jnu.law.ecf@alaska.gov

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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
FIRST JUDICIAL DISTRICT AT JUNEAU
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Plaintiff,
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v.
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HONORABLE l\1ICHAEL J.
DUNLEAVY, in his official capacity as )
Governor for the State of Alaska, KELLY )
TSHIBAKA, in her official capacity as
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Commissioner of Administration for the )
State of Alaska, and MICHAEL
)
JOHNSON, in his official capacity as
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Commissioner of Education and Early
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Development for the State of Alaska,
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THE ALASKA LEGISLATIVE
COUNCIL, on behalf of THE ALASKA
STATE LEGISLATURE,

COP't

Original Received

JUL 16 2019
Clerk of the Trial Courts

Case No.:

lW-19- 00152

CI

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JOINT MOTION AND PROPOSED ORDER REGARDING FISCAL YEAR 2020
EDUCATION FUNDING PENDING RESOLUTION OF LITIGATION
JOINT MOTION

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The Plaintiff, Legislative Council, and the Defendants, Governor Michael J.
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Dunleavy, Commissioner Kelly Tshibaka, and Commissioner Michael Johnson,

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representing respectively the legislative and executive branches of Alaska's state

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government, have a substantial disagreement regarding an important constitutional

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question which, under the Alaska Constitution, requires resolution by the judicial

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branch. The question concerns the constitutionality of appropriations for education

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spending for fiscal year 2020 (FY20) enacted by an appropriation bill passed in 2018
(HB 287, secs. 4, 5(c), and 5(d), ch. 6, SLA 2018). The Legislative Council maintains

 the appropriations are lawful and that Defendants should execute the appropriations and
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distribute the state funds to school districts in FY20 according to the appropriations. The
Governor, on the advice of the Attorney General, maintains that the appropriations are

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unconstitutional and thus there is no lawful appropriation authorizing the release of state
funds to school districts for FY20.
The Plaintiff and the Defendants, however, recognize the importance not only of
the constitutional question presented to the Court in this matter, but ensuring that
Alaska's schools timely receive state funding while this litigation proceeds.

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Accordingly, without prejudice to their respective legal positions in this case, the
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parties request that the Court enter this stipulated order providing for monthly

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disbursement from the state's general fund to the public education fund (AS 14.17.300)

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for disbursement to school districts of an amount necessary to fund the total amount of

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state aid calculated under the public school funding formula under AS 14.l 7.410(b) and

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the pupil transportation funding formula under AS 14.09.010 until the Court enters a

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final judgment, or June 30, 2020, whichever occurs first. State aid to school districts

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should then be distributed to school districts in accordance with AS 14.17.610 until the

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Court enters a final judgment, or June 30, 2020, whichever occurs first. Without

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prejudice to the Plaintiffs' claims for relief, the monthly disbursements will not include

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the additional $30 million in school district grants for FY20 also enacted in the 2018

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appropriation law in section 4, ch. 6, SLA 2018.
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The parties intend by separate motion to submit a proposed order with a briefing
Alaska Legislative Council v. Dunleavy, et al.
JOINT MOTION RE EDUCATION FUNDING
PENDING RESOLUTION OF LITIGATION

Case No. lJU-19-

CI

Page 2of4

 schedule for expedited consideration of this suit.
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DA1ED:

PLAINTIFF'S COUNSEL

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By:

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Bar No. 1205024
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Director
Alaska State Legislature, Legislative
Affairs Agency
Division of Legal and Research Services
State Capitol
Juneau, AK 99801
Megan. Wallace@akleg.gov
(907) 465-2450

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IL

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AA-tU--IMrwJ lws-o t.f

kar No. cf505039

Assistant Revisor of Statutes
Alaska State Legislature, Legislative
Affairs Agency
Division of Legal and Research Services
State Capitol
Juneau, AK 99801
Hilary.Martin@akleg.gov
(907) 465-2450

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Attorneys for the Alaska Legislative
Council

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DATED:¥' 2019.

KEVIN G. CLARKSON
ATTORNEY GENERAL

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By:

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Alaska Legislative Council v. Dunleavy, et al.
JOINT MOTION RE EDUCATION FUNDING
PENDING RESOLUTION OF LITIGATION

Case No. lJU-19-

CI

Page 3 of 4

 Margaret Paton-Walsh
Alaska Bar No. 0411074
Email: margaret. paton-walsh@alaska.gov
Telephone: (907) 269-5100

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Bill Milks
Alaska Bar No. 0411094
Email: bill.milks@alaska.gov
Telephone: (970) 465-3600

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Attorneys for Defendant

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ORDER
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IT IS HEREBY ORDERED for good cause and in the public interest that the

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joint motion is granted and that while this matter is pending before the court, state

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funding for education shall be disbursed from the state's general fund to the public

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education fund (AS 14.17.300) on a monthly basis based on the calculation of the

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amount necessary to fund the total amount of state aid calculated under the public

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school funding formula under AS 14 .17.41 O(b) and the pupil transportation funding
formula under AS 14.09.010. The Defendants shall distribute state aid to school districts

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in accordance with AS 14.17.610 until this Court enters a final order in this matter, or

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June 30, 2020, whichever occurs first.

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DATED: _ _ _ _ _ _ :, 2019.
Superior Court Judge

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Alaska Legislative Council v. Dunleavy, et al.
JOINT MOTION RE EDUCATION FUNDING
PENDING RESOLUTION OF LITIGATION

Case No. lJU-19-

CI

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