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Alaska Gov. Dunleavy Left 2 Pension Board Seats Vacant 5 Months. Unions Sued.

Resist Now 3 min read
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Alaska’s Pension Board Has Gone 5 Months Without Union Representation

Alaska Gov. Mike Dunleavy has refused to fill two vacant seats on the Alaska Retirement Management Board, the body that oversees billions of dollars in public employee pension investments. The Alaska AFL-CIO and the National Education Association-Alaska filed suit against him in Anchorage Superior Court, seeking a court order requiring him to make the appointments.

The seats have been empty since March 1. State law is direct: “a vacancy on the board of trustees shall be promptly filled.” The unions submitted lists of nominees to the governor on December 1 of last year, three months before the prior board members’ terms expired. The Department of Revenue acknowledged receipt of those filings.

“This isn’t the ‘Oops, this slipped through the cracks’ sort of issue.”

Scott Kendall, attorney for the plaintiff unions

Two board meetings have already taken place without union representatives seated. The board manages billions of dollars in pension assets on behalf of Alaska’s public employees and teachers.

The Governor’s Office Is Questioning a Clear Statute

Rather than making the appointments, the Dunleavy administration has questioned whether the law reserving seats for union nominees is constitutional. Stephen Cox, a former attorney general designee whose confirmation was rejected by the Alaska Legislature, responded to the unions’ May warning letter. Now serving as Counsel to the Governor, Cox said the statute “warrants further analysis, as it potentially encroaches upon the Governor’s constitutional appointment authority.”

Cox said the governor would seek a formal legal opinion from acting Attorney General Cori Mills. Kendall, who has litigated multiple cases against the Dunleavy administration, said the argument does not hold up. Laws constraining a governor’s appointment powers have been tried in court and upheld repeatedly.

The plaintiffs’ complaint also raises a procedural concern: state law requires the Department of Law, not the governor’s personal counsel, to represent the state in legal matters. The complaint argues Cox should have no role if the case proceeds to trial.

What You Can Do Now

  1. Call Gov. Dunleavy’s office at (907) 465-3500 and tell his staff to fill the two vacant Alaska Retirement Management Board seats immediately, as required by state law. Reference the unions’ December 1 nominee lists, which have been on file for over seven months.

  2. Contact your Alaska state legislators through the Alaska Legislature’s directory at akleg.gov/basis/Members/ and ask them to hold a hearing on the governor’s failure to comply with the board appointment statute. Legislative oversight is one of the fastest ways to apply pressure before the case reaches trial.

  3. Track the case in Anchorage Superior Court. The suit was filed by attorney Scott Kendall. You can search Alaska court records at records.courts.alaska.gov to follow filings and hearing dates. If the court grants a hearing, public attendance matters.

  4. If you are an Alaska public employee or teacher, contact your union directly (Alaska AFL-CIO at alaskaaflcio.org or NEA-Alaska at neaalaska.org) to ask how you can support the lawsuit or submit testimony if the case reaches a hearing.

Sources

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