and small speaking parts for Alaskan actors who are quickly building up their resumes. And it also means the hire of prop people, caterers, seamstresses, and crew; plenty of booked hotel rooms; lots of money pouring into restaurants and stores; some great PR for the state; and a bit of excitement here on the Last Frontier.  Last year it wasn’t unusual to spot Ted Danson, or Drew Barrymore enjoying the delicious delicacies at Ginger downtown during the filming of Big Miracle (formerly Everybody Loves Whales). This fall, John Cusack and Nicholas cage have been out and about in town filming the story of Alaska’s infamous serial killer Robert Hansen for the film Frozen Ground.

It’s a new industry, a big bold future for Alaska where locals learn new skills, we get to show our real face to the world to entice tourism, local businesses reap the monetary benefits, and (let’s face it) it’s pretty cool. Everyone benefits and everyone is happy, right?

Of course not!

A disgruntled group called the “Alaska Film Alliance” is not happy.  Rather than to seed an exciting new fledgling industry in the state, that has already provided hundreds of jobs to Alaskans, and a huge influx of money into the local economy, they think that we need to rethink this. We just might be giving too much away. They might not be hiring all the Alaskans they could. We need to tweak this.

Now, I’m no expert on film industry incentives, but the following is enough to give me pause.

Who, you may ask, is the one chosen to speak for this group? Who is the public face of these seeming party crashers? Ironically, none other than Mayor Sullivan’s party planner, the lovely Bernadette Wilson.  For those of you who are unfamiliar with the talents and abilities of Ms. Wilson, you can refer back to my piece The Strange Tale of the Mayor and the Party Planner.

Anchorage Mayor Dan Sullivan and his paid party planner Bernadette Wilson. Photo from Alaska WTF.

From late night volunteering, and licking stamps for the mayor’s campaign, she rose to success quickly. First, she ran the show at the mayor’s inauguration, and was soon given the paid gig of planning parties (a job which previous mayor Mark Begich had done in-house). Even with no apparent previous party planning experience, she was seen in City Hall with her very own office and phone and everything. When questions were asked, and things became uncomfortable, Ms. Wilson disappeared for a little while, other than an occasional appearance on someone’s Facebook page…

Assemblyman Adam Trombley, and Bernadette Wilson at a Republican Christmas party

…or being a yes-woman for conservative right-wing radio host Dan Fagan. She described herself as being “the tender age of 25″ and we wondered if this might be the sad end of her promising nascent political career.

We had almost written her off when, with no apparent political experience other than the aforementioned licking of stamps the planning of parties, and the flapping of gums, she showed up as the head of the Prop 2 Parental Consent campaign, and THEN as the Chair of  Joe Miller’s senate campaign! Wow! Talk about upward mobility!

I know, right? Her career has really blossomed impressively. Here she is celebrating victory with her future boss on primary night.

Joe Miller, and his future Campaign Chair Bernadette Wilson. She was then heading up the Prop 2 Parental Consent campaign. Photo by Zach Roberts.

I have to question the reason,  judgment and political motivation of the Alaska Film Alliance, if for no other reason than their choice of a divisive, teabaggin’,  ladder-climbin’, opportunist as their ambassador to the world. But, here she is again, telling us all how the evil Hollywood is bilking poor Alaska and not providing enough local jobs. They want too much money.  We need “extensive public hearings” so we can “reform” this giveaway before it does more damage.  This, of course is music to the ears of conservatives who’d love to stick it not only to Hollywood, but the evil Democrat (sic) legislator who spearheaded the program.

Right wing radio hack and friend of the party planner Casey Reynolds was in the audience for her big debut. And Palinbot Rep. Bill Stoltze (R) agrees that this whole thing really needs some close scrutiny.

The Anchorage Daily News notes:

One thing to watch as this battle plays out in Alaska: How partisan will the debate become?

Will it devolve into Democrats supporting the subsidy, which every major movie producer I’ve interviewed said is the only reason they can or would film here, and Republicans seeking to dismantle it?

It certainly seems to be shaping up that way. Why else choose to be partisan and divisive from the outset?

If it hasn’t occurred to you by now, I’d be remiss if I didn’t point out that apparently this crowd has no problem giving away billions of dollars to the oil industry, in which more than half of slope workers do not live in the state of Alaska. They also don’t have a problem sending pallets of money down the giant sinkhole in Cook Inlet that feeds that second Bridge to Nowhere (KABATA). Nope, that’s just fine. But we really need to cut corners, and save pennies, and keep a laser focus on … film subsidies.  Drop, meet bucket.

Critics of the program point to the fact that more money has been paid to non-Alaskans than Alaskans, but fail to note that the program has created almost four times as many jobs for Alaskans as those brought up from the Lower 48.  Unlike the oil industry that continues to hire Outsiders who maintain their residency in other states, the film industry hasn’t had much time to train locals and make sure there’s a pool of local talent who can do the job.  Once there is, you can bet they’d rather use trained locals than to have to ship them up here and pay to house them. And the numbers those who oppose the incentive use don’t even include the latest two feature films Big Miracle and Frozen Ground.

They also complain that Alaskans only get the lower-paying jobs, not the ones that make big bucks. At which point I’d remind them that actors, producers, and directors tend not to live in Alaska, just like the CEOs of BP, Exxon, Conoco, Anglo American, Northern Dynasty Minerals and PacRim coal.  I’m not sure how much tourism and feel-good excitement is generated by the latter group either, come to think of it.

At least we know that the ranks of the unemployed do not include our favorite party planner. Who knows? Maybe hobnobbing with this crew will inspire her to launch a career in the film industry. It might be a nice change from the dirty business of politics.

[h/t Mudflatter HP for the graphic!]