But despite that finding, the city attorney also says labor contracts approved during that time remain legal and can not be "rescinded."
The assembly hired a private attorney who found the Anchorage Police Department Employees Association and IBEW Local 1547contracts were invalid because the assembly was not properly informed on that due to the failing national economy - the city was about to spend more than it take in.
It was after that report, assembly members asked city attorney, Dennis Wheeler to figure out just how much the Begich administration knew and when that information was passed along to the assembly.
"All we have done is gather the facts together," said the city attorney, Dennis Wheeler. The city department of law's 60-page report found former Mayor Mark Begich knew of the revenue shortfall and did not report that to the assembly in a timely manner, which violates the city charter. But it also found the union contracts signed by the assembly during that time are valid.
However, Wheeler admits not everyone who looks at the evidence will have the same findings. "We acknowledge in the report that some people may come forward with a different conclusion," said Wheeler.
After the report was released, Senator Mark Begich released a
One assembly member who voted against the contracts and who raised the same concerns under the former administration agrees with the MUNI's attorney's findings. "Quite frankly, I am deeply saddened by it. It indicated to me that people were working the numbers and made perhaps disingenuous actions to hide the fiscal positions as well and that is even more saddening," said Assembly Member, Bill Starr.
Another assembly member says the Begich administration is the wrong place to lay the blame. "It (the economy) has been incredibly volatile and it's been a challenge to our whole country. It's a major recession and I don't suggest that anybody is trying to mislead anyone to suggest this idea of hiding the ball. I don't believe was going on," said Assembly Member Matt Claman.
As for possible repercussions for Mayor Begich and his staff, the city attorney's office says there are no penalties for going against the charter and this report is now in the hands of the assembly. "It's an interesting situation when you have a charter provision that doesn't have underlying code that says "what if". "What if" you don't comply with the charter?" said Wheeler.
Assembly member Matt Claman says he wants to close that loophole and he's already working on a provision to make language clear in the mayors reporting requirements. "It's an effort I already started to try to make a lot more certain what should be reported to the assembly by the mayors office," said Claman.
To contact the Newsroom, call 907-274-1111.
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