Gail Fenumiai
AGO No. JU2014200727
No. JU2014200727
Alaska Attorney General Opinions
September 30, 2014
Gail Fenumiai
Director, Division of Elections
PO Box 110017
Juneau, AK 99811-0017
Re: Review of Application for Recall of John Atchak
Dear Ms. Fenumiai:
You have asked for our opinion regarding the application for a petition to recall the chair of the Kashunamiut School District regional school board, John Atchak.
[1] The school board is comprised of five members, including Mr. Atchak.
Regional school board members can be subject to recall under AS 14.08.081, which adopts by reference the recall procedures of AS 29.26.240-.360.
[2] Alaska Statute 29.26.270 requires the director of the Division of Elections to review the recall application and prepare a recall petition if the application meets the requirements of AS 29.26.260.
As a preliminary matter we note four deficiencies in the recall application. First, the application does not include a statement that the voters who signed the proposed petition did so as sponsors under AS 29.26.260(a)(1). The applicants can correct this deficiency by submitting a new petition with appropriate language and a new application.
[3] Second, there is no indication that the grounds for recall were attached to or otherwise circulated with the recall application’s signature pages. We recommend that each signature page include a statement that the sponsors are qualified voters who signed the application with the description of the recall grounds attached.
[4] Third, the application did not include the residence addresses of the sponsors. Any future application should contain this information. Finally, the application did not include the name and address of the contact person and an alternate to whom all correspondence relating to the petition may be sent. Any future application should also contain this information.
In order to avoid further delay in the processing of any new application, we have also reviewed the allegations set out in the proposed petition to determine whether they are sufficient to state grounds for recall. In our opinion, the grounds for recall stated in the application fail to satisfy the requirements of AS 29.26.260(a)(3). Therefore, we recommend that the Division of Elections not prepare the recall petition.
I. Background.
On September 12, 2014, a group of persons purporting to be the registered voters of Chevak and the Kashunamiut School District filed an application to recall board member John Atchak. The application provided the following summary of the grounds for recall (verbatim):
(1) FAILING TO ACT in the best interests of the students, school district, and community; (2) Consistently IGNORING to address parent and community concerns; (3) Allowing changes to occur WITHOUT BOARD AND COMMUNITY APPROVAL; (4) Total disregard for school district policies and Board member code of ethics.
The application references none of the statutory grounds for recall: (1) misconduct in office; (2) incompetence; or (3) failure to perform prescribed duties.
The application was also missing the following: the residence address of voters who signed the application; any indication that they signed as sponsors; any indication that they signed with the grounds for recall attached; and the name and address of the contact person and an alternate to whom all correspondence relating to the petition may be sent. The only additional material with the application was the envelope it came in and a return addressee of “Edgar Knight, Sr.” listing a P.O. Box in Chevak.
II. Applicable law.
The director of the Division of Elections is tasked with reviewing this application to determine whether it satisfies the requirements of AS 29.26.260. That statute...
