Skagway Mayor Sam Bass submitted his letter of resignation on May 16 to the assembly after a lengthy assembly meeting May 15, which included a veto override vote of 5-1 near the end of the evening.
Bass had recently vetoed a version of Ordinance 25-05, a plan that requires the mayor to sign all official documents on authorization of the assembly, adds a line from Alaska Statutes that the mayor shall be recognized as the ceremonial head of the Municipality, and defines “official documents.”
The ordinance was created after Bass had not signed letters approved by the assembly in support of maintaining relationships with Yukon, support of Klondike Gold Rush National Park, and a letter to the Alaska delegation in Washington, D.C.
Bass said in a later meeting that he didn’t think he needed to sign the assembly’s letters.
The draft of the letter to the delegation ended with “Sam Bass, Mayor On Behalf of the Skagway Borough Assembly or The Skagway Borough Assembly.
Bass vetoed 25-05 with an April 3 memorandum that stated, “Ordinance 25-05, if passed, will force the mayor’s office to sign any and all correspondence approved by the assembly; to include letters of opinion, letters of support or opposition, political letters of position, or literally ‘anything’ else. This ordinance literally says ‘anything.”
Bass believed the act could “weaken the checks and balances that come along with [the separation of branches]”
The Municipality of Skagway (MOS) is a borough under a manager form of government. This gives the mayor certain powers and duties as described in the Alaska Statutes.
Bass didn’t see letters as included in that section of code
He believes that Section SMC 3.01.045 clearly states that the mayor may participate in discussions, but may not vote, except to break a tie. The section continues to say, “The mayor shall sign all ordinances, contracts and deeds of the municipality on authorization of the assembly.”
The last sentence caused consternation for assembly members, the Borough Attorney, Bill Blasco and Bass. The code does not define a letter or resolution as an official document that requires the mayor’s signature.
Borough Attorney Bob Blasco responded in April to questions of clarification put forth by the mayor.
“Official document” is not defined in either the Alaska statute or municipal code,” said Blasco in his response. “There are no Alaska cases that discuss the meaning of “official documents.” As it is not defined, the meaning of “official document” is open to reasonable interpretation. One reasonable interpretation is that it does not include “correspondence.” Another reasonable interpretation is that “official document” means anything that is directed by the Assembly to be an “official document.”
Blasco continues, “Another reasonable interpretation may be that it includes letters approved by the assembly by motion. These are all possible reasonable interpretations—without a definition in statute nor any cases defining “official documents,” we are not able to provide a definitive answer whether “letters of correspondence” would conclusively be considered “official documents” within AS 29.20.220(b) by a Court.”
“The code, as currently written, does not require the mayor to sign ‘correspondence,” Blasco wrote in the response.”
The attorney offered suggestions that could be considered by Skagway leaders, such as defining “official documents,” assigning the vice-mayor to sign when the mayor is absent or unwilling to sign.
State and MOS code concur that “the mayor shall preside at all meetings of the assembly except during his absence, at which time the vice-mayor shall preside. The mayor may take part in the discussion of a matter before the assembly. The mayor may not vote, except that the mayor may vote in the case of a tie.”
Several letters were sent to the assembly as public comment, with some suggesting that Bass should put aside his personal political beliefs as he represents the borough. Most were critical of Bass.
Brooke Jaskey-Zuber sees the mayor’s refusal to sign as a conflict between Bass’s personal beliefs and his position representing Skagway. She sent a letter to the Assembly for the March 20 meeting.
“I am grateful that the mayor’s action is being discussed and thoroughly reviewed. Trust in our leadership is crucial and this has certainly shaken my trust in Mayor Bass’s ability to represent our community as a whole. If our mayor is going to be making choices based on personal beliefs that conflict with his duty as a public servant representing our entire community, he should reconsider his choice to represent us.
Carol Bourcey noted the message of the letter in question.
“I did not vote for anyone in Municipal government to bring partisan politics to the table. I voted for the people I thought would do the best job for our community. Our Canadian neighbors are very important to our business community, our year‐round economy and our future. I feel the Assembly did a great job addressing the issues in the letters they voted to send.
Courtney Ellingson asked for collaboration.
“Quite frankly, what I feel here now breaks my heart. I urge you, as our elected leaders, to set an example by prioritizing unity, collaboration, reaching across aisles, setting aside differences, for the overall well-being of all Skagway residents,” said Ellingson.
Bass shared that he sees the ordinance as a new expectation.
“The expectation is that I, regardless of the mayor’s office’s opinion, I [the mayor] will agree with the assembly regardless,” he said.
The one dissenting override vote came from Assembly member Jon Hillis. While Hillis agreed with the other members’ reasons, he did not support an ordinance passed in this manner.
“I just want to state I disagree with most of that interpretation, and the mayor has the veto, which is their main power. But I also disagree with this change to our code, as well. We have elections, and there’s a recall process, even if somebody were to really get completely out of line. Not saying this is that case at all. But there are avenues for the voters, there’s avenues for the mayor, there’s avenues for us to each have our voice working together, not as these separate powers. So I completely disagree with most everything that the mayor is stating as reasons for this. I still think that this code is just ruling on a single person’s actions and is out of line,” said Hillis during the discussion.
SMC Code 3.01.030, under Prohibited discrimination, “A person may not be appointed to or removed from municipal office or in any way favored or discriminated against with respect to a municipal position or municipal employment because of the person’s race, color, sex, creed, national origin or, unless otherwise contrary to law, because of the person’s political opinions or affiliations.”
According to Skagway Municipal Code (SMC) 3.01.050, the mayor may veto an ordinance, resolution, motion, or other action of the assembly and may strike or reduce appropriation items. There are a few areas off limits for vetoes, such as school budget appropriations, actions of the assembly sitting as the board of equalization or the board of adjustment, the adoption of repeal of a manager plan of government, or ordinances adopted under AS 04.11.501, Alcoholic Beverages Prohibition of Possession after Election.
If the mayor exercises veto power within time restrictions, the veto can be overridden by a two-thirds vote of the assembly, which has happened twice this year.
Bass’s resignation must be approved by a two-thirds vote of the assembly.
According to local historian Jeff Brady, the last mayoral resignation was Skip Elliott in 1987-88 for personal reasons.
“He was getting married and moving away for a while. The city council twice rejected his resignation, but he left town anyway and the seat became vacant until the next election,” said Brady.
Should the assembly accept Bass’s resignation, the assembly would appoint a mayor from the group. In the interim, Vice Mayor Deb Potter serves as the acting Mayor Pro Tem, a position recently defined in Ordinance 25-05.
Per SMC 3.01.040, “A vacancy in the office of mayor occurring within six (6) months of a regular election shall be filled by the assembly. The person appointed serves until the next regular election when a successor is elected to serve the balance of the term. If a member of the assembly is appointed mayor, the member shall resign the seat on the assembly. If a vacancy occurs more than six (6) months before a regular election, the assembly shall call a special election to fill the unexpired term.”
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