1 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA 2 FIRST JUDICIAL DISTRICT AT JUNEAU 3 4 THE ALASKA LEGISLATIVE COUNCIL, on behalf of THE ALASKA STATE LEGISLATURE, Plaintiff, 5 v. 6 "'Cll<.J Cll i.. ,_, 0 Cll 00 = .... ..c:: Cl) ..... 7 .> 8 0\ 0\ C'I C'I ...::c: bD Cll "' Cll "' C'I Cll Cll < 9 <= C'I 10 .... "O Cl) Cll C'I C'I ...::c: "'C'I = = = Cll 08 = .... ..... =·- ....: i.. 0 0 ... :§Q 0 0 Cll.,, _ 0 < >:u CJ =. . Cll Cll =<"' .,.r· CJ C'I 11 I l/'l \0 .-.. Defendants. 12 13 Cll C'I bD ..... 00 HONORABLE MICHAEL J. DUNLEAVY, in his official capacity as Governor for the State of Alaska, KELLY TSHIBAKA, in her official capacity as Commissioner of Administration for the State of Alaska, and MICHAEL JOHNSON, in his official capacity as Commissioner of Education and Early Development for the State of Alaska. i.. .... Cll Cll 14 Cll .... 15 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Original Received JUL 15 2019 .., . Clerk of the Trial Courts Case No . IJU-19- D01 '?3cr COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING <• ..........i.. C'I .... 0 .Sn Cll 16 17 For its claims for relief, and without waiving any rights, privileges or immunities of Legislative Council, the Legislature, or any member of the Legislature, Plaintiff alleges as follows: 18 19 20 21 22 PARTIES 1. Plaintiff Alaska Legislative Council (hereinafter "Council") is a permanent interim committee of the Alaska State Legislature (hereinafter "Legislature") and consists of 14 legislators. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING _ Legislative Council v. Dunleayy, et. al, Case No. Page 1of9 1 2. On May 28, 2019, the Legislature delegated to the Council the authority to 2 initiate and direct litigation regarding the appropriations described in this complaint by a 3 vote of 14 yeas and 4 nays in Alaska State Senate and a vote of 23 yeas and 14 nays in 4 the Alaska State House of Representatives. 5 complaint. 6 Council has the power to file this 3. On June 13, 2019, Council met and voted by a vote of 14 yeas and 0 nays to file this complaint on behalf of the Legislature regarding the appropriations described in this complaint. 4. Defendant Michael J. Dunleavy is the Governor of the State of Alaska. 5. Defendant Kelly Tshibaka is the Commissioner of the Department of Administration of the State of Alaska. 6. Defendant Michael Johnson 1s the Commissioner of the Department of Education and Early Development of the State of Alaska. JURISDICTION 7. This court has subject matter jurisdiction to hear this complaint under AS 22.10.020 and article IV, sections 1 and 3, Constitution of the State of Alaska. 17 18 19 8. This court has personal jurisdiction to hear this complaint under AS 09.05.015. 9. Venue is proper in the First Judicial District. 20 21 22 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING CI Legislative Council v. Dunleavy. et. al, Case No. lnJ-19Page 2 of9 1 2 3 4 5 6 FACTUAL ALLEGATIONS 10. Under articles II and IX, Constitution of the State of Alaska, the power of appropriation rests with the Legislature. 11. Under article III, section 16, Constitution of the State of Alaska, the Governor "shall be responsible for the faithful execution of the laws." 12. Under article VII, section 1, Constitution of the State of Alaska, "[t]he [L ]egislature shall by general law establish and maintain a system of public schools open to all children of the State .... " 13. On February 7, 2018, the Alaska State House of Representatives passed HB 287 (brf sup maj fld). On April 14, 2018, the Alaska State Senate passed SCS HB 287(FIN). On April 18, 2018, the Alaska State House of Representatives passed SCS HB 287(FIN) by concurring in the Senate amendments. On April 30, 2018, SCS HB 287(FIN) was transmitted to Governor Bill Walker. On May 4, 2018, Governor Bill Walker signed SCS HB 287(FIN) into law, which became chapter 6, SLA 2018. 14. Chapter 6, SLA 2018, which took effect July 1, 2019, appropriates full funding for public school districts in the state and for transportation of students, as well 17 as one-time additional money for public schools, for the fiscal year 2020. 18 15. Alaska Statute 14.l 7.610(a) provides that "[o]n or before the 15th day of 19 each of the first nine months of each fiscal year, one-twelfth of each district's state aid 20 shall be distributed on the basis of the data reported for the preceding fiscal year." 21 22 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING Legislative Council v. Dunleavy, et. al, Case No. lJU-19CI Page 3 of9 1 16. Defendants have failed to execute or otherwise disburse the funds 2 appropriated by the Legislature for public school districts for the fiscal year 2020. 3 Without disbursement of state funding to public school districts, public schools across 4 the State will not be able to open their doors for the 2019-2020 school year. PLAINTIFF'S FIRST CLAIM (STATE AID) 5 6 17. The allegations in paragraphs 1-16 of this complaint are realleged and incorporated by reference. 18. In section 5(c), ch. 6, SLA 2018, the Legislature appropriated "[t]he amount necessary to fund the total amount for the fiscal year ending June 30, 2020, of state aid calculated under the public school funding formula under AS 14.17.41 O(b) ... from the general fund to the public education fund (AS 14.17 .300). 11 19. Defendants have failed to execute the appropriation made in section 5(c), ch. 6, SLA 2018, or to distribute the amount appropriated in section 5(c), ch. 6, SLA 2018, to school districts in accordance with Alaska Statute 14.17 .610(a). 20. Defendants' failure to distribute the amount appropriated in section 5(c), ch. 6, SLA 2018, to school districts in accordance with Alaska Statute 14.17.610(a) 17 infringes on the ability of the Legislature to maintain a system of public schools in 18 accordance with article VII, section 1, Constitution of the State of Alaska. 19 21. Defendants' failure to execute the appropriation made in section 5(c), ch. 6, 20 SLA 2018, unlawfully infringes upon the legislative power of appropriation and is in 21 22 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING Legislative Council v. Dunleavy, et. al, Case No. lJU-19Page 4 of9 CI 1 violation of article III, section 16, Constituti6n of the State of Alaska, and in violation of 2 the separation of powers doctrine. 3 22. Plaintiff is entitled to declaratory and injunctive relief ordering Defendants 4 to faithfully execute the appropriation made in section 5(c), ch. 6, SLA 2018 and to 5 distribute the funds to school districts in accordance with Alaska Statute 14.17.610(a) 6 without further delay. PLAINTIFF'S SECOND CLAIM (TRANSPORTATION OF STUDENTS) 7 8 9 10 23. The allegations in paragraphs 1-22 of this complaint are realleged and incorporated by reference. 11 24. In section 5(d), ch. 6, SLA 2018, the Legislature appropriated "[t]he amount 12 necessary to fund transportation of students under AS 14.09.010 for the fiscal year 13 ending June 30, 2020, . . . from the general fund to the public education fund 14 (AS 14.17.300)." 15 25. Defendants have failed to execute the appropriation made in section 5(d), ch. 16 6, SLA 2018, or to distribute the amount appropriated in section 5(d), ch. 6, SLA 2018, 17 to school districts in accordance with Alaska Statute 14.17 .610(a). 18 26. Defendants' failure to distribute the amount appropriated in section 5(d), ch. 19 6, SLA 2018, to school districts in accordance with Alaska 20 infringes on the ability of the Legislature to maintain a system of public schools in 21 accordance with article VII, section 1, Constitution of the State of Alaska. 22 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING Legislative Council v. Dunleavy. et. al, Case No. lJU-19Page 5 of9 CI 14.17,610(a) 1 27. Defendants' failure to execute the appropriation made in section 5(d), ch. 6, 2 SLA 2018, unlawfully infringes upon the legislative power of appropriation and is in 3 violation of article III, section 16, Constitution of the State of Alaska, and in violation of 4 the separation of powers doctrine. 5 28. Plaintiff is entitled to declaratory and injunctive relief ordering Defendants 6 to faithfully execute the appropriation made in section 5 (d), ch. 6, SLA 2018, and to distribute the funds to school districts in accordance with Alaska Statute 14.17. 610( a) without further delay. PLAINTIFF'S THIRD CLAIM (GRANT FUNDING) 29. The allegations in paragraphs 1-28 of this complaint are realleged and incorporated by reference. 30. In section 4, ch. 6, SLA 2018, the Legislature made the following appropriation: The sum of $30,000,000 is appropriated from the general fund to the Department of Education and Early Development to be distributed as grants to school districts according to the average 17 daily membership for each district 18 AS 14.l 7.410(b)(l)(A) - (D) for the fiscal year ending June 30, 19 2020. 20 21 22 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING Legislative Council v. Dunleavv, et. al, Case No. lJU-19CI Page 6 of9 adjusted under 1 31. Defendants have failed to execute the appropriation made in section 4, ch. 6, 2 SLA 2018, or to distribute the amount appropriated in section 4, ch. 6, SLA 2018, to 3 school districts. 4 32. Defendants' failure to distribute the amount appropriated in section 4, ch. 6, 5 SLA 2018, to school districts infringes on the ability of the Legislature to maintain a 6 system of public schools in accordance with article VII, section 1, Constitution of the 7 State of Alaska. 8 33. Defendants' failure to execute the appropriation made in section 4, ch. 6, 9 SLA 2018, unlawfully infringes upon the legislative power of appropriation and is in 10 violation of article III, section 16, Constitution of the State of Alaska, and in violation of 11 the separation of powers doctrine. 12 34. Plaintiff is entitled to declaratory and injunctive relief ordering Defendants 13 to faithfully execute the appropriations made in section 4, ch. 6, SLA 2018, and to 14 distribute the funds to school districts in accordance with Alaska Statute 14 .17. 610(a) 15 without further delay. 16 17 18 RELIEF REQUESTED WHEREFORE, the Alaska Legislative Council, on behalf of the Alaska State Legislature, requests the following relief: 19 1. Declaratory judgment that Defendants have violated the Constitution of the 20 State of Alaska by failing to execute the appropriation made in in section 5(c), ch. 6, 21 22 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING Legislative Council v. Dunleavv, et. al, Case No. lJU-19Page 7 of9 CI 1 SLA 2018 and failing to distribute to school districts the amounts appropriated by the 2 Legislature. 3 2. Declaratory judgment that Defendants have violated the Constitution of the 4 State of Alaska by failing to execute the appropriation made in in section 5(d), ch. 6, 5 SLA 2018 and failing to distribute to school districts the amounts appropriated by the 6 Legislature. 3. Declaratory judgment that Defendants have violated the Constitution of the State of Alaska by failing to execute the appropriation made in in section 4, ch. 6, SLA 2018 and failing to distribute to school districts the amounts appropriated by the Legislature. 4. An injunction mandating Defendant Kelly Tshibaka, as the Commissioner of the Department of Administration of the State of Alaska, and Defendant Michael Johnson, as the Commissioner of the Department of Education and Early Development of the State of Alaska, and their successors, agents, and employees to disburse money to school districts in accordance with the following appropriations passed by the Legislature and enacted into law: 17 (A) Section 5(c), ch. 6, SLA 2018; 18 (B) Section 5(d), ch. 6, SLA 2018; and 19 (C) Section 4, ch. 6, SLA 2018. 20 5. An injunction prohibiting Defendant Michael J. Dunleavy, as Governor of the 21 State of Alaska, and his successors, officers, agents, servants, employees, or attorneys 22 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING Legislative Council v. Dunleavy. et. al, Case No. lJU-19Page 8 of9 CI "' a> a> u .> 1 from impounding or withholding money from th.e appropriations described in paragraph 2 4 of this prayer for relief. 3 6. An order requesting Defendants Kelly Tshibaka and Michael Johnson, or their 4 successors, to give Plaintiff an accounting of the expenditures of all money under the 5 appropriations described in paragraph 4 of this prayer for relief, indicating when, how 6 much, and to whom, each expenditure was made. 7 7. Plaintiffs attorney's fees and costs herein. 8 8. Such other relief as the Court may find to be just and equitable. ,.-.< i... 0 = CZla> i... 00 0\ ..... bJ) a> a> "' "' t - .... "O = CZl < t 0 9 :;; Megan A/Wallace, Bar No. 1205024 Director U Alaska State Legislature, Legislative Affairs Agency Division of Legal and Research Services 120 4th Street, State Capitol, Room 3 Juneau, AK 99801 Megan.Wallace@akleg.gov (907) 465-2450 11 I \C 0 - 12 :§A < u >;u =<{I)....: t 13 t 14 < ........ = < t .... 15 i... • ·- a> i... > " ..... bJ) .... 0 ,.!S N "' ...... 'SD a> 16 17 18 19 20 21 22 THIS MATTER IS FORMALLY ASSIGNED TO DANIEL SCHALLY SUPERIOR COURT JUDGE Assistant Revisor of Statutes Alaska State Legislature, Legislative Affairs Agency Division of Legal and Research Services 120 4th Street, State Capitol, Room 3 Juneau, AK 99801 Hilary.Martin@akleg.gov (907) 465-2450 ATTORNEYS FOR THE ALASKA LEGISLATIVE COUNCIL COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AN ACCOUNTING Legislative Council v. Dunleavv, et. al, Case No. lJU-19CI Page 9 of9