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2009 Alaska Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagak0015 and id is 1 raw text is: April 18, 2009 Jerry Gallagher Issued for Printing: April 20, 2009 Legislative Director Office of the Governor P.O. Box 110001 Juneau, AK 99811-0001 Re: Senate District B Appointment Process Dear Mr. Gallagher: You have asked for our views regarding Governor Palin's appointment of Mr. Grussendorf to fill the Senate vacancy for Senate District B. The Senate District B vacancy was created when Senator Elton resigned on March 2, 2009. On March 30, Governor Palin appointed Mr. Tim Grussendorf to the vacancy as required by AS 15.40.320. At some point thereafter, at a closed-door meeting that was not preceded by notice of its time or place, the Senate Democrats met to consider the appointment of Mr. Grussendorf. In an unsigned memo dated April 1, the Alaska Senate Democrats advised Senate President Stevens that Mr. Grussendorf did not achieve the needed support to be seated. Governor Palin responded on April 2, requesting that the Senate consider my nomination of Mr. Grussendorf in open session, in the same fashion as the legislature would consider any other appointment subject to confirmation. On April 6, seven of the nine Senate Democrats sent Governor Palin a letter stating that Mr. Grussendorf had not been confirmed. On April 6, Governor Palin appointed Mr. Joe Nelson under AS 15.40.320. At some point thereafter, at a closed-door meeting that was not preceded by notice of its time or place, the Senate Democrats met to consider the appointment of Mr. Nelson. On April 10, 2009, Sen. Ellis sent Governor Palin a letter stating that Mr. Nelson had not been confirmed.