(Published: January 20, 2005)
The city of Anchorage and at least some state legislators have long battled over who has how much control over the flow of federal funds to city transportation projects. Even when Republican-friendly mayors George Wuerch and Rick Mystrom were in charge, Republican state Sen. Dave Donley schemed to boost legislative power over AMATS, the panel that sets Anchorage transportation priorities.
Sen. Donley got this power grab approved once, but then-Gov. Tony Knowles vetoed it. Knowles, a former Anchorage mayor, understood the importance of local control over local transportation decisions. He also knew the power grab raised legal risks, since it likely violated federal funding rules for setting the membership on panels like AMATS.
Now that Mark Begich is mayor, the transportation funding conflict between the state and city is even sharper. Partisan rancor has inflamed the battle, even though the mayor's office is officially nonpartisan. Mayor Begich is as much a Democrat as Mayors Wuerch, Mystrom and Fink were Republicans -- but his conflicts with the GOP-led Legislature are more apparent.
Some legislative Republicans, led by Senate President Ben Stevens, decided to trim Mayor Begich's influence. With Gov. Knowles out of the way, Sen. Stevens was able to change state law and usurp local control over AMATS. His measure expands the key AMATS policy panel from five members to nine by adding two nonvoting legislators and two citizens with full voting rights.
Senator Ben and his allies were warned that the unilateral change to AMATS likely violates federal funding rules. Membership changes are supposed to require consent from both the city and the state -- and the city most emphatically does not agree to the change.
Mayor Begich had little choice but to fight this power grab in court. In doing so, the city may have to weather a heavy-handed tactic by the state. Its bureaucrats have threatened to reprogram money from Anchorage projects for failing to comply with the questionable state law. Mayor Begich, to his credit, called the state's bluff by filing the suit.
The mayor's suit also challenges another state power grab in the AMATS process. AMATS has in years past spent more than the federally required 10 percent on transportation "enhancements," such as trails and landscaping. This, again, was a local decision, under several mayors. Senator Ben didn't want to spend as much on enhancements, so he took it upon himself to pass a law limiting enhancements to 10 percent. Whether that move is legal or not, it's another case where Senator Ben and the state are trying to micro-manage local decisions through AMATS.
It would be nice if this lawsuit -- and the state power grab that gave rise to it -- could have been avoided. But the principle of local control matters; this lawsuit is necessary and appropriate in the face of legislative arrogance and partisanship.
BOTTOM LINE: The state, led by Sen. Ben Stevens, is trying to usurp local control over Anchorage transportation funding decisions. Mayor Begich is right to fight back in court.