TO: Ron Long, Assembly President
Members, Kenai Peninsula Borough Assembly
FROM: John J. Williams, Kenai Peninsula Borough Mayor
DATE: August 3, 2006
SUBJECT: Ordinance 2006-19-18, appropriating funds of $400,000 toward the educational funding lawsuit Moore vs. State of Alaska, 3AN-04-9756 Civ.
This ordinance is presented to the assembly for consideration following the assembly’s motion in May that authorized the mayor to investigate and formulate a plan that may include filing a lawsuit against the State of Alaska regarding education funding. One option available to the borough is to contribute funding toward the Moore et al. vs. State of Alaska case, No. 3AN-04-9756 Civ., which is seeking declaratory relief regarding the adequacy of educational funding by the State. If this ordinance is enacted, the borough would enter into an agreement with the parties enabling the borough to contribute up to the appropriated amount, to participate in lawsuit strategy and in negotiations following trial regarding remedies available or any appeals, depending upon the outcome of the trial. Hearing on shortened time is requested in order that the funding would be available before the trial commences in October 2006. This would also provide time for the administration to negotiate an agreement and determine the appropriate means for becoming involved in the action. It is the administration’s intent to keep the assembly apprised of its proposed courses of action in this lawsuit should this ordinance be enacted.
The motion approved by the assembly in its May 16, 2006, meeting authorized the mayor to prepare and present a plan to the assembly for pursuing more funding for education from the State for the Kenai Peninsula Borough School District. This represents one of numerous options available to attempt to obtain additional funding for education from the State and is presented at this time due to the short time remaining before trial. Should the assembly choose not to participate in this case, then the administration intends to proceed with developing a different plan of action for the assembly to consider.
As was discussed in the joint work session held July 25, 2006, between the assembly and the school board, an advantage of participating in the Moore lawsuit is that a significant amount of work has already been completed, and the case is virtually ready for trial. The parties have been working on that case for over four years. Arguably, joining the Moore suit at this stage could save the borough from starting a new action that may result in a significantly later decision than will be rendered in the Moore case, even allowing time for appeals. Your consideration of this ordinance would be appreciated.