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Wednesday, February 08, 2023

My Thoughts On Pro Publica And ADN Summary Of The Bronson Corruption

[NOTE:  This post highlights the ProPublica/ADN report on the Bronson administration.  I've added my own reactions in blue.]

For those in a hurry, summary of  points I make:

1.  Baker, as a private contractor, was NOT a client of the Municipal Attorney and thus the attorney saying he can't discuss the case because of that is incorrect.  And if he was a client of the attorney, then t was more inappropriate as part of the Mayor's team to approach the Attorney.

2.  Assembly should make it illegal for the administration to remove the indemnity clause in contracts without Assembly approval, regardless the value of the contract.  

3.  Media have to do a better job of getting past the facades of politicians (and others in power) to get the public the real scoop on who these people are and what they do.  Local media need to give reporters focused beats and incentives to stay on them to develop reliable contacts who will give them tips.  


Image from the ProPublica/ADN article
ProPublica and the ADN published a long article that pulled together many of the events that have happened in the Dave Bronson administration.  It's worth reading. 

It didn't cover all details, but focused on Larry Baker and the conflicts he had over the Golden Lion because he and other Bronson owners lived nearby.  I hadn't heard about the DOTPF memo being mischaracterized to make it look like the state would demolish the Golden Lion.  It discuss Baker's younger partner Brandon Spoerhase and his attempts to get the Muni Attorney to drop all charges against Spoerhase for violating a restraining order against a woman working in the Mayor's office.  

The article mentions that the mayor did not hire Baker as a Muni employee, but skirted the need for Assembly approval by hiring him as a contractor with three contracts at $29,500 - just below the $30,000 threshold that would require Assembly approval.  The contracts also gave Baker immunity from prosecution, meaning the Municipality would be on the hook for problems he caused.  

They asked then Municipal Attorney Peter Bergt about Baker's interference:

"Bergt declined to say whether Baker pressured him to drop or reduce the city charges against Spoerhase, citing concerns that he could break legal rules protecting confidential communications between attorneys and clients. . .

 “I took very seriously my ethical obligation to my client — the Municipality of Anchorage — and always acted in its best interest.”

My thought is that if Baker as a private contractor, the he wasn't Bergt's client.  The Muni, not a contractor is the client.  So there shouldn't be any attorney client privilege here.  [Of course I'm not an attorney so I'm sure some or even most lawyers might say I'm wrong. ]

[OK.  I've spoken to an attorney friend who first said that Baker, as a private citizen, has the right to contact the Municipal Attorney and try to point out legal reasons why he charges should be dropped.  But, I asked, he's the Mayor's policy advisor, so there's a conflict of interest.  In that case there may be an ethical problem, but probably not a legal one.  Then I went on to read the quotes above.  Then my attorney jumped and said, that as a private contractor coming in to discuss his business partner's charges, he's absolutely NOT a client of the Municipal Attorney.  And if the Attorney thinks he is his client, then there are bigger barriers to him interfering with this case.]

But I would also recommend that the Assembly pass a law that says a contractor cannot have the indemnity clause removed without approval from the Assembly, regardless the dollar amount of the contract..  

The article also quotes Assembly member Quinn-Davis (who also acted as temporary Mayor) about Baker and she responded.  

“Unlike Bronson, he knows he needs to get along with people and relationships matter,” said Assembly member Austin Quinn-Davidson, who filled in as mayor for several months after Berkowitz resigned.

“I like him,” she said of Baker. “I think he relies on that, which is smart. People sort of trusting him or liking him as a person to get things done.”

Getting along with people is a very useful skill.  My thought is how many people use this skill to mask some not so nice behavior as Baker did?  How many people in positions of power do dastardly deeds protected by a nice guy image?  Or other images that suggest competence - clothing, education, purported experience.  This is a call to media and political opponents to do a better job learning and then alerting the world about important background information about the people running for office and serving as corporate executives.  George Santos is only the most egregious example of the media not doing their job in this area.  Except for the North Shore Leader. which wasn't able to get the story a wider audience.  

While we have watched quite a bit of this play out over the last year and a half, we we lacked key details that were revealed by Amy Demoboski when she was fired and sent a nine page letter of accusations.  As a conservative Assembly member who moved over to serve as Bronson's city manager, she had the insider's view of what was happening and because she's an ideological ally of the mayor, her accusations have more weight.  

I mention this because I think 'nice' guys are protected by insiders generally not exposing them as Demboski has done.  

This means we really do need better ways to keep our officials accountable and keep government as transparent as possible.  When local reporters have long term assignments, they have time to build up networks of insiders who give them tips.  Let's hope we can get media outlets to keep reporters on beats long enough to develop these networks.  I'd like to thank ProPublica which is helping the ADN do more long term coverage of major issues.  

One of the issues the article doesn't cover is the crowd of abusive Assembly attendees who made anti-Semitic and anti-LGBTQ attacks in opposition to both COVID regulations and the Assembly's homeless actions.  They were loud and and worked to intimidate Assembly members and the public who did not support their politics.  These were basically stirred up and supported by the group of Geneva Woods neighbors - including Larry Baker - who were opposed to using the Golden Lion Hotel for an addiction center.  

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