Unless the Legislature decides otherwise by mid-March, Gov. Mike Dunleavy will take over appointment of the entire nine-member Alaska Marine Highway Operations Board.
State law reserves four of the seats for appointment by legislative leaders, but Dunleavy on the first day of the legislative session Jan. 16 introduced an executive order that changes the law so that the governor would control all of the appointments.
The change will take effect 60 days after the order was issued — unless a majority of the 60 legislators vote in a joint session to reject the executive order.
The governor’s office said there is no particular reason for the change in the appointment process for the ferry system advisory board, other than Dunleavy’s priority “to make state government as efficient and effective as possible.”
The Legislature created the advisory board in 2021 in an effort to bring more public input to management decisions and diminish political interference in ferry system operations.
“It’s a big concern,” Ketchikan Rep. Dan Ortiz said of the governor’s order. “Creating that board was a first step” in trying to give more autonomy to the ferry system.
Changing the law so that governors get to appoint the entire board “pulls things back and puts the board under more control” of the administration, said Ortiz, who also represents Wrangell.
Kodiak Rep. Louise Stutes, who served as House speaker in 2021 when the first legislative appointments were named to the new board, said she will push hard for the House Transportation Committee to hold a hearing on the governor’s executive order.
Stutes opposes removing the Legislature’s ability to name four of the nine seats. “It’s politics at its best,” she said of the governor’s move to take over all of the appointment authority.
Stutes, who has served in the Legislature since 2015, the same as Ortiz, fought hard in 2021 to ensure that the legislation creating the advisory board included public members appointed by the House speaker and Senate president.
The bill amending the structure and membership of the advisory board passed without any “no” votes in the House and Senate in 2021.
If Dunleavy’s executive order goes into effect, as of July 1 he would be able to remove any current members of the board — even if they have time remaining on their terms — to make room for new appointees. Or he could reappoint the current members.
Juneau Sen. Jesse Kiehl questioned the reasons for the order. “I think it’s a functional board today and I’m not sure why there’s a need for change,” he told the Juneau Empire last week.
“I’m really concerned about it,” Senate President Gary Stevens told the Empire. “I like the Legislature having input into that board. It’s very important for me in Kodiak, it’s important to a lot of people in Southeast Alaska as well. Who knows how it’s going to turn out, but I think we’re unlikely to give up our authority to appoint people to boards.”
The executive order was among 12 issued by Dunleavy last week, all dealing with state boards and commissions.
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