On behalf of the Anchorage Assembly, the Assembly Counsel’s office filed an appeal with the State of Alaska Superior Court this morning to appeal the final administrative order by Mayor Bronson that denied Assembly Leadership’s February 14 request under the Alaska Public Records Act to access the records detailing the investigation into Joe Gerace’s tenure as the Anchorage Health Department Director.
On February 14, Assembly Leadership requested two documents from the internal investigation. On February 16, the Mayor issued a response that denied the Assembly’s appeal to access to the records, citing the constitutional right to privacy and an Anchorage Municipal Code provision that establishes the confidentiality of Municipal personnel records. Today’s filing officially delivers the question of the records release to the court.
March 17 | Appellant's Statement of Points on Appeal February 16 | Final Administrative Order of Denial
The Assembly’s appeal argues four points:
Mayor Bronson’s denial order incorrectly asserts that the requested records are personnel files that cannot be disclosed under the Anchorage Municipal Code.
Mayor Bronson’s denial order incorrectly asserts that the requested records are exempt from disclosure by the Anchorage Municipal Code.
Mayor Bronson’s denial order incorrectly suggests that the constitutional right to privacy prevents the requested records from being released, without Mr. Gerace’s consent.
Mayor Bronson’s denial order asserts no lawful basis to prevent disclosure of the requested records to the Assembly, or the subsequent public release of the requested documents.
While there are several legal avenues to pursue a court decision, filing an appeal distills the legal questions and provides a clear path for each side to present arguments without delay. Following today’s filing, a judge will be assigned to the case and set a briefing schedule. If either party requests an oral argument, the judge will set a hearing date. After both sides have presented their arguments, the court will render its decision.
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CONTACT:
Suzanne LaFrance | Assembly Chair
suzanne.lafrance@anchorageak.gov
Christopher Constant | Assembly Vice Chair
christopher.constant@anchorageak.gov