Residency Requirement Raises Council Eligibility Questions
Friday, March 15 2013
What makes someone a resident of Unalaska? That question isn’t answered clearly in city code, and a disagreement over the definition could derail City Council’s attempt to fill a vacant council seat.
Earlier this week, Earl “Skip” Southworth and Doanh Tran both submitted applications asking to be appointed to city council seat “F,” which was vacated by Zac Schasteen last month.
Now, Southworth is questioning whether Tran is eligible to fill the seat. At issue is whether Tran fulfills the requirement in city code that reads “No person shall hold the elective office of City Council or be eligible to seek election thereto unless at the time of declaration of candidacy they are a voter in the city who has resided within the city for a period of no less than one (1) year. A member of the City Council who ceases to be a voter in the city immediately forfeits office.”
Southworth says he interprets that to mean you have to be a voter in the district for at least a year before running for council. Tran registered to vote in the district on February 20.
“My concern is, ‘is she eligible?’ Southworth says. "And I think someone should look at it. I know I’m eligible. I’ve lived here for over 32 years. I’ve voted in the community. I’ve voted in all the elections and issues over the last year. And she hasn’t. So, is there a reason why there’s a year wait? I would say it’s like a probationary period, maybe it’s a time when you become acclimated to the issues that are at hand.”
But Unalaska city clerk Elizabeth Masoni says the city doesn’t define residency based on voter registration. In fact, the city doesn’t define residency at all.
“[City code] doesn’t define residency," Masoni says. "But we don’t consider those people who have a part-time jobs, for example, someone who goes out and fishes for six or seven or eight weeks, however long one might be gone fishing, we don’t assume that they’ve given up their residency, and we don’t assume that a student, a youngster who goes off to school in another city, we don’t assume that they’ve given up their residency."
Tran hasn’t lived full-time in Unalaska since 2007. She attended Unalaska City High School, but spent her senior year at Mt. Edgecumbe in Sitka, and graduated from there in 2008. She then attended the University of Alaska and graduated with a degree in Justice last year. And now she’s a legislative aide to Representative Bob Herron in Juneau. Masoni says being a student and having a part-time job with the legislature are factors in her residency.
“And because her family lives here, and she graduated from high school here [sic], and she considers this her home.
For her part, Tran says she’s surprised her residency has become an issue. Her response to critics is this: “Are you really going to turn away someone who is actually dedicated to serving their community, who has ties to the community and to the legislature, who knows what’s going on?"
Tran’s family runs the Airport Restaurant, and she says she always planned to come back to Unalaska once the legislative session was over, although she wouldn’t specify her exact plans.
She says the opening on council happened to come at a fortuitous time, and that her change in voter registry had nothing to do with it, although it happened just two days before Schasteen officially announced he was stepping down.
Responding directly to Southworth’s concern about her voting history, Tran says as far as she can recall, she was registered to vote in Unalaska until October 2012, when she switched her registration in anticipation of going to law school in Anchorage.
The Division of Elections wasn’t immediately able to provide Tran’s voter record. Tran's voter record shows that she was registered in Unalaska until July 2012. But it’s not clear if that record will even be a factor during the appointment process. The city council could ignore the question entirely, they could also decide to clarify the language in the ordinance, or they could consult with the city attorney for his interpretation of the code.
Council is set to address the appointment at their meeting on March 26.
A name on Thursday, March 21 2013:
The law vs. personal opinion
No name on Wednesday, March 20 2013:
What is a local, a resident, and transient?
Just Saying on Tuesday, March 19 2013:
Thank you “Old Cynical Man” for the “vote” of confidence. Who knows, maybe I will submit my application!
“Words of Wisdom,” if you think this is all about a “22 year old person” running for seat F, then it is you, and not “Old Cynical Man” that should get with the program. The posts have addressed the city code, defining the city code and its open meaning of residency. Reference has also been made about life experiences, not about being 22.
This is also about a poorly written city code which leaves many differing interpretations. Definitions and interpretations that city representatives are not even clear about. Doesn’t that sound like a valid concern to you? Moreover, isn’t it even additionally concerning that the city, who wrote the code, varies in its interpretations as it see fit? Code is a code is a code. It is there for a reason, it is there for ALL to follow. If we lose sight of that, then what else do we have to fall back on? The city?.....I, as a member of the community, deserve an intelligible explanation of what the city code actually means, and if that cannot be provided, then rewrite the darn thing. Once that is done, then let’s move forward on filling the seat. Doing this ass backwards only leave a whole lot of dung
The council may be comprised of people who may not have the community’s best interest at the forefront of their agenda. Heck, look back at the Museum discussions. How can you be a non-profit organization, ask the city for money for a remodel, and are a voting participant as well. Nope….The council, “local government 101” as you put it, also taught us that politicians, even local politicians cannot be trusted.
This isn’t about supporting or nor supporting the young up and coming. Support the up and coming, I do as well. I think it is great that there are young people of the community wanting to take part in the progress and growth. This is about meeting the requirements of a code, written by the city. If this up and coming can’t see that, then maybe stepping back might be the right thing to do.
Just saying…..
Words of Wisdom on Monday, March 18 2013:
Anyone who fears that this one person, 22 year old girl, is going run all meetings and make all decisions on the council is completely out of touch with reality. A council does not exist under the rulings and decisions of one person. It is called a COUNCIL, hello!?? Come on -- Local government 101, Old Cynical Man. Get with the program!
I support the up and coming generation. We raised them, now let's give them a place at the table for discussions, learning opportunities and train them so that one day when all us old farts are gone, someone will have an understanding of the world we left in their hands.
Now is the time to allow this young lady step forward.
Old Cynical Man on Monday, March 18 2013:
My choice for seat "F" is "Just Saying" . This person seems very knowledgeable , informed, and obviously already knows the true workings of our council system here in Unalaska/Dutch Harbor.... just saying - seems like the best choice so far
Reason on Monday, March 18 2013:
There is no interpretation required in the city code, it states clearly and plainly that you must be registered to vote within the city and that you've had to reside their for a year. It does not define when for either, save being registered to vote while on the concil. The city does not need to define residency as the dictionary has done a sufficent job. If any of you feel that these requirements are to lax, you should bring it up with the city.
As for exerience, rather than conjecture of her having none, you could address your concerns at the upcoming concil meeting. Better yet you could kindly accept her offer in contacting her with questions as she suggested in her comment on the matter.
Well... on Sunday, March 17 2013:
I will leave it up to the City Council to interpret and decide what to do since they are the ones making this appointment, not me. However, I can say from experience that the sections of the City Ordinance that I have read, studied and worked under are in dire need of being revised. Some of the content needs updated and much of the current language needs to be re-written for clarity. It sounds like the City Code needs some serious work as well.
Just Saying on Sunday, March 17 2013:
I find it both interesting, and concerning in reading all of the comments posted regarding the interests and concerns from people of the community, to the parties interested in filling the vacant “seat F” and here’s why.
First and foremost, there is a requirement in the City Code as pointed out by Southworth. The question at hand is, whether Tran meets the requirements of that code. The code, although poorly written and left to vast interpretations, is a guideline nonetheless that we the people of the community should impress upon the city and other members of the council, to follow, regardless. No following these “guidelines” is perceived as deceptive. Personally, if a candidate opposes the very code in which is created, for the good of the community, then that would be a candidate I would not vote for, period. Not saying anyone is….just saying!
To say, as Masoni puts it, the city doesn’t define residency based on voter registration. In fact, the city doesn’t define residency at all” is another defining characterization of how the city works. The city abides by the rules when it seems it is beneficial, the city bends the rules when it is beneficial, oh and the city makes the rules. How about, for once, the city follows the rules for the good of the community? So, the question we should be asking, since the city does not follow rules, or in this case “code”, is what the definition of “residency” is within the scope of the city code. “The city council could ignore the question entirely, they could also decide to clarify the language in the ordinance, or they could consult with the city attorney for his interpretation of the code.” Really, I wonder what the outcome will be on that. Could it be perceived as “fortuitous?” “Fortuitous” is an interesting choice of word to use. It could be defined as, “coming or happening by luck of chance. Related words might be convenient, fluky, opportune, profitable, and deliberate……There was nothing “fortuitous” about Zac leaving his seat on council. I suspect several members knew, and started recruiting people whom they felt would be easily manipulated and coerced…… Just saying
Although the domicile and residence of a person are usually in the same place, and the two terms are frequently used as if they have the same meaning, they are not synonymous. A person can have two places of residence, such as one in the city and one in the country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with the intent to make it a fixed and permanent home. Residence merely requires bodily presence as an inhabitant in a given place, whereas domicile requires bodily presence in that place and also an intention to make it one's permanent home.
This distinction is relevant for members of the military, who may move frequently during the course of a typical career; college students, whose state of domicile may affect whether they are eligible for scholarships and grants from a state university; and retired individuals, whose domicile will determine where they pay taxes. Domicile determines where a person votes and where a person's driver's license is issued.
To say one has family that lives here, graduated from here, which is looks like she did not graduate from Unalaska rather graduated from Edgecombe in Sitka, and considers Unalaska home, as validation of meeting the requirements of “residency” is unreasoned. If that was the case, we could essentially say terrorists wanting to fill seat F, and who has family residing here, has graduated from here, and considers Unalaska home, meets the residency requirements… is just as illogical. A crazy illustration, but I hope you get the point.
So, do you think the parties wishing to fill the vacant “seat F” meet the definition of residency?” It is for the people of the community to decide….make no mistake on that little one!
Lastly, I have to say I agree with “Old Cynical Man’s” entire post. 22 years is not enough to have any life experiences that really matter. There is a foundation in which she can build upon, and time going forward in which she is able to experience more of life’s ups and downs, and critical life changing decisions. I would not vote for her this time around, however in saying that, if she were to run 10 years from now, and dependent on her development, views and causes, I very well might vote for her then….but not now….
……Just Saying
Informedgirl on Saturday, March 16 2013:
"She says the opening on council happened to come at a fortuitous time, and that her change in voter registry had nothing to do with it, although it happened just two days before Schasteen officially announced he was stepping down" I find this paragraph slightly humorous...it's accusing Doanh of changing her registration in anticipation for this open seat...which I find ridiculous since as stated above it was BEFORE Schasteen actually stepped down.
I trust that she didn't know this would happen and she'd be able to put her name in the hat for the seat this soon instead of waiting and running in the next election.
Also...there is no flippin law school in Anchorage. Must be a typo on the reporters part.
In today's world everyone is talking about the next generation, the young people stepping up. Politicians are always drafting their speeches to get young people's support. So, here is a young lady who has stepped up to the plate and I think we should all welcome her with open arms...if we encourage our young people to get involved in their community and than run stories on them and try to prove they aren't worthy what really are we accomplishing??? I hope that the city officials take this into consideration when making this decision. Let's also remember that it's them making this appointment not the people this time. If Doanh get's the position and you aren't satisfied with her (which I doubt!) than don't vote for her for re-election but let's give her a chance!
Doanh Thi Tran on Saturday, March 16 2013:
To the community members of Unalaska,
I’d like to thank the people who have given positive feedback about my desire to participate in local government.
To those whom have concerns about my residency, eligibility, and competency, it is rightfully up to the City Council to review my candidacy for this appointment at the next Council meeting on March 26. If deemed qualified, come October it will be up to the people of Unalaska to decide.
As for the report by Stephanie Joyce, I would like to offer a correction. She stated, “she switched her registration in anticipation of going to law school in Anchorage,” when in fact I never intended to pursue law school in Anchorage as there is not one there. I stated that I was pursuing other educational opportunities and studying for the LSAT (Law School Admissions Test).
Again, I truly appreciate the support I’ve received about my interest in the vacant City Council seat. To avoid inconsistencies in stories, I welcome all further questions and concerns at Miss.Doanh@gmail.com.
are you kidding on Saturday, March 16 2013:
LAW SCHOOL in Anchorage? Are you kidding? There are no law schools anywhere in Alaska!
Old Cynical Man on Saturday, March 16 2013:
Graduated from high school elsewhere in 2008 - so maybe 22 years old!?! Not enough life experience and no real work experience - other than being an "aide" - sorry - need someone who has actually worked in a real job - lived in the real world - Did mommy and daddy foot the bill for college? Did she get loans? Has she re-payed the loans? Has she ever bought a car, bought a house, bought he own phone plan? Possibly none of these - and she wants to make decisions on funding, taxation, and budgeting for a whole city? Doubtful any real experience there.
Innocent bystander on Saturday, March 16 2013:
We should be able to choose our council persons based on their merits and not how long they've lived here. We finally have an educated candidate who actually understands what us commoners really want and doesn't come in with special interest. Let her run!
long term resident here too... 30 years on Saturday, March 16 2013:
Our City of Unalaska/Dutch Harbor needs some help and new ideas on the City Council.
And what if two or more City Council members are in the same business? IMHO that is not good for our City.
okey - dokey on Saturday, March 16 2013:
i will vote for her!!!
damn it... on Saturday, March 16 2013:
let 'er run for council - it sounds like she more than deserves to get a decent chance to run for council - here is one vote for her!!
Vikinggirl on Friday, March 15 2013:
Concerned, I could not agree more. We are always trying to interest the younger generation in local government, what a terrible message this sends. If something is written so broadly that anyone can have an opinion on what it means, who gets to decide what the intent of the language was? Maybe the intent was to avoid the "new resident" from stepping in to govern on a community that they don't even know. Someone who has lived in Unalaska for years should not be considered by the City as a non-resident because they left for school in Anchorage. Sad.
Concerned on Friday, March 15 2013:
It's ridiculous that this is even an issue. What should be questioned is who will better help the community, not who's been there longer, hurrrr.