Daily Sitka Sentinel from Sitka, Alaska • Page 1

Member of the Associated Press 4 i il 11! i a DAILY I Monday, February 6,1995 Volume 57 No. 24 Sitka Alaska 500 State Court Delays Ruling on Primary Book Work Artist Rebecca Goodale checks the work of Denise Stephenson Saturday during a daylong workshop on creative bookbinding, held at Mt Edgecunibe High School. Goodale, who teaches art at the University of Southern Maine, is in Sitka for a monthlong residency with The Is- land Institute's Resident Fellows Program. She also is doing workshops in the schools. Her stint here is sponsored in part by Old Harbor Books, the Alaska State Council on the Arts and the National Endowment for the Arts.

(Sentinel photo by James Poulson) By ROSANNE PAGANO Associated Press Writer ANCHORAGE (AP) The state Supreme Court on Friday said it would wait to hear from Alaska's political parties before deciding if a closed Republican primary is legal. The order, which surprised some election law experts, follows an appeal by Anchorage Republican and occasional political candidate Michael O'Callaghan, who claimed closed, primaries held in 1992 were illegal. "Without question the court has said my arguments have more merit than the state's," said O'Callaghan, who researched the constitutional case and represented himself. "I've already won." The order invites Alaska's four established parties Republicans, Democrats, Green Party of Alaska and Alaskan Independence Party to join the case by Feb. 24.

"I have to say we were surprised by this development," said James K. Baldwin, an assistant attorney general handling the state's response. Baldwin said Friday it was soon to say if the Elections Division position would change since the Democrats took over in January. The state under former Gov. Walter Hickel had argued that a closed Republican primary was legal because Alaska's open-primary law was unconstitutional under federal law.

Hickel, a lifelong Republican, won of- fice in 1990 on the AIP ticket "It's a different lieutenant governor, a different Division of Elections," Baldwin said. "I don't know yet what our position will be." Briefs were due by April 17,. and the court said it would schedule oral arguments if the parties asked. A ruling could permanently alter the way Alaska primaries are held. "Remember it only took one lady who wouldn't sit in the rear of the bus," said AIP lawyer Edgar Paul Boyko, who will file the party's response in the case.

"I have a lot of admiration for Mike O'Callaghan." The court asked for research on the constitutionality of Alaska's "blanket" primary statute. It calls for all primary candidates to be listed on one ballot, available to any voter. moved to end that in 1990, when a rule change closed the party's primary to anyone but registered Republicans. Most Alaska voters who register with a party are Republican. The GOP said a primary open to Democrats and other affiliated voters could dilute Republican-voter strength by increasing the chance that weak candidates were deliberately chosen to compete in the general election.

The case reached the Anchorage federal court in 1992 when then-Lt. Gov. Jack Coghill, whose' office oversaw the Elections Division, refused to Continued on Page 8 Clinton Budget Plan Too Light, GOP Says WASHINGTON (AP) President GHnt6n sent Congress a $1.61 trillion budget today, offering voters a modest --middleHclass tax cut financed -ganizing three Cabinet agencies and targeting nearly 500 programs for consolidation or cutbacks. to make govern- ii ment smaller and more, efficient would save $144 billion over five years. He would apply $63 billion of that amount to prbviding.tax relief and the other $81 billion would be used to reduce the deficit Republicans, however, attacked the budget as a pale imitation of their own to Look ass ANCHORAGE (AP) A proposed sale of pld-groWtn trees in me Tongass National Forest is due for another environmental review after the sale; was challenged by a Forest Service employee.

The. unit; which covers 10,000 acres on Prince of Wales Island, is the nation's largest; federal timber sale and was sought by Southeast's sole re- maihmg pulp The sale-was challenged in a complaint jrm993 filed by Bill Shoaf, a Forest Service whistleblower who al- environmental violations and mismanagement The heavily logged island is near Ketchikan. Conservation groups in June challenged the sale in federal court, claiming it would lead to overcutting, environmental damage and long-term harm to the logging industry. In December, the Forest Service told the court it would do a new study. There was no public announcement until Friday.

A draft of the report is due May 1. In a written statement, the agency said it would focus on issues raised by Shoaf and conservationists. The agency said it did not expect delays in timber offerings. Shoaf. led a team of timber planners who conducted field studies and that the supply of timber in the central.

Prince of Wales sale area was jnuch; smaller than Forest Service computer models had shown. He claimed that supervisors ignored his data and offered far more timber than the forest would sustain about 267 board feet Doug Ruley, an. attorney, representing the conservation groups, said the Forest Service decision was a vindication for Shoaf. "What they have done recognizes 'that'their prior (environmental study), and the way they ignored the evidence, just was unsuppprtable." Ruley said; The lawsuit was filed on behalf of the Southeast Alaska Conservation Council, Prince of.Wales Conservation League, The Wilderness Society and Tongass Conservation Society. Shoaf team found that more than 50 percent of the sale's acreage could not be cut because of conditions such as unstable soil and steep slopes.

The original forest plan estimated that all the timber was available for harvest The Forest Service said a new study will look at the difference between the two harvest estimates, and the question of maintaining a sustainable level of logging. "Contract With America" which promises far greater tax cuts of $200 billion arid enough deficit cuts to bring the budget into balance by the year 2002. By some estimates, that will require $1.2 trillion in budget cuts. Clinton's $81'billion in deficit reduction would make only a modest Detent in the red ink expected in coming yers, a point that Republicans were quick to note. House Budget Committee Chairman John Kasich, R-Ohio, complained that Clinton had shown "no interest in doing the heavy lifting needed to eliminate all budget deficits.

This budget lacks courage. It takes no action to control the growth of entitlement spending, which must be done if we are to reach a balanced budget by the year 2002." The budget, for the 1996 fiscal year that begins Oct. 1, proposes to spend $1.612 trillion, a 4.5 percent increase over current levels. The budget forecasts collecting $1.416 trillion in revenue, leaving a deficit gap of $196.7 billion. To pay for his tax cuts and deficit reduction, Clinton proposed saving billion by restructuring five agencies and abolishing or consolidating hundreds of other smaller programs, $80.5 billion by reducing spending for defense and many domestic programs, and $32.

i billion by trimming some benefit programs and $5.3 billion from reduced interest payments on the national debt Of the $26.2 billion in savings from program reorganization, $22.8 billion would come from revamping the de- partments of Housing and Urban Development, and Transportation, along with the General Services Administration and the Office of Personnel Management. Clinton's budget seeks savings over five years, of $123 million by eliminating the Interstate Commerce Commission and $837 million by get- Army Corps of Engineers out business of building small projects, such as boat docks. But in many cases the savings would'be miniscule. Eliminating the cattle tick eradication program would save $12 millioni over five years while abolishing the Christa McAuliffe Fellowships, named for the teacher killed in the Challenger explosion, would save $2 million. The budget also seeks to eliminate the government's helium reserve for blimps, privatize certain functions of the National Weadier Service and restrict impact aid that goes to ideal school districts with large numbers of military personnel, something President Reagan also tried in 1981.

Clinton's budget was not exclusively, spending cuts. He found an additional $25 billion for the Pentagon to meet criticism that his earlier cutbacks were hurting military readiness. The president proposed increased spending for AIDS research, Head Start, his Americorps public service program and security of U.S. borders. To pay for the stepped-up security, Clinton is proposing a new $3 per vehicle and $1.50 per individual crossing fee at U.S.

borders with Mexico and Canada; Byron Mallott Chosen Permanent Fund Head FBI Agents to Investigate Incident, Sitka Police Told By SHANNON HAUGLAND Sentinel Staff Writer The Sitka Police Department has been advised that the FBI is investigating possible civil rights violations in an incident involving the use of excessive force by a Sitka police officer. Two FBI from Anchorage are scheduled to be in Sitka this week, with one arriving today and other arriving later in the week, said FBI Supervisory Special Agent Dan Estrem today. He said he did not know how long the investigation would take. Sitka Police Sgt. Steve Case was disciplined by the city following a department-investigation of an incident in.November in which Case allegedly struck the head of a female prisoner against a wall or floor of the jail cell following her arrest The officer was demoted in rank from sergeant to patrolman and was suspended for 30 days.

The Alaska State Troopers office conducted a criminal investigation. District Attorney Rick Svobodny said that, although the case passed the screening standards for prosecution for assault in the fourth degree, he would not prosecute. He said it was unlikely a jury would convict, in light of the prisoner's "assaultive conduct." In a memorandum advising the police department of the FBI's investigation, City Attorney Theron Cole said: "It is the policy of the City and Borough of Sitka to cooperate fully in any such investigation. However, this investigation is not an action of the Municipality and it is not our place to try to compel any particular action by any employee. Employees are free to make their own decisions based upon their own judgment" Estrem declined to make any comment about specific details of the investigation.

About 50 Sitka residents turned out for a meeting Jan. 25 to talk about the case, most stating their belief that the city should have taken stronger action against Case. Some said they would attend tonight's Police and Fire Commission meeting to discuss the matter. The meeting is scheduled for 7 p.m. in the Centennial Building.

BylANMADER Associated Press Writer JUNEAU (AP) Juneau Mayor Byron Mallott, a former campaign director for Gov. Tony Knowles, has been chosen over three other finalists as executive director of the Alaska Permanent Fund Corp. Corporation board Chairman John T. Kelsey announced Mallott's selection in a two-paragraph news release Friday evening, offering no comment about the appointment. Kelsey and corporation spokesman Jim Kelly could not immediately be reached for comment late Friday.

Mallott, who was elected mayor of Juneau last fall, also served on the Permanent Fund's board from 1982 until 1991, including three years as chairman. He is former president and chief executive officer of Sealaska the regional Native corporation for Southeast Alaska. Mallott has said he would not resign the part-time, mayoralty if he were chosen for the full-time Permanent Fund job, which pays from $100,000 to $150,000 a year. Former board Chairman Oral E. Freeman of Ketchikan who was fired by Knowles last month said Mallott's appointment was connected to Mallott serving as statewide campaign director for Knowles' unsuccessful 1990 gubernatorial run.

"There is no doubt in my mind that it was a political payback. I'm sorry to see what has happened to the Permanent Fund," Freeman said. Mallott did not immediately return phone calls placed to his home and office late Friday. Bob King, spokesman for Knowles, also was not available late Friday. The board had 42 applicants for the job.

A list of four candidates was announced last month. It also included Hugh Malone of Juneau, a former state representative and revenue commissioner under Gov. Steve Cowper; Brian Rogers of Fairbanks, a former state representative and former University of Alaska vice president; and Robert M. Maynard of Boise, Idaho, the chief investment officer for that state's Public Employees Investment System. The board said last month it would interview the four candidates and choose one at a meeting Feb.

24. The news release gave no indication why che appointment was announced earlier. Mallott is to assume the post March 1. taking over for acting director Martin Pihl, the release said. BULLETIN At press time today Sitka High Activities Director Jim McGUmis said officials of the three large schools in Southeast conferred by telephone this afternoon and agreed that there will be a volleyball tournament for their schools this year, after all.

It will be held at Juneau March 30 April 1. By HEATHER MacLEAN Sentinel Staff Writer Athletic directors from Southeast's three large schools are to confer by telephone Tuesday morning about whether there will be a Region volleyball tournament for their schools this year. Region officials decided at their fall activities meeting to cancel the 1995 Division 4A tournament in a cost-cutting move, but word of the decision did not reach many of those directly affected. Sitka Athletic Director Jim McGin- nis, for one, said today that he wasn't aware that a decision had been made. 'Nothing is on paper," he said.

SHS coach John Franceschini found out just last week two weeks after the official start of the season -that no tournament had been scheduled for the 4A schools Sitka, Ketchikan and Juneau. Franceschini and coaches from Juneau-Douglas and Ketchikan believe they should have been in on the decision-making process. They plan to petition athletic directors and other Region officials to reinstate the tournament, which would normally be held March 30 through April 1 the week before the 4A state tournament begins in Anchorage. "We will do what we can to get it reinstated," said JDHS coach Sandi Wagner Sunday afternoon. McGinnis scheduled the conference call this afternoon when he found out from a Sentinel reporter that the Juneau and Ketchikan school districts have activities schedules that omit any mention of a Region volleyball tournament for large schools for 1995.

Alone of the large schools in the region, Sitka High distributed a preliminary activities schedule near the start of the year that showed the Division 4A (large school) Region volleyball tournament would be held in Wrangeil March 30 through Division 3A, 2A, 1A (smaller schools) tournament for Southeast is scheduled for Wrangell on those dates, and that tournament will go on as scheduled, officials said. It wasn't clear why the information affecting the change in large school volleyball competition was not disseminated in Sitka at the time the decision was made. Each of the state's four athletic regions is allowed to send two teams to state and traditionally the top two teams at the regional tournaments get the bids. In the absence of a Southeast tournament the regular season champion and runner-up would compete at the statewide event. Bob Hewitt, Ketchikan High assistant principal and Region representative to the Alaska School Activities Association, the state's governing body for athletics, said today that the decision to cancel the 4A tourney was made at a Region meeting last spring and finalized at a meeting in Juneau last October.

The thrust behind the change, he said, is to save money. "We (Ketchikan) got cut $50,000 in our activities budget, and we're looking for ways to save where we can," said Hewitt, Volleyball was targeted, he said, because with only three teams in the league, two of the teams get to play only one game and the third plays two. Basketball has a similar setup, but the tournament is held in conjunction with the Class 3 A tournament and the top 3A and 4A teams play each other to decide regional placing. The Continued on Page 8 Knowles Requests Review of State's Stand on Sovereignty FAIRBANKS (AP) The Law Department has begun a "Native Governance Project" aimed at reviewing Alaska's stance on Native sovereignty. The review, requested by Gov.

Tony Knowles, involves 27 assistant attorneys general and may seek reports from all state commissioners. A final report was due April 24. Attorney General Bruce Botelho said the review did not start by asking how to establish Indian country in Alaska. "The governor made a promise tc review these relationships and wants to improve relations between the state and rural Alaska," Botelho said. State lawyers will analyze the effeci of recognizing tribes in Alaska.

Native sovereignty calls for Native groups to be treated as a tribe, with governmental authority over its members except for criminal matters. The recognition also gives tribes the right to tax and regulate activity on its land. That territory, known as "Indian country," is exempt from state and local taxes. "We are trying to give (Knowles) the best guidance we can under the constraints we face, one of which is time," Botelho said, adding that decisions were due soon in several Indian country lawsuits. One lawsuit asks whether the Venetie Tribal Government may collect taxes from a contractor working on a construction project in the village.

Another asks whether the Kluti Kaah Native Village of Copper Center may tax Alyeska Pipeline Service where the trans-Alaska pipeline passes through. Tyonek on Cook Inlet has asked whether tribal members may bar outsiders from staying in the village more than 24 hours without permission. In a memo Jan. 30, Botelho said Knowles generally was supportive of "Native self-determination" although the governor had not yet reached conclusions..