ACT files suit of its own

Posted: Tuesday, October 23, 2007

The Alliance of Concerned Taxpayers filed suit in Kenai Superior Court on Monday naming the Kenai Peninsula Borough and the Kenai Peninsula Borough School District as defendants.

ACT charges that the Kenai Peninsula Borough School District is ignoring the specific mandate of Proposition 3, which voters approved Oct. 2 and which established term limits for school board members.

On Oct. 15, however, the school board voted to sit two incumbent board members, Sammy Crawford and Sunni Hilts, even though they had already served multiple terms and were ineligible to serve again under the provision of Prop 3.

The ACT suit, filed by their attorney Ken Jacobus, of Anchorage, also charged that the Kenai Peninsula Borough was proposing to seat three term-limited incumbents Gary Superman, Pete Sprague, and Paul Fischer even though they are not eligible under the provisions of Prop 2, a similar term-limit ballot question passed by voters.

Superman, Sprague and Fischer each won re-election in their districts.

The ACT suit urges the court to declare the provisions of Props 2 and 3 are applicable to the Oct. 2 election. They also seek a declaration that the candidates are occupying their seats illegally and that the seats are vacant.

However, the borough assembly has not yet seated the three incumbents. On Oct. 9 they said they would abide by Proposition 2, anticipating a lawsuit would be filed against imposing the proposition to the Oct. 2 election. Voter Dale Dolifka filed that suit Oct. 15.

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