The city has rejected an application to begin the recall process against Mayor Steve Prysunka. Borough Clerk Kim Lane, in a Feb. 17 letter, said the petitioners' list of grievances against the mayor does not rise to the legal threshold required for a recall.
Recall organizers have 30 days from the date of the letter to appeal the decision to state Superior Court.
The petition, signed by 10 members of the community, alleged that Prysunka broke state and municipal laws several months ago, when an emergency assembly meeting was called on short notice to implement a local mask mandate.
Lane wrote that the grounds for recall in state and municipal statute are misconduct in office, incompetence, or failure to perform prescribed duties. The allegations in the recall application do not "rise to the level of 'misconduct or incompetence,'" she said. "Moreover, the allegations contained in the application do not include any statements that Mayor Prysunka has demonstrated lack of ability, legal qualifications, or fitness to discharge his required duties."
Citing an Alaska attorney general 1981 opinion on the Open Meetings Act, Lane wrote that special emergency meetings can be called with 24-hour notice or less in situations which call for "immediate action to protect the public peace, health, or safety." The meeting called to adopt a mask mandate was in response to Gov. Mike Dunleavy's Nov. 11 video speech urging action by Alaskans to slow the spread of COVID-19.
Furthermore, the clerk wrote, Borough Manager Lisa Von Bargen called the special emergency meeting, not the mayor.
As for a "failure to perform prescribed duties," Lane wrote that the allegations in the recall application seemed to show only disagreement with actions taken by Prysunka rather than a particular misconduct, failure to follow his duties or incompetent actions.
"The allegations of a petition are inadequate when they indicate only disagreement on matters of policy or political criticism," Lane wrote. "Together, the allegations of the application appear as instances to which the petitioners object to Mayor Prysunka's political positions which are apparently contrary to those of certain voters."
Recall spokesman Don McConachie said Monday that there are a substantial number of residents who support the recall. "I know this by the amount of people that approach me to ask when they can sign."
He added in a prepared statement, "Myself and the others that signed the petition feel very strongly that what has been started was correct and could be accomplished. ... I have not had a chance over the weekend to talk with everyone, but will get it completed this week and make a collective decision as to the way to proceed."
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