2009 Alaska Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagak0015 and id is 1 raw text is: April 18, 2009

Jerry Gallagher                     Issued for Printing: April 20, 2009
Legislative Director
Office of the Governor
P.O. Box 110001
Juneau, AK 99811-0001
Re: Senate District B Appointment Process
Dear Mr. Gallagher:
You have asked for our views regarding Governor Palin's appointment of
Mr. Grussendorf to fill the Senate vacancy for Senate District B.
The Senate District B vacancy was created when Senator Elton resigned on
March 2, 2009. On March 30, Governor Palin appointed Mr. Tim Grussendorf to the
vacancy as required by AS 15.40.320. At some point thereafter, at a closed-door meeting
that was not preceded by notice of its time or place, the Senate Democrats met to
consider the appointment of Mr. Grussendorf. In an unsigned memo dated April 1, the
Alaska Senate Democrats advised Senate President Stevens that Mr. Grussendorf did not
achieve the needed support to be seated.
Governor Palin responded on April 2, requesting that the Senate consider my
nomination of Mr. Grussendorf in open session, in the same fashion as the legislature
would consider any other appointment subject to confirmation. On April 6, seven of the
nine Senate Democrats sent Governor Palin a letter stating that Mr. Grussendorf had not
been confirmed.
On April 6, Governor Palin appointed Mr. Joe Nelson under AS 15.40.320. At
some point thereafter, at a closed-door meeting that was not preceded by notice of its
time or place, the Senate Democrats met to consider the appointment of Mr. Nelson. On
April 10, 2009, Sen. Ellis sent Governor Palin a letter stating that Mr. Nelson had not
been confirmed.

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