Let’s Read ALL the Law

Haines Alaska News: Viewpoints
September 15, 2011, Thursday

LET’S READ ALL THE LAW

If Bill Kurz is going to be an expert on Title 29, he needs to read all of it.

The Haines Borough is a “home rule” municipality. As such, it has all powers not prohibited by law. Title 29 has SOME limitations on the powers of a home rule municipality; Article 2 of that title (29.10.200) lists exactly which provisions in Title 29 apply to home rule municipalities.

The provision in Title 29 for filling vacancies (section 29.20.180) does provide, as Mr. Kurz states, that the assembly “shall” appoint. HOWEVER, that section does NOT apply to a home rule municipality. Thus, our Charter is the final authority, and it says (as Jerry Lapp pointed out) “the assembly shall ATTEMPT to appoint.

Both Mr. Hoffman and Ms. Waterman understand this. That’s why neither of them talks about Title 29.

Deborah Vogt

Received September 15, 2011 / Posted September 15, 2011
Viewpoints letters are the opinion of the writer and do not necessarily reflect the opinion of the Haines Alaska News.