The Lt. Governor’s Influence & Coverup

Alaska’s Lieutenant Governor has played an extraordinarily influential role below the public radar in the convention process. Consistent with the practice of previous lt. governors, this election cycle he chose the supporting and opposing statements for calling a constitutional convention and then included these statements in the election pamphlet mailed to every Alaskan voter on Oct. 10, 2022. However, he also covered up his role in the process by refusing to provide a timely and reasonable response to my August 25, 2022 public records request for public documents concerning his selection process.

Alaska’s Division of Elections also plays an important role in the process because the election pamphlet is mailed out under its auspices. But as multiple Division of Elections employees informed me, the Division of Elections need not be privy to the Lt. Governor’s decision making process, as the Lt. Governor is tasked with soliciting and choosing among the supporting and opposing statements and then informing the Division of Elections of his selection. Unlike the Office of the Lt. Governor, the Division of Elections did reasonably respond to my two public records act requests from it. I wish the responses had been more thorough (the response to the first public records request appeared to have notable omissions, as I responded to it, and the second response was, in my judgment, needlessly delayed). But overall, I thought its responses reasonable. Not so for the Lt. Governor’s response, which clearly felt like a coverup to me.

I am including here my two op-eds on this subject plus my formal written public records requests to the Office of the Lt. Governor and Division of Elections. Not included here are my telephone calls made both before and after my public records requests. The follow-up calls were focused on the delay in getting a timely and/or reasonable response. The calls before the formal written request were either in the hope of avoiding the necessity of such a formal, written request or gathering information to make the best possible such request.

Generally, when requesting public records from a government agency, I attempt to first get relevant public records without going through a formal public records request. Only as a last resort do I make a formal public records request. One downside of making such a request is that key decision makers may then refuse to talk to a requester. For example, Josh Applebee, the Lt. Governor’s Chief of Staff, refused to discuss the subject of my public records request after I submitted it, saying that his law office said he couldn’t speak about the substance of ongoing public records requests. All he could do was ask his public records officer to fulfill my public records request in a timely way, which he promised to do.

–J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse
Oct. 20, 2022

Nov. 7, 2022 Addendum: It is politics 101 for both candidate and referendum campaigns to paint their opponents as unpopular individuals representing unpopular causes. Such tactics have been an intrinsic part of many campaigns against calling a constitutional convention. But it’s one thing for advocates to use such techniques; it’s another thing for someone acting in an impartial role, like the Lt. Governor, to engage in such behavior when using public money to send a voter information pamphlet to every Alaskan voter shortly before an election.

The correspondence below from the Lt. Governor’s chief of staff demonstrates that the Lt. Governor did not publicize his effort and deadline to recruit a yes and no position on the constitutional convention referendum for the voter information pamphlet he would mail at taxpayer expense to every Alaskan voter. Instead, he quietly recruited Bob Bird to write the yes position. Then, his chief public records officer refused to provide in a timely manner the public records of that correspondence.

Notable Dates

April 19, 2022. The Executive Assistant to the Lt. Governor responds to a query from Juanita Cassellius: “Statues [sic] do not allow the Division of Elections to provide educational material on the constitutional convention.”
May 6, 2022. The Lt. Governor’s Chief of Staff emails Bob Bird: “The Division of Elections is looking for someone to write the pro statement for the Constitutional Convention Question. Would that be something you would be interested in doing?”
May 9, 2022. Snider’s first formal public records request to the Division of Elections (this was after multiple informal information requests).
May 16. 2022. Bob Bird provides the Lt. Governor his pro statement.
May 23, 2022. Partial response by Division of Elections to Snider’s May 9 public records request.
June 8, 2022. First Snider op-ed critiquing the Lt Governor’s voter information pamphlet covering the constitutional convention.
June 30, 2022. Lt. Governor’s deadline to receive pro and con written statements.*
July 16, 2022. Juanita Cassellius writes the Governor and Lt. Governor asking why Bob Bird was selected. She appears to get no written reply.
July 18, 2022. Senator Mike Shower writes the Lt. Governor’s Chief of Staff: “I was not aware of the constitutional convention portion of the pamphlet and the “for” statement in it. Found out through the grapevine Bob Bird wrote it. I would like to have a chance to add to that or perhaps add my name to the support side of the pamphlet.”
August 25, 2022. Snider’s Public Records Act request seeking information about the Lt. Government’s recruited of yes and no representatives for his voter information pamphlet mailed to all Alaskans
Oct. 20, 2022. Second Snider op-ed critiquing the Lt Governor’s voter information pamphlet covering the constitutional convention
Nov. 7, 2022. Less than 24 hours before the Nov. 8 election, well past any reasonable reading of the deadline specified in Alaska’s public records law, and too late to publish anything related to the resulting records, the Lt. Governor finally emails Snider some records responsive to his August 25 public request.

*In late June 2022, shortly before the deadline, Don Canning requested information from the Division of Elections about writing a pro-statement on the constitutional convention question. This informal request was not included in response to either of Snider’s public records requests to the Division of Elections and Lt. Governor’s Office.

Office of Lt. Governor’s Responsive Records

Correspondence with Josh Applebee, The Lt. Governor’s Chief of Staff, concerning the voter information pamphlet’s pro and con statements on the constitutional convention question.

Provided on Nov. 7, 2022 in response to Snider’s August 25, 2022 public records requests. Most of the emails are duplicates, as emails in email chains may be copied many times over.

Op-eds

Op-ed #1: Snider, J.H., Apparent biases at work in creating pro-ConCon statement, Juneau Empire, June 8, 2022.

Op-ed #2: Snider, J.H., The lieutenant governor’s sizable role in the constitutional convention, Fairbanks Daily News-Miner, Oct. 20, 2022.

Office of Lt. Governor Public Records Act Request

Key individuals:

Josh Applebee: The Lt. Governor’s Chief of Staff
Angela Hull, The Lt. Governor’s Chief Public Records Officer
Kaitlyn McDowell: The Lt. Governor’s Executive Assistant

Correspondence:

From: ‘J.H. Snider’
Sent: Thursday, August 25, 2022 1:25 PM
To: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>
Subject: public records request

Dear Office of Lieutenant Governor Executive Assistant McDowell:

Thank you for taking my call this afternoon, offering to find out from the Division of Elections when it will be mailing the 2022 Election Pamphlet, and letting me know that you were the right person for requesting certain public records relating to that pamphlet.

Under the Alaska Public Records Act, AS 40.25.110 et seq., I am requesting copies of public records relating to the pro and con statements concerning Alaska’s upcoming constitutional convention referendum that will be included in Alaska’s 2022 Election Pamphlet mailed to Alaska citizens. As required by law, the Office of the Lt. Governor, including you, has been actively involved in soliciting and evaluating those statements. Specifically, I request an electronic copy of responsive records between January 1, 2022 and the date this public records request is fulfilled. These public records should include correspondence from or to any official in the Office of the Lt. Governor. Among the likely correspondents with your office concerning this issue are Alaska’s Division of Elections, private individuals, the media, elected officials, and representatives of interest groups. The public records should also include informational notices sent from the Office of the Lt. Governor, such as the notices for the original May 17, 2022 and revised June 30, 2022 deadlines for submitting pro or con statements. For your convenience, among the official government correspondents to and from your office are you (Executive Assistant), Kevin Meyer (Lt. Governor), Josh M Applebee (Chief of Staff), Gail Fenumiai (Gail.Fenumiai@alaska.gov), Sharon A. Forest (sharon.forrest@alaska.gov), and Gina M. Zuiderduin (Gina.Zuiderduin@alaska.gov and oep.submission@alaska.gov).

I request that all responsive records be sent to me via email. If there are any fees for searching or copying these records, please inform me if the cost will exceed $30. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of Alaska’s Nov. 8, 2022 constitutional convention referendum. This information is not being sought for commercial purposes. I am the editor of the Alaska State Constitutional Convention Clearinghouse.

Please respond to this request within the ten business days required by the Public Records Act.

If you deny any or all this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>
Sent: Thursday, August 25, 2022 6:27 PM
To: ‘J.H. Snider’
Subject: RE: public records request

Thank you Mr. Snider for emailing your request to me. I am forwarding your public records request to the Chief Public Records Officer.

In regard to when the Division of Elections is mailing the 2022 Official Election Pamphlet, the Division of Elections currently has a target date of October 10^thwhich is 29 days prior to the general election. Alaska Statutes (AS 15.58.080.) requires the Official Election Pamphlet to be released 22 days before the general election.

Thank you,

Kaitlyn McDowell, Executive Assistant
Office of Lieutenant Governor Kevin Meyer
PO Box 110015 Juneau, AK 99811
Office 907.465.3520
kaitlyn.mcdowell@alaska.gov

From: ‘J.H. Snider’
Sent: Monday, September 19, 2022 7:39 AM
To: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>
Subject: RE: public records request

I wanted to let you know that I haven’t received a response from the Chief Public Records Officer. Please keep in mind 2 AAC 96.325:

(a) Except as otherwise provided in this section, as soon as practicable, but not later than the 10th working day after the date the agency receives a request for public records that complies with this chapter, the public agency shall

(1) furnish all requested records that are disclosable; and

(2) advise the requester which of the requested records are nondisclosable, if any, and the specific legal authority and specific facts supporting nondisclosure.

(b) If the public agency decides that a public record is, in fact, a request for electronic services and products, the public agency shall advise the requester of its decision within 10 working days after receipt of a request and the reasons for this decision.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>
Sent: Monday, September 19, 2022 10:21 AM
To: Hull, Angela (GOV) <angela.hull@alaska.gov>
Subject: FW: public records request

Hi Angela,

Here is some follow-up to the public records request I forwarded to you on the 25^th.

Thank you,

Kaitlyn McDowell, Executive Assistant
Office of Lieutenant Governor Kevin Meyer
PO Box 110015 Juneau, AK 99811
Office 907.465.3520
kaitlyn.mcdowell@alaska.gov

From: Hull, Angela (GOV)
Sent: Wednesday, October 5, 2022 9:20 AM
To: ‘J.H. Snider’
Cc: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>; Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>; Flynn, Thomas S (LAW) <thomas.flynn@alaska.gov>
Subject: RE: public records request

Mr. Snider:

I was able to consult with the Division of Elections, and as I mentioned to you, this falls under their umbrella – especially in light of them already handling and responding to your other similar requests.

I also wanted to provide the following information in writing, as we discussed on Monday:

This request does not fall under AS 40.2.110, rather under AS 40.25.115, as well as 2 AAC 96.400-96.470 – Electronic Services and Products. The first step will be for the Division of Elections to work with you to make sure there is a clear understanding of the request, then they will need to have the State Security Office perform the email search – this will require a cost estimate to be provided and paid before the search is undertaken. If you wish to apply for a fee waiver, that requirements to meet the threshold for a fee waiver is outlined in 2 AAC 96.370 which I have reproduced below:

Section 2 AAC 96.370 – Public interest fee waiver or reduction for public records

(a) For purposes of a public interest fee waiver or reduction under AS 40.25.110(d), and notwithstanding 2 AAC 96.220 and 2 AAC 96.230, a waiver or reduction shall be granted if the requester certifies and the agency finds that the requester has established that

(1) the records are likely to contribute significantly to the public’s understanding of the operations or activities of the state government;

(2) the records are not sought primarily for a purpose that is commercial or financial;

(3) the records are not sought by or on behalf of a person involved in litigation, including any judicial or administrative proceeding, arbitration, or mediation, with a public agency in which the records are relevant;

(4) the combined amount of all fee waivers and reductions granted to the requester and to any other requesters acting in concert with the requester in making requests for the same or related records does not exceed $500 during any period of 12 consecutive months; and

(5) the requested fee waiver or reduction does not cause the requester to exceed the amount allowed under (b) of this section.

(b) A requester may not receive fee waivers or reductions under this section if the combined fee waivers and reductions granted by all public agencies to the requester under this section and 2 AAC 96.470 total more than $500 during any period of 12 consecutive months.

Please feel free to call me if you have questions.

Angela Hull
Special Assistant to the Chief of Staff
Chief Public Records Officer
Office of Governor Mike Dunleavy
(907) 465-3500
angela.hull@alaska.gov
www.alaska.gov

From: Hull, Angela (GOV) <angela.hull@alaska.gov>
Sent: Thursday, October 6, 2022 12:01 PM
To: ‘J.H. Snider’
Cc: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>; Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>; Flynn, Thomas S (LAW) <thomas.flynn@alaska.gov>
Subject: RE: public records request
Importance: High

Good afternoon, Mr. Snider. Based on further evaluation of this request, and working with the Department of Law, we are going to work this request from the Office of the Governor, through me.

In reviewing your request (copied below) I do need some clarification on what email accounts you want searched and the search terms you want me to use. These searches are completed through the State Security Office and are electronic searches so I do need to be relatively specific.

Do I understand that the only email accounts you want searched are Kaitlyn McDowell, Gail Fenumiai, LG Chief of Staff Josh Applebee, Sharon Forrest, and Gina Zuiderduin. If you have other accounts you want searched, please provide those names for me.
What search terms do you want me to use. Specificity is key in relevant results.

These public records should include correspondence from or to any official in the Office of the Lt. Governor. Among the likely correspondents with your office concerning this issue are Alaska’s Division of Elections, private individuals, the media, elected officials, and representatives of interest groups. The public records should also include informational notices sent from the Office of the Lt. Governor, such as the notices for the original May 17, 2022 and revised June 30, 2022 deadlines for submitting pro or con statements. For your convenience, among the official government correspondents to and from your office are you (Executive Assistant), Kevin Meyer (Lt. Governor), Josh M Applebee (Chief of Staff), Gail Fenumiai (Gail.Fenumiai@alaska.gov), Sharon A. Forest (sharon.forrest@alaska.gov), and Gina M. Zuiderduin (Gina.Zuiderduin@alaska.gov and oep.submission@alaska.gov).

I do apologize for the back and forth and muddled confusion. I just returning after being out for the past 16 days. Feel free to give me a call if you would like to discuss.

Angela Hull
Special Assistant to the Chief of Staff
Chief Public Records Officer
Office of Governor Mike Dunleavy
(907) 465-3500
angela.hull@alaska.gov
www.alaska.gov

From: ‘J.H. Snider’
Sent: Thursday, October 6, 2022 8:49 AM
To: Hull, Angela (GOV) <angela.hull@alaska.gov>
Cc: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>; Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>; Flynn, Thomas S (LAW) <thomas.flynn@alaska.gov>
Subject: RE: public records request

Dear Chief Public Records Officer Hull:

The official email accounts for Kaitlyn McDowell, Gail Fenumiai, LG Chief of Staff Josh Applebee, Sharon Forrest, and Gina Zuiderduin should be adequate. The search term should simply be “constitutional convention.” The dates of the search should be January 1, 2022 through the date you fulfill my August 25, 2022 public records request to your office.

For obvious reasons, timing is critical here, and it has already been six weeks, plus a half dozen follow-up emails or calls, since I formally submitted my public records request to your office. Can you please get me the responsive records by COB Monday next week?

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Hull, Angela (GOV) <angela.hull@alaska.gov>
Sent: Thursday, October 6, 2022 2:13 PM
To: ‘J.H. Snider’
Cc: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>; Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>; Flynn, Thomas S (LAW) <thomas.flynn@alaska.gov>
Subject: RE: public records request

I am not able to get you documents by COB Monday. As I mentioned before, the first step will be to get a cost estimate for the SSO search. Once you have that, and we receive payment, I can move forward with requesting the search be undertaken. If you want to apply for a fee waiver, please indicate in writing how your application meets the requirements of 2 AAC 96.370.

For clarity:

You are requesting that the email accounts of Kaitlyn McDowell, Gail Fenumiai, Josh Applebee, Sharon Forrest, and Gina Zuiderduin be searched (both sent and received folders) for the search term “constitutional convention”, and the timeframe is January 1, 2022 through the date of the actual search.

I will get the cost estimate form prepared and submitted to the State Security Office.

Angela Hull
Special Assistant to the Chief of Staff
Chief Public Records Officer
Office of Governor Mike Dunleavy
(907) 465-3500
angela.hull@alaska.gov
www.alaska.gov

From: ‘J.H. Snider’
Sent: Thursday, October 6, 2022 11:03 AM
To: Hull, Angela (GOV) <angela.hull@alaska.gov>
Cc: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>; Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>; Flynn, Thomas S (LAW) <thomas.flynn@alaska.gov>
Subject: RE: public records request

Dear Chief Public Records Officer Hull:

By when will you get me the estimated costs? Please note that I’ve already waited more than six weeks to receive this information.

Please break down the costs to receive copies of the requested correspondence for each of the five individuals described in my email to you.

Please also state why the fee waiver request I provided on August 25, 2022, which other Alaska government agencies have already accepted for fee waiver purposes, is not adequate for your office.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Hull, Angela (GOV) <angela.hull@alaska.gov>
Sent: Thursday, October 6, 2022 3:58 PM
To: ‘J.H. Snider’
Cc: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>; Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>; Flynn, Thomas S (LAW) <thomas.flynn@alaska.gov>; Applebee, Josh M (GOV) <josh.applebee@alaska.gov>
Subject: RE: public records request
Importance: High

Dear Mr. Snider:

I cannot break the request into each individual person. What I can tell you is bundling them is far more economical than were you to request them individually. I’m happy to discuss at your convenience. If the fee waiver request you previously sent (copied below) is what you are going with, it does not adequately meet the criteria. Stating that these emails will “contribute significantly to the public’s understanding of Alaska’s Nov. 8, 2022 constitutional convention referendum” doesn’t actually tell me anything. Searching emails for the term “constitutional convention” relative to pro and con statements does not reach the level of contributing significantly to the public’s understanding of the referendum. Even were they not specifically related to pro and con statements, I don’t see the significant contribution to the understanding of process, production, or purpose for the November 8 referendum. Your request also does not address 2 AAC 96.370 (a) 2-5 nor 2 AAC 96.370(b).

“…I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of Alaska’s Nov. 8, 2022 constitutional convention referendum.”

You have referred, both in our phone conversation and in your emails, to receiving fee waivers from other agencies. I need to know the total value of fee waivers you have received over the last 12 months. 2 AAC 96.370(b). The fact that another agency issued a fee waiver has no bearing nor statutory requirement for another agency to follow suit. It is entirely possible that you received these fee waivers erroneously, which is something I can address with the agencies once I know which ones have granted fee waivers over the last 12 months.

I realize you feel you have waited an overabundance of time, however, this request does not fall under AS 40.25.110. This request falls under AS 40.25.115, and there are not required response times. Additionally, you are not the only requestor who is on queue for requests to be addressed and we process them as we receive them.

I will submit the request to the SSO this afternoon at the earliest, or tomorrow morning at the latest, and I do plan to ask that they tag it a rush. The cost estimate will come back to me likely by Tuesday. I can tell you that typically the cost of the search through the SSO runs around $70.06. Depending on how many responsive documents are produced there could be further costs related to document conversion and/or copying. Once the State receives payment (we do not accept credit cards – I don’t know why) then they can run the electronic search.

Sincerely,

Angela Hull
Special Assistant to the Chief of Staff
Chief Public Records Officer
Office of Governor Mike Dunleavy
(907) 465-3500
angela.hull@alaska.gov
www.alaska.gov

From: ‘J.H. Snider’
Sent: Thursday, October 6, 2022 1:03 PM
To: Hull, Angela (GOV) <angela.hull@alaska.gov>
Subject: RE: public records request

Regarding the fee waiver, last June I published the following op-ed: Snider, J.H., Apparent biases at work in creating pro-ConCon statement, Juneau Empire, June 8, 2022. That op-ed clearly articulates a public interest rationale for the public records I requested on August 25, 2022. Assuming you don’t choose to run out the clock, I plan to publish a follow-up op-ed prior to the Nov. 8 election as well as make the information generally available via my website and other public venues. I cannot imagine just about any other public records request that is more in the public interest and timely. Please let me know whether you will accept my fee waiver request.

No cost estimates were provided for my prior public records requests. But I can say that for the type of email request I have made to your office and involving only one individual’s email, it should require less than five seconds to locate the relevant emails and forward them to me. For example, I probably do a half dozen of these email searches daily on my own computer’s Outlook email program. That’s how I often search for prior correspondence with an individual about specific matters, such as my correspondence with you. My guess is that the time you took to write your last email to me took more time than it would take to do all five of the requested email searches.

In case you reject my fee waiver request, please let me know what types of electronic payment you do accept other than credit cards. In your email to me, you only specifically rejected credit card payment. Other forms of electronic payment include debit card, PayPal, and Venmo.

Hopefully, you will now comply with my public records request without any further delay. I believe six weeks has been abundant time to fulfill what should have been a breathtakingly simple, quick, and routine public records search.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Hull, Angela (GOV) angela.hull@alaska.gov
Sent: Friday, October 7, 2022 2:40 PM
To: ‘J.H. Snider’
Cc: Flynn, Thomas S (LAW) thomas.flynn@alaska.gov
Subject: RE: public records request

Dear Mr. Snider:

Thank you for sharing the link to your opinion piece. Your piece notwithstanding, I maintain that your request does not rise to the level of contributing significantly to the public’s understanding of the referendum, nor the mechanisms of government. In addition, because you cannot provide me with the value of your fee waivers over the past 12 months, I would be remiss to extend another waiver that may or may not place you in the position of receiving over $500 in fee waivers over the past 12 months, 2 AAC 96.370(a)(4)(5) and 2 AAC 96.370(b).. I also do need you to address 2 AAC 96.370(a)(3).

Your vision of how email searches are conducted is, unfortunately, very uninformed. When there is more than one email (or sometimes if there is only one email account but many complex search terms), these searches are conducted electronically – not by an individual person just pulling up someone’s email account and nosing through it, but rather through a structured effort through the State Security Office. Then any responsive documents must be reviewed for privilege. Sometimes these go very easy and quick, sometimes they do not.

I am sorry that you are unhappy with the process. Once I have the cost estimate, I will relay it to you.

Angela Hull
Special Assistant to the Chief of Staff
Chief Public Records Officer
Office of Governor Mike Dunleavy
(907) 465-3500
angela.hull@alaska.gov
www.alaska.gov

From: ‘J.H. Snider’
Sent: Friday, October 7, 2022 11:35 AM
To: Hull, Angela (GOV) <angela.hull@alaska.gov>
Subject: RE: public records request

Dear Chief Public Records Officer Hull:

My guess is that even if I wrote you a book explaining why my request was in the public interest, you would still find an excuse to deny my request because it is not in your office’s interest, except to pump me for more and more needless information. But if you do want to read such a book, I’d recommend you read Joel Colon-Rios’s Weak Constitutionalism, which explains that granting the people (the constituent power) constitutional initiation power is the basis for constitutional legitimacy. Your office is given material control of the exercise of that right.

Now that I know how closely you work with Alaska’s Division of Elections in responding to public records requests, I can say that my prior records request to the Division of Elections already went through your office, effectively including the fee waiver. Note that the folks who officially fulfilled that request have already been cc’d on your emails concerning my August 25, 2022 public records request. Needless to say, you are also aware of my August 26, 2022 public records request to them, which as of the end of today will also be overdue.

To meet your claimed criteria of a simple search that can be completed in a timely manner, please simplify and limit my search to the following: Search only on the emails of Josh Applebee, josh.applebee@alaska.gov, using the search term “constitutional convention.” The way this is done in Outlook is to go to the search bar and type in josh.applebee@alaska.gov “constitutional convention” (note that if this search is done on Josh Applebee’s computer, you don’t even need to add josh.applebee@alaska.gov in the search box). Then select “all mailboxes” in the “Search In” box and then click on the search button in the lower right side of the screen. The results will show up in chronological order. To save you the couple of seconds of selecting all the emails dated after January 1, 2022 that meet the above criteria, I’ll suggest that you now skip that restriction. After all the email show up in the “Results” box, select them (I suggest doing so by selecting the oldest email, holding down the shift key, and then selecting the most recent) and then clicking the forward button to email them to me, or, far more likely, someone else, including you, for additional filtering. If I were doing this on my own Outlook email program, the whole process outlined above would take no more than single digit seconds.

Please answer my question in my October 6, 2022 email to you about electronic payment of any fees that I might owe your office.

Please also make sure that this request is passed on to your ”State Security Office” by COB today. Also, please tell me who is the individual in that office responsible for filtering such public records requests.

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Hull, Angela (GOV) <angela.hull@alaska.gov>
Sent: Friday, October 7, 2022 3:42 PM
To: ‘J.H. Snider’
Cc: Flynn, Thomas S (LAW) <thomas.flynn@alaska.gov>
Subject: RE: public records request

Dear Mr. Snider:

Do I understand correctly that you are now changing your APRA request to only search LG Chief of Staff Josh Applebee’s email for the term “constitutional convention”?

Angela Hull
Special Assistant to the Chief of Staff
Chief Public Records Officer
Office of Governor Mike Dunleavy
(907) 465-3500
angela.hull@alaska.gov
www.alaska.gov

From: Hull, Angela (GOV) <angela.hull@alaska.gov>
Sent: Friday, October 7, 2022 3:48 PM
To: ‘J.H. Snider’
Cc: Flynn, Thomas S (LAW) <thomas.flynn@alaska.gov>
Subject: RE: public records request

Dear Mr. Snider:

I do need to address something else in your email…..your prior records request most definitively did NOT come through me at all. I won’t bore you with the reality of how things are actually accomplished, but suffice it to say not only did I not work on it, but I wasn’t even in the State for the majority of the month of September. I am not aware of any August 26 request.

Angela Hull
Special Assistant to the Chief of Staff
Chief Public Records Officer
Office of Governor Mike Dunleavy
(907) 465-3500
angela.hull@alaska.gov
www.alaska.gov

From: ‘J.H. Snider’
Sent: Friday, October 7, 2022 4:08 PM
To: ‘Hull, Angela (GOV)’ <angela.hull@alaska.gov>
Subject: RE: public records request

Dear Chief Public Records Officer Hull:

Copied below is the August 25, 2022 email from Kaitlyn McDowell that says otherwise about my August 25, 2022 public records request to your office. That email also merely confirms what she said to me over the phone multiple times. I’m sure you’re very busy and could have overlooked this public records request. Incidentally, Josh Applebee was also notified of that public records request on multiple occasions.

Thank you for clarifying that you have nothing to do with public record requests submitted to the Division of Elections.

And again, please send me the information I requested about electronic payment options for your fee as well as the individual in the State Security Office who actually implements the public records requests.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: McDowell, Kaitlyn M (GOV) <kaitlyn.mcdowell@alaska.gov>
Sent: Thursday, August 25, 2022 6:27 PM
To: ‘J.H. Snider’
Subject: RE: public records request

Thank you Mr. Snider for emailing your request to me. I am forwarding your public records request to the Chief Public Records Officer.

In regard to when the Division of Elections is mailing the 2022 Official Election Pamphlet, the Division of Elections currently has a target date of October 10^thwhich is 29 days prior to the general election. Alaska Statutes (AS 15.58.080.) requires the Official Election Pamphlet to be released 22 days before the general election.

Thank you,

Kaitlyn McDowell, Executive Assistant
Office of Lieutenant Governor Kevin Meyer
PO Box 110015 Juneau, AK 99811
Office 907.465.3520
kaitlyn.mcdowell@alaska.gov

From: Hull, Angela (GOV) <angela.hull@alaska.gov>
Sent: Friday, October 7, 2022 4:10 PM
To: ‘J.H. Snider’
Subject: RE: public records request

There is not an electronic option for fee payment.

Angela Hull
Special Assistant to the Chief of Staff
Chief Public Records Officer
Office of Governor Mike Dunleavy
(907) 465-3500
angela.hull@alaska.gov
www.alaska.gov

From: ‘J.H. Snider’
Sent: Friday, October 7, 2022 4:17 PM
To: ‘Hull, Angela (GOV)’ <angela.hull@alaska.gov>
Subject: RE: public records request

Dear Chief Public Records Officer Hull:

Yes, you are correct. I am restricting my request but not without remorse for being essentially forced into this needless restriction for what was already a very simple and fast requested search.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: ‘J.H. Snider’
Sent: Monday, October 10, 2022 9:07 AM
To: Hull, Angela (GOV) <angela.hull@alaska.gov>
Subject: RE: public records request
Importance: High

Dear Chief Public Records Officer Hull:

Did you forward my amended public records to the State Security Office last Friday, as I requested? If not, when do you plan to do that?

Please cc: me when you forward my public records request to that office.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Hull, Angela (GOV) <angela.hull@alaska.gov>
Sent: Tuesday, October 11, 2022 6:43 PM
To: ‘J.H. Snider’
Cc: Applebee, Josh M (GOV) <josh.applebee@alaska.gov>
Subject: RE: public records request

Dear Mr. Snider:

No, I did not forward your amended request to the State Security Office. As you reduced your request to one email account and one search term, our internal IT employees can assist with retrieving for my review.

Angela Hull
Chief Public Records Officer
Office of Governor Mike Dunleavy
907-465-3500

From: ‘J.H. Snider’
Sent: Tuesday, October 11, 2022 3:22 PM
To: Hull, Angela (GOV) <angela.hull@alaska.gov>
Subject: RE: public records request

I’m glad that Josh Applebee was able to get through to you and let you know my frustration. I both emailed and called you yesterday without being able to get through.

When do you intend to have your internal IT employee perform that very simple task? It has been seven weeks since I filed my public records request with your office. And, as far as I can tell, nothing has been done to fulfill it.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

P.S. The election pamphlet was mailed out yesterday to all Alaskan voters. But it is not currently posted on the Division of Elections website, which is under your jurisdiction. Please email me an electronic copy of that public document.

From: Hull, Angela (GOV) <angela.hull@alaska.gov>
Sent: Tuesday, October 11, 2022 8:05 PM
To: ‘J.H. Snider’
Cc: Applebee, Josh M (GOV) <josh.applebee@alaska.gov>
Subject: RE: public records request

I am unsure what you mean by Mr. Applebee “got through to me”, but that is an erroneous assumption. You changed what you wanted, ergo, I was able to change how I get the information. Continually reaching out to me via email and/or phone does not make this process go any faster.

As I’ve stated before – your request is in the queue. Your request still falls under 40.25.115. You are not the only requester that I am working with. I do not have a date when I will receive responsive records, when I do, I will be reviewing them in their entirety for privilege. I still need a timeframe from our IT person on how much time it the search will take so I can come up with the appropriate cost estimate.

Angela Hull
Chief Public Records Officer
Office of Governor Mike Dunleavy
907-465-3500

From: ‘J.H. Snider’
Sent: Tuesday, October 11, 2022 4:35:30 PM
To: Hull, Angela (GOV) <angela.hull@alaska.gov>
Subject: RE: public records request

In response to your question, I spoke to Josh Applebee this afternoon, and he said he would reach out to you to ensure that you fulfilled your legal obligations in a timely manner. When I wrote to you, I assumed that he had kept his word to me. Please note that I restricted my public records request only to speed the request along, not to delay it.

Please also note that you haven’t responded to my request for an electronic copy of the now public election pamphlet.

* * *

Addendum: On Oct. 20, 2022, the Fairbanks Daily News-Miner published the op-ed I was researching when I made my Aug. 25, 2022 Public Records Request to the Office of the Lt. Governor. In the interim, I received no responsive records.

* * *

Alaska’s Division of Election–Public Records Request #1

From: ‘J.H. Snider’
Sent: Monday, May 9, 2022 9:54 PM
To: ‘gail.fenumiai@alaska.gov’ <gail.fenumiai@alaska.gov>
Subject: request under Alaska’s Public Records Act

Dear Elections Director Fenumiai:Under the Alaska Public Records Act, AS 40.25.110 et seq., I am requesting copies of public records relating to the pro and con statements that will be included in Alaska’s 2022 Election Pamphlet mailed to Alaska citizens. Specifically, I request the following two sets of documents:

All written correspondence until the date this request is fulfilled that includes the May 17, 2022 deadline for submitting to the 2022 Election Pamphlet a pro or con statement on the constitutional convention question. This correspondence should include correspondence to and from the Lt. Governor’s office as well as the Division of Elections.
All written correspondence until the date this request is fulfilled including the June 30, 2022 deadline for submitting to the 2022 Election Pamphlet a pro or con statement on the constitutional convention question. This correspondence should include correspondence to and from the Lt. Governor’s office as well as the Division of Elections.

Administrative Officer Sharon Forest said you would have access to the relevant correspondence to and from the Lt. Governor’s office as well as the Division of Elections.

I request that all responsive records be sent to me via email. If there are any fees for searching or copying these records, please inform me if the cost will exceed $25. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of Alaska’s Nov. 8, 2022 constitutional convention referendum. This information is not being sought for commercial purposes. I am the editor of the Alaska State Constitutional Convention Clearinghouse.

Please respond to this request within the ten business days required by the Public Records Act.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: ‘J.H. Snider’
Sent: Friday, May 20, 2022 11:31 AM
To: ‘gail.fenumiai@alaska.gov’ <gail.fenumiai@alaska.gov>
Cc: ‘Forrest, Sharon A (GOV)’ <sharon.forrest@alaska.gov>
Subject: RE: request under Alaska’s Public Records Act

Dear Elections Director Fenumiai:

This is a reminder that the ten-business-day-deadline (see email below) is next Monday.

I first requested the correspondence in an email dated May 5 to Sharon Forest, who I’ve cc’d here. Sharon said I should email you the request under Alaska’s Public Records Act (again, see email below).

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>
Sent: Monday, May 23, 2022 8:12 PM
To: ‘J.H. Snider’
Subject: RE: request under Alaska’s Public Records Act

Mr. Snider,

Attached is the division’s response to your request and responsive records.

Sincerely,

Gail Fenumiai
Director, Division of Elections
Office of the Lieutenant Governor
(907) 465-4611

From: ‘J.H. Snider’
Sent: Monday, May 23, 2022 11:20 PM
To: Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>
Subject: RE: request under Alaska’s Public Records Act

Dear Elections Director Fenumiai:

Thank you for partially fulfilling my May 9, 2022 Public Records Act request. Thank you also for doing so within the ten business days required by Alaskan law.

Still missing are:

documents from your office setting the May 17, 2022 and June 30, 2022 pro & con statement deadlines (if those deadlines were set verbally inhouse without any written documentation, that would be a legitimate excuse for them not to be provided),
any correspondence from or to potential con statement submitters (this presumes that such correspondence existed, say, before the May 17, 2022 deadline that your office established),
correspondence to potential pro statement providers, including either the May 17 or June 30 deadlines for their submissions (based on the provided correspondence, the one pro statement submitter appears to have approached you on his own),
correspondence from the Lt. Governor’s office to and from potential constitutional question submitters (the Lt. Governor’s Executive Assistant, Kaitlyn McDowell, refers to this correspondence in her email to you),
the specific exemption(s) used to redact the extensive correspondence with Alaska’s assistant attorney general regarding my correspondence (I presume it’s the attorney-client privilege, but I believe the precise exemption(s) used to redact that document should be specifically linked to that document, although it’s possible that exemptions that don’t refer to specific documents are allowed by Alaskan law), and
the specific exemptions used not to provide the apparently missing correspondence described in 1) to 4) above.

If the Division of Elections set a May 17, 2022 deadline and then did nothing to inform Alaskans of it, please state so explicitly, as that would go a long way in explaining the apparently missing correspondence.

Sincerely,
J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>
Sent: Wednesday, May 25, 2022 8:47 PM
To: ‘J.H. Snider’
Subject: RE: request under Alaska’s Public Records Act

Mr. Snider,

You requested written correspondence concerning the May 17 and June 30 deadlines for constitutional convention pro and con statements. The division provided you the responsive records. Except for correspondence with you, no records are missing or were withheld. As we explained in our letter, the division redacted portions of the correspondence with the Department of Law because these portions are protected by the attorney-client and/or deliberative process privileges. For the purposes of the Alaska Public Records Act, the division is a separate agency from Lieutenant Governor’s Office. That office coordinates the pro and con statements, so if you wish to request related correspondence, you should submit a records request to the Lieutenant Governor’s Office.

Sincerely,

Gail Fenumiai
Director, Division of Elections
Office of the Lieutenant Governor
(907) 465-4611

* * *

Alaska’s Division of Election–Public Records Request #2

From: ‘J.H. Snider’
Sent: Monday, September 26, 2022 5:26 PM
To: ‘gail.fenumiai@alaska.gov’ <gail.fenumiai@alaska.gov>
Subject: request under Alaska’s Public Records Act

Dear Elections Director Fenumiai:

I request that all responsive records be sent to me via email. If there are any fees for searching or copying these records, please inform me if the cost will exceed $20. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of Alaska’s Nov. 8, 2022 constitutional convention referendum. This information is not being sought for commercial purposes. I am the editor of the Alaska State Constitutional Convention Clearinghouse.

Please respond to this request within the ten business days required by the Public Records Act.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: ‘J.H. Snider’
Sent: Friday, October 7, 2022 3:48 PM
To: ‘gail.fenumiai@alaska.gov’ <gail.fenumiai@alaska.gov>
Subject: RE: request under Alaska’s Public Records Act

Dear Elections Director Fenumiai:

Earlier today I called and left a message with your assistant to remind you of my Sept. 26, 2022 public records request to your office (see below) and that today marks the end of the ten-business day period. If you have any questions about fulfilling this public records request, please let me know ASAP.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>
Sent: Monday, October 10, 2022 12:26 PM
To: ‘J.H. Snider’
Subject: RE: request under Alaska’s Public Records Act

Mr. Snider,

My apologies for missing your email of September 26.

It appears that your request to the Lieutenant Governor’s office covers these same records. If by the end of next week that doesn’t appear to be the case, we will revisit.

Sincerely,

Gail Fenumiai
Director, Division of Elections
Office of the Lieutenant Governor
(907) 465-4611

From: ‘J.H. Snider’
Sent: Monday, October 10, 2022 1:00 PM
To: ‘Fenumiai, Gail M (GOV)’ <Gail.Fenumiai@alaska.gov>
Subject: RE: request under Alaska’s Public Records Act
Importance: High

Dear Elections Director Fenumiai:

No, the revised records request to the Office of the Lieutenant Governor does not cover the same records. I specifically revised it last week to prevent any such overlap. The ten business days required for you to fulfill my request has now passed. I respectfully ask that you fulfill my request without unwarranted delays. Revisiting the request at the end of next week would be such a delay.

Thank you in advance for your prompt fulfillment of my public records request.

Sincerely,

J.H. Snider, Editor
The Alaska State Constitutional Convention Clearinghouse

From: Fenumiai, Gail M (GOV) <Gail.Fenumiai@alaska.gov>
Sent: Saturday, October 15, 2022 6:17 PM
To: ‘J.H. Snider’
Subject: RE: request under Alaska’s Public Records Act

Mr. Snider,

Attached are the division’s records responsive to your September 2022 request.

Sincerely,

Gail Fenumiai
Director, Division of Elections
Office of the Lieutenant Governor
(907) 465-4611

Defend Our Constitution

From a Facebook post dated Oct. 31, 2022:

Only a few groups have come out in support a convention, including the Alaska Family Council and the Alaska Independence Party (AIP)*

*A mailer Defend Our Constitution sent to Alaskans early this month identified AIP as a group advocating for secession from the United States. AIP reached out objecting to the word “secession,” and asked that we clarify that AIP advocates for Alaskans to decide on a range of options “from advocacy for state’s rights, through commonwealth, through a return to territorial status, all the way to complete independence and nationhood status for Alaska (options promised to Alaska and Hawaii by the 1945 U.N. Treaty but not in the statehood vote).”