Wednesday, January 07, 2009

Pebble Mine Watch: Appalachian Voices' Canoe Trip Through Ground Zero Of The Kingston, Tennessee Coal Slurry Dam Breach

Since I see little evidence that the major Alaska media are inclined to keep Alaskans informed as to the progress of the recovery of the Kingston, Tennessee area from the recent breach of the earthen dam containing coal slurry and the subsequent inundation of the adjoining countryside with 1.1 billion gallons of the waste, I will continue to identify and post useful bits of information here (the Anchorage Daily News has a Pebble Mine blog).

The Nashville Scene blog posted a YouTube video (dated Dec. 30) of a canoe trip by Appalachian Voices through ground zero of the spill area. They took water samples, and intend to publicize the results when obtained. Towards the end of the video, you will see TVA cops chase them down and give them a citation, even though they remained in the river at all times and did not trespass on private property. What's TVA trying to hide?

http://www.youtube.com/watch?v=S_fpiZpSJkU



Appalachian Voices describes the site as looking eerily similar to Alaska shores following the Exxon Valdez spill--dead fish, blackened water thick like espresso, and five-foot "ashburgs" floating about. The group also found evidence that TVA was doing more to protect its own plant from pollution than halting the contamination for spreading down river.

In other news about the recovery, WNDU reports that Jack Spadaro, a retired mining engineer who investigated a 1972 coal waste dam break that killed 125 people in West Virginia, contends small leaks years earlier were advance warnings of the coal ash pond collapse that flooded a Tennessee neighborhood. Spadaro also says states have done a poor job monitoring huge ponds of coal ash.

The Knoxville News-Sentinel reports that five local residents will be testifying before a Congressional committee on January 8th. This source also contains links to numerous source documents about the spill.

According to a story just published by the Anchorage Daily News, it looks like there's a chance that TVA ratepayers (customers) could get stuck with paying TVA's cleanup costs. This means the costs would be added to their bills.

The Arkansas Democrat-Gazette quotes Arkansas officials as saying such a disaster could not happen in their state. The reason: They use in-ground ponds rather than above-ground ponds. This is a modification the Pebble Partnership should consider to make the Pebble Mine less hazardous. Teresa Marks of the Arkansas Department of Environment Quality was quoted as saying, "It sounds like a worst-case scenario, for them, a perfect storm. The pond was huge and on a hillside and there are wells and a waterway nearby. Once it ruptured, gravity pulled the sludge down", in describing the Tennessee disaster.

Other useful websites from the area to monitor include the UnitedMountainDefense website and the DirtyCoalTVA blog. Residents in the Pebble Mine-affected area of Southwest Alaska should consider bookmarking and monitoring these two sites.

The future of the Pebble Mine hinges directly on how well the TVA helps the Kingston, Tennessee area recover from the disaster. If the TVA takes full responsibility and develops an orderly, systemic approach to recovery that provides victims with fair and timely compensation, then the Pebble Mine has a chance to be built. But if the TVA acts like FEMA did after Hurricane Katrina, then the Pebble Mine will not - and probably should not - be built.

The Pebble Partnership website presents the case for the Pebble Mine, while the Renewable Resources Coalition is the leading website presenting the case against the mine. It is the opinion of the RRC that there is no safe way to build the mine, and so they are absolutely opposed to it.

Tuesday, January 06, 2009

Dittman Poll Shows Lisa Murkowski Would Clobber Sarah Palin 57-33 Percent In Prospective 2010 Alaska U.S. Senate Race


One of Alaska's three top pollsters has taken the state's political temperature - and finds that U.S. Senator Lisa Murkowski is a hotter prospect for a 2010 U.S. Senate Race than Governor Sarah Palin. Full story with video aired January 5th, 2009 by KTUU Channel 2. Some national pundits have picked up on this, including HotAir.com and Free Republic.

Dave Dittman, who along with Ivan Moore and Hays Research is considered one of the three most prominent AND reliable pollsters in the state, just finished a statewide survey on a possible Palin vs. Murkowski matchup, and found that Murkowski garnered 57 percent to Palin's 33 percent. Nine percent said they were not sure. This poll was addressed at greater length on The Alaska Standard, to include a demographic categorical breakdown.

Not reported by KTUU, but separately addressed on The Alaska Standard, was the results of another question asked on the same poll. Respondents were asked if they approved of the performances of Murkowski and Palin so far, and 76 percent approved of Murkowski, while only 60 percent approved of Palin. But previous approval polls also show Palin around 60 percent, so she seems to have bottomed out and stabilized.

How does this contrast with previous polls, which were discussed on this December 21st post? On a KTUU Channel 2 "unscientific" poll conducted on December 2nd, respondents said they would pick Senator Murkowski over Governor Palin by a 58 percent to 42 percent margin. But even though KTUU's poll is "unscientific", a respondent can only vote once, so it is not necessarily unrepresentative. Consequently, it looks like Dittman's poll validates KTUU's "unscientific" methodology. In contrast, a Research 2000 poll commissioned by Daily Kos showed the opposite result, with Palin beating Murkowski 55-31 percent. Although Daily Kos is a hard-left progressive website, Research 2000 is not known to be biased. But Dave Dittman does question their methodology, although he would not give specifics.

The Palin Administration was quick to respond. Palin spokesman Bill McAllister once again disavowed any intent by Governor Palin to challenge Senator Murkowski for her Senate seat in 2010, saying, "It's unfortunate that we keep talking about this rivalry that doesn't exist. She has not said, and I don't think needs to say, that she's going to rule something out in terms of her political plans in the future. But she's very focused on being governor now, does not see herself as a rival to Senator Murkowski."

And this is probably a good thing, according to Dittman. He says that considering Murkowski's popularity, Palin would not be wise to challenge Murkowski. "And I think there would be a feeling, too, of overreaching -- going too far, too aggressive, too much too soon -- if Sarah decided to run for Senate," Dittman said. "When you've already got someone there with seniority, who most people think is doing a good job, I think it would be a huge mistake."

Analysis: I agree with Dittman - it would be utterly ludicrous, and politically suicidal for Sarah Palin to challenge Lisa Murkowski for her Senate seat in 2010. It's good that she's backing away from it; even her own re-election as Governor is not exactly a slam dunk.

But it does look as if Palin has bottomed out. Not only is her approval rating now stabilized in the 60 percent range, but she passed two recent tests of political integrity in both the Levi Johnston apprentice situation and Sherry Johnston's prosecution. In both cases, it has been shown that Palin herself did not get involved in the outcome.

But the ugly legacy of Troopergate will not vanish overnight, and Governor Palin must realize that the burden of proof of integrity will remain squarely upon her shoulders for the foreseeable future.

Monday, January 05, 2009

Levi Johnston Quits ASRC Apprentice Job; Troopers Union Blinks In Confrontation With Public Safety Commissioner Joe Masters Over Sherry Johnston Case

In the latest development in this dynamic, fast-breaking story, the Anchorage Daily News reports that Bristol Palin's intended husband Levi Johnston has quit his North Slope oil field job over questions about his eligibility to participate in an electrical apprenticeship program.

During this past fall, Levi Johnston this fall began working at the Milne Point oil field through the ASRC Energy Services apprenticeship program. But questions about his eligibility arose after KFQD conservative talk show host Dan Fagan discovered that Johnston was concurrently pursuing his high school diploma via correspondence. Fagan mistakenly believed that the Federal government required a high school diploma to get into the program; it turned out that it's the State of Alaska which levies the requirement. ASRC confirmed on January 5th that they enforce this requirement, although they didn't explain how Levi Johnston slipped through the cracks.

Keith Johnston, who is Levi's father, explained that his son decided to voluntarily resign on January 5th and return home to pursue his education. Johnston also said that Governor Palin had nothing to do with getting Levi Johnston the oil field job, explaining that his own position as an ASRC construction engineer may have helped him run interference for Levi. In addition, Governor Palin herself emphatically denied any involvement, saying she merely wrote a letter of recommendation, and called Fagan's column a political potshot taken at her.

And in another Anchorage Daily News story, the Public Safety Employees Union (PSEA), which represents the Alaska State Troopers, was forced to blink in the face of a possible confrontation with Public Safety Commissioner Joe Masters over the timing of the prosecution of Levi Johnston's mother, Sherry Johnston. PSEA has backed off allegations that a drug investigation of Sherry Johnston was slowed down last fall to shield the national candidacy of Governor Sarah Palin.

An inquiry by PSEA officials concluded that investigators did not delay a search warrant for political reasons. Charges of political meddling erupted last week because of misunderstandings between investigators working on the case and senior state public safety officials. But Donna Anthony, the leading case officer, said the search warrant against Johnston would not have been ready to serve before the election, regardless of the political climate.

In response, Public Safety Commissioner Joe Masters issued a statement repeating his assertion that the governor's office was never clued in to the drug investigation and that trooper leaders were only trying to assure that the case was handled like any other.

Winners and Losers:

-- WINNER: Levi Johnston. This guy's been a solid trooper from start to finish. He took responsibility for his indiscretion, has arranged to marry Bristol Palin, and is already striving to build his new family. To avoid exposing his future mother-in-law to further vilification, he voluntarily quit his apprentice job. Now he must find a way to replace the lost income, but he has gained even more respect. He'll also be available to give his mother emotional support during her upcoming legal battle.

-- WINNER: Sarah Palin. By showing she was NOT involved in either obtaining the apprentice slot for Levi Johnston or in delaying the prosecution of Sherry Johnston, she has regained much of the integrity and credibility lost as a result of her inept handling of Troopergate. It now appears that Troopergate may have been a fluke, and not typical of Palin's character. But the Guv must understand that she let many Alaskans down through her mishandling of Troopergate, and she must continue to work to regain the trust of those Alaskans.

-- LOSER: Dan Fagan. By failing to check his facts before publishing his information, he inflicted some damage upon his own credibility, and led people to believe that he's crossed the line from being a responsible critic of Palin to waging a full-blown vendetta against the Guv. He needs to tone it down and re-direct his criticism towards more pertinent issues, such as the AGIA/TransCanada issue and Palin's proposed budget based on projected oil prices of $74.41 per barrel, which are far above the prices projected by most experts.

-- LOSER: PSEA. Their crude power play exposed them as just another opportunistic and thuggish public sector union. PSEA has been sniping at Palin since the Monegan firing. Unions are losing respect in Alaska.

Levi Johnston's Mother Appears In Palmer, Alaska Court On Oxycontin Charges; Sherry Johnston Pleads Not Guilty

Note: I would have merely updated my previous post on this issue, except another major related story surfaced this past weekend, warranting another individual post.

Sherry Johnston, the 42-year-old mother of Bristol Palin's future husband Levi Johnston, made her first court appearance on January 5th, 2008, and pleaded not guilty to the drug charges against her today. Sadly, she was alone; no lawyer, friends or family showed up to support her. Presumably, her son Levi could not get time off from his apprenticeship to be there, or he would have likely shown up. Full story in the Anchorage Daily News; over 500 public comments posted to the story so far. KTUU Channel 2 extended video (3:52) posted below:



Johnston asked for a public defender. She told Palmer Superior Court Judge Beverly Cutler that she is in the midst of a divorce and living on medical disability payments and child support. A pre-trial conference is scheduled for February 20th, and trial tentatively slated to begin on March 31st.

Sherry Johnston was indicted by a Palmer grand jury indicted her on six felony counts of misconduct involving a controlled substance relating to possession and sale of the prescription painkiller OxyContin. Alaska State Troopers claim that Johnston admitted selling OxyContin pills to one of their informants. They arrested her on December 18th at her Wasilla home, then released her on bail. An additional account of the investigation was published December 25th in the Mat-Su Frontiersman.

It's been an eventful week for the Johnston family. First, on December 28th, Bristol Palin gave birth to Tripp Easton Mitchell Johnston. Then on January 3rd, KFQD's conservative radio host Dan Fagan ignited another controversy when he revealed that Levi Johnston had been accepted as an electrician apprentice by the Arctic Slope Regional Corporation (ASRC) without Johnston first securing his high school diploma, despite the fact that the State of Alaska specifically requires electrician apprentices to have a high school diploma and one year of Algebra I as a prerequisite for entry into the program. There's no evidence so far that Sarah Palin had anything to do with it personally. [Note: This issue is now moot; the Anchorage Daily News reports that as of 6:15 P.M. on Jan 5, Levi Johnston has quit his ASRC job.]

But here's the major story from this past weekend to which I previously alluded. On January 3rd, the Anchorage Daily News detonated another bombshell with an article revealing that political pressure may have been exercised to delay the arrest and prosecution of Sherry Johnston until after the November 4th general election in order to protect Sarah Palin's chances of becoming vice-president. Kyle Young, a drug investigator for the Alaska State Troopers who was involved in the case, claims that there was a delay in serving the search warrant until after the election. In an e-mail sent last week to all members of the Public Safety Employees Association (PSEA), Young wrote that after it became clear who Johnston is, "this case became anything but normal. It was not allowed to progress in a normal fashion, the search warrant service WAS delayed because of the pending election and the Mat-Su Drug Unit and the case officer were not the ones calling the shots". The article does not link Sarah Palin personally to these efforts.

Alaska Public Safety Commissioner Joe Masters and Troopers director Col. Audie Holloway vigorously dispute that there was anything irregular in how this case was handled. "We worked very hard to make sure we conducted it just as fairly and as normally as any other investigation," Holloway said.

It should also be noted that PSEA, and in particular, the Alaska Correctional Officers Association (ACOA), have had a tempestuous relationship with the Palin Administration, with the focus of their ire on Corrections Commissioner Joe Schmidt. Furthermore, Governor Palin's pursuit of Trooper Mike Wooten has not necessarily endeared her to the PSEA. So we cannot rule out some bias contamination amongst the rank-and-file.

While Sherry Johnston does need to be held accountable for breaking their law, it's sad what this ordinary salt-of-the-earth family has had to endure because of the notoriety imposed upon them by their association with the Palin family. Levi Johnston in particular has a hell of a burden; not only must he minister to the needs of his future wife and current child, but he must be incredibly frustrated to see his mother in legal trouble and to be effectively unable to provide meaningful assistance to her.

Judicial Watch Releases Their List Of Ten Most Corrupt Politicians For 2008; Alaska's Ted Stevens And Don Young Make The List

Judicial Watch, a conservative non-partisan group, has released their list of the "Ten Most Wanted Corrupt Politicians of 2008". And this time, Alaska has two entries; outgoing Senator Ted Stevens and Congressman Don Young. These two did not make the 2007 list.

But there are some repeats from 2007. Here's the list, in alphabetical order. Visit the website to read their descriptions and justifications for each entry:

(1). Senator Hillary Clinton (D-NY): A former Democratic Presidential candidate and a repeat from 2007.

(2). Senator Chris Dodd (D-CT): A former Democratic Presidential candidate.

(3). Obama Advisor Valerie Jarrett (D-IL)

(4). Rep. Jerry Lewis (R-CA): Not to be confused with the equally-pathetic comedian by the same name.

(5). President-Elect Barack Obama (D-IL): A repeat from 2007.

(6). House Speaker Nancy Pelosi (D-CA): A repeat from 2007.

(7). Rep. Charles Rangel (D-NY)

(8). Former Rep. Rick Renzi (R-AZ)

(9). Former Senator Ted Stevens (R-AK)

(10). Rep. Don Young (R-AK)

DISHONORABLE MENTIONS

Former Senator John Edwards (D-NC)
Former Rep. William "Dollar Bill" Jefferson (D-LA)

Here's Judicial Watch's assessment of Ted Stevens:

"Uncle Ted" Stevens, the face of Alaska politics for 40 years and formerly the longest serving Republican in the U.S. Senate, was narrowly defeated in his campaign for re-election in November. But that's the least of his problems. Just days before the November election, Stevens was convicted on seven felony counts for accepting illegal gifts and then lying about it. The establishment of both political parties came to Stevens' defense, including former Secretary of State Colin Powell and Democratic Senator Daniel Inouye, but to no avail. The jury found Stevens guilty on all counts. And now Stevens faces the possibility of a 35-year prison sentence.


Not even the most ardent Ted Stevens supporter will dispute his inclusion on this list. After all, he was tried and convicted. But Judicial Watch apparently is not impressed by the fact that Stevens is appealing the verdict due to gross prosecutorial misconduct. The degree of misconduct was driven home when it was revealed that an Alaskan FBI agent accused fellow agents and at least one prosecutor of misconduct and unethical behavior in both the Alaska investigation and the Washington trial of Stevens.

And here's Judicial Watch's assessment of Don Young:

Carrying on Alaska's legacy of corruption, Rep. Don Young is also the subject of an influence peddling investigation. (You may recall it was Young who attempted to push through the $200 million "Bridge to Nowhere" boondoggle.) Well, the Justice Department is also investigating the 18-term congressman for his corrupt ties to an oil services company, VECO, ironically the same company that furnished illegal gifts to Senator Ted Stevens. VECO allegedly used golf tournaments and pig roasts to illegally funnel cash to Young, which the 18-term congressman then failed to report on his financial disclosure forms. VECO Vice President Rick Smith has already pleaded guilty to bribing lawmakers to support oil-friendly legislation. The Alaska Republican also added a $10 million earmark for the construction of short stretch of road in Florida that benefited a wealthy campaign contributor. Real estate developer, Daniel Aronoff, had raised $40,000 for Young shortly before the earmark was inserted.


Don Young's explanation of and justification for the Coconut Road earmark can be found HERE. The "Bridge to Nowhere" was hardly the boondoggle it was made out to be; all bridges are "bridges to nowhere" until after they're built. Furthermore, Don Young has neither been indicted nor convicted, so the fact that he's under investigation and has spent nearly $1 million on pre-emptive legal fees is irrelevant at the moment. And why is Don Young on the list when William Jefferson only gets "dishonorable mention"? Jefferson's actually been indicted; Young has not.

Sunday, January 04, 2009

Pebble Mine In Southwest Alaska A Tougher Sell After Ruptured Dam Inundates The Kingston, Tennessee Area With 1.1 Billion Gallons Of Coal Ash Sludge

The proposed Pebble Mine in Southwest Alaska, already a tough sell to many Alaskans with the strongest opposition centered around the Bristol Bay area, may have become a tougher sell after the December 22nd, 2008 disaster just upstream of the confluence of the Tennessee and the Clinch Rivers near Kingston, Tennessee when a 65-foot TVA-owned earthen dam containing coal ash sludge ruptured and inundated 300 acres of the adjacent countryside with an estimated 1.1 billion gallons (or 5.4 million cubic yards) of the pudding-like goo. The sludge wall swamped residential lakefront property, swallowed farmland and killed fish. It's estimated to be 40 times bigger in volume than the 1989 Exxon Valdez oil spill in Alaska. Visit the UnitedMountainDefense website and the DirtyCoalTVA blog for more information and pictures.

As a matter of fact, if the TVA doesn't move out smartly to clean up the mess, compensate the 42 affected families who owned property in the area, and restore the area, the disaster could be used as justification to kill the Pebble Mine project altogether.

While a specific cause of the dam's collapse has yet to be pinpointed, it's been noted that 8.83 inches of rain fell in the area during the preceding three weeks, which may have weakened the earthen berm retaining walls of the landfill sufficiently to cause them to give way, allowing five decades of fly and bottom ash to ooze over the river and land below. A TVA official stated that the dam had been inspected yearly, most recently in October.

At least three homes were completely destroyed and dozens more damaged. Officials have now declared that local tap water is considered safe because the treatment process removes the chemicals, but locals have been advised against consuming well water because of the possibility of groundwater contamination. Some heavy metal concentrations near the epicenter of the spill were found to be 300 times higher than regulatory levels.

So what about the Pebble Mine? According to the Pebble Partnership, the proposed development plan for the Pebble Project, to be submitted in 2009, will be subject to a regulatory review involving 11 state and federal agencies and the citizens of Alaska. The Pebble Partnership must also provide information for an Environmental Impact Statement (EIS) and achieve more than 60 state and federal permits. The combined review and permitting process could take three years or more to complete. The Partnership's Pre-Permitting Reports on meteorology, hydrology, and geology of the area can be found HERE.

The Renewable Resources Coalition, which opposes the Pebble Mine and which was one of the groups behind the failed Ballot Measure 4 during the summer of 2006, points out that the proposed Pebble Mine, which would be the first of many, would include the largest dam in the world, larger than Three Gorges Dam in China, and made of earth, not concrete, to hold back the toxic waste created in the mining process. Pages 8 and 9 of these DNR documents show the proposed tailings pond and the associated earthen dam. It will be considerably higher than a mere 65 feet. It looks like around 700 feet, to be precise.

But will a 700-foot high earthen retaining wall be strong enough to contain such a large tailings pond? We have an additional problem not shared by Tennessee; Alaska is geologically active. That means earthquakes. The TVA spill has already produced a fish kill; a similar breach of the Pebble tailings pond would produce another fish kill. But a Pebble fish kill would jeopardize salmon in their spawning area, adversely affecting one of the three largest industries in Alaska - commercial fishing. In 2008, the total value paid to all harvesters of all types of fish in Alaska was around $1.4 billion.

The Pebble Partnership needs to factor in the TVA spill and inform the Alaskan public how they plan to minimize the possibility of a similar breach in Alaska. They should not interpret the vote against Ballot Measure 4 last summer as a vote for the Pebble Mine. Most people voted against Ballot Measure 4 because they believed it would shut down existing mining in Alaska, although the language tended to grandfather existing operations. But had the TVA spill occurred before the August election, it's quite possible that Ballot Measure 4 would have passed.

Other areas of the U.S. are vulnerable to these problems. A Kennecott tailings pond near Magna, Utah, is considered a threat to rupture in the event of a 7.5 or greater earthquake, inundating several adjacent neighborhoods. The Wasatch Front is considered long overdue for a serious quake. And Leadville, Colorado remains in danger of a possible toxic gusher from a mine drainage tunnel. Alaska is open for business for the mining industry, but not at the price of our fishing industry, and not at the risk of permanent destruction of our environment.

Saturday, January 03, 2009

KFQD's Dan Fagan Attracts National Publicity With Claims That Bristol Palin Beau Levi Johnston Got Preferential Treatment In ASRC Apprentice Program

Update January 5th: The Anchorage Daily News now reports that Levi Johnston has quit his job with the Arctic Slope Regional Corporation and will pursue his education instead. This decision now renders the issue moot.


KFQD's conservative shock jock Dan Fagan has now attracted national publicity over his claim that Bristol Palin's intended husband, Levi Johnston, may have been preferentially and illegally enrolled in an electrician apprenticeship program operated by the Arctic Slope Regional Corporation (ASRC). The story has now been picked up by McClatchy DC.

McClatchy DC cites Fagan's latest Anchorage Daily News column dated January 3rd, and this post on The Alaska Standard blog, a right-of-center team blog operated by Fagan, as references. In general, Fagan claims that Levi Johnston's reported service as an electrical apprentice on Alaska's North Slope while simultaneously enrolled in correspondence courses to complete high school violates federal regulations. He interprets those regulations as mandating a high school diploma.

Fagan also notes that the director of the ASRC apprenticeship program confirmed that Johnston was enrolled in the program, but that he didn't know if federal regulations prohibited those without a high school diploma from participating. The director also did not know if there was a waiting list to enter the program, and could not answer if Johnston had jumped the waiting list to enter the program. Fagan also contacted both the Governor's office and the home of Levi Johnston's mother to get a response from the other principals involved, but has received no reply as of this post.

Triggering Dan Fagan's renewed interest in Governor Palin's internal family affairs was a statement released by Governor Palin on Wednesday December 31st in which she sought to rebut erroneous reports that Levi Johnston was a high school dropout by explaining that Johnston was currently seeking his GED via correspondence concurrent with his ASRC apprenticeship.

So the next step is to find out exactly what Dan Fagan said about the "Federal diploma requirement", and to determine whether or not his information is accurate. To do this, we go back to his initial post on The Alaska Standard, dated January 2nd. And here's what he said:

...federal regulations require any members of apprentice programs, union or otherwise, first obtain a high school diploma, something the Governor’s soon to be son-in-law, Levi Johnston does not have. Some apprentice programs even require the completion of high school level Algebra or the post secondary equivalent.

{snip}

Bo Underwood, who heads up ASRC’s electrical apprentice program, confirmed Johnston is indeed enrolled as an apprentice. Underwood claimed not to know whether a high school diploma is needed to be an ASRC apprentice and said he would check on it. But federal regulations clearly state a high school diploma is needed before entering an apprentice program.


But do Federal regulations actually require a high school diploma before entering an apprentice program? Here's the specific guidance from the Department of Labor Employment & Training Administration website:

Registered apprenticeship program sponsors identify the minimum qualifications to apply into their apprenticeship program. The eligible starting age can be no less than 16 years of age; however, individuals must usually be 18 to be an apprentice in hazardous occupations. Program sponsors may also identify additional minimum qualifications and credentials to apply, e.g., education, ability to physically perform the essential functions of the occupation, proof of age. All applicants are required to meet the minimum qualifications. Based on the selection method utilized by the sponsor, additional qualification standards, such as fair aptitude tests and interviews, school grades, and previous work experience may be identified.


Note that the Federal government itself does NOT mandate a high school diploma as a prerequisite. They simply require an apprentice to meet the minimum qualifications prescribed by a sponsor, who may or may not require a diploma as a condition of entry. So Dan Fagan has already misstated himself. Sponsors are defined as specific companies or corporations which offer apprenticeship programs.

The next step is to determine whether or not the State of Alaska levies a diploma requirement as a prerequisite for entry into an apprenticeship program. Thanks to the Democratic Underground forum, we have a link to Alaska state information HERE. On the first page, under the paragraph heading "Procedure for Application", it requires an apprentice candidate to furnish a high school diploma only IF REQUIRED.

However, the second page lists the various trades, and specifies that an apprentice for either Electric Lineman or Electric Wireman must have a high school diploma AND one year of Algebra I as a prerequisite. The State of Alaska supersedes the sponsor in this particular case. So it is the State of Alaska, and not the Federal government, which mandates the diploma. Andrew Halcro's blog also shows a couple of other Alaska Links corroborating this information.

In summary, the Federal government does NOT prescribe minimal educational standards, but leaves that issue to the sponsor. But the State of Alaska steps in and prescribes minimal educational standards, with which sponsors presumably must comply. Consequently, based upon my interpretation of state guidance, ASRC is in violation of these standards by employing Levi Johnston as an apprentice before receiving his high school diploma (or GED). Thus Dan Fagan's concern is warranted, even if he misstated the Federal requirement. The fact that Dan Fagan may have long since crossed the line from being a mere critic of Governor Palin to nurturing a full-blown bias against her is irrelevant in this case.

Because of the legacy of distrust left by Sarah Palin in the wake of the Troopergate saga, the Governor does owe us an explanation for this anomaly. In particular, ASRC owes an explanation as to why Levi Johnston is employed as an apprentice electrician without a high school diploma in apparent violation of Alaska state guidance. If it is on the level, then fine, but state the justification. It is a shame that Levi Johnston himself is being dragged once again into public scrutiny, and he shouldn't be looked upon as the "bad guy" in this deal. But once again, we may have a Governor who's acting like an overprotective mother.

Friday, January 02, 2009

Another Alaska Success Story: Kenai's Eight-Year-Old Marcus Yamada Fighting And Winning A Battle Against Promyelocytic Leukemia

While the attention of the community of Eagle River, Alaska was understandably focused on ten-year-old Shawn Stockwell, who received a heart transplant and has endured a battery of post-op medical challenges, another Alaskan medical success story has been unfolding down on the Kenai Peninisula. Read the full story published in the Peninsula Clarion on December 29th. Note: The Anchorage Daily News finally picked up this story on January 5th.

Summary: The story discusses the medical challenges faced by eight-year-old Kenai resident Marcus Yamada. Just under a year ago, Marcus was diagnosed with a rare form of cancer, promyelocytic leukemia. The diagnosis sent the Yamada family -- Marcus, his mom, dad and brother, Mason -- to Seattle Children's Hospital. From February through June 2008, Marcus underwent various treatments.

Seattle Children's Hospital sees around 2,000 new diagnoses of child leukemia each year. Marcus was only the third case of promyelocytic leukemia reported by the hospital. In addition, medical personnel actually rewrote the protocol on treatment of this type of leukemia as he was going through it.

And so far, the treatment has been successful. The progression of Marcus' cancer was stopped about 45 days after he first arrived in Seattle, and has actually been in remission ever since. But the battle isn't over yet - he's currently undergoing "maintenance chemotherapy" to prevent a recurrence of his cancer. Since returning to Kenai, Marcus has three different forms of chemotherapy he takes orally. He takes one type every day, another type once a week, and a third form is spread out over eight 84-day rounds where Marcus takes the medication the first 15 days of each round. In addition, Marcus also takes anti-anxiety, anti-nausea, antibiotic and anti-fungal medications.

The Yamada family also attributes Marcus' recovery to strong support from extended family and the community. Although multiple fundraisers were put on to help out the Yamadas while key family members were with Marcus in Seattle, critical assistance was provided by other extended family members who sold their shared 10-acre property in the Caribou Hills and gave the proceeds to Marcus' family.

The Yamada family has set up a website where you can find out more about Marcus Yamada and his courageous fight against cancer, as well as view photos of Marcus and his family. WebMD offers a slightly technical but readable explanation of promyelocytic leukemia, and discloses that the survival rate for juvenile patients has now reached 80 percent. So the prognosis for Marcus is good.

But the key to guaranteeing success here has been family and community. First, a committed, intact nuclear family prepared to sacrifice. Second, extended family members to augment the efforts of the nuclear family. And finally, a responsive community. As the ability of government to provide funding and services continues to contract, family and community will take center stage once again. Will our public educational system respond to this change by better preparing the rising generation in our schools to construct more successful families, and to do so in a way that stresses reality over ideology?

This is not about ideology. It's about reality.

Thursday, January 01, 2009

Alaska Rings In 2009 With Implementation Of HB19, A Tougher DUI Ignition Interlock Law, But The Devices Have Their Defects


Happy New Year to all Alaska Pride readers! The Anchorage Daily News has rung in the New Year by publishing a story about Alaska's new DUI ignition interlock law, which takes effect today. It mandates the more widespread use of these devices by DUI offenders, extending it to first-time offenders as well. KTUU Channel 2 has also run a story. Designated HB19, the bill was written by then Rep. Kevin Meyer (R-Anchorage), passed, and signed into law on June 22nd, 2008 (see previous post from April 3rd, 2008 for more background). One of the key co-sponsors was Rep. Harry Crawford (D-East Anchorage), who became personally involved with this issue when his wife was struck and seriously injured by an inebriated driver on a narrow, poorly-lit road on Christmas Eve in 2004.

Read the full text of HB19 HERE. Highlights addressed below:

-- Device mandatory for 12 months for a first-time offender
-- Two years after a second conviction
-- Three years for someone convicted three times of driving under the influence
-- Additional convictions require the devices for as long as the person is on probation.
-- Interlock limitation to be annotated on drivers' license
-- Criminalizes renting or loaning a car to a driver with such a limited license
-- Alaska cities required to adopt similar legislation

The Anchorage Assembly unanimously passed an ordinance in mid-December that brings city laws into line with the new state statute and will allow judges to impose the requirements on people arrested by local police.

So just what is an ignition interlock system? According to 1800duilaws, it is a sophisticated system that tests for alcohol on a driver's breath. The device requires a vehicle operator to blow into a small handheld alcohol sensor unit that is attached to a vehicle's dashboard. The car cannot be started if a BAC is above a preset level (usually .02 to .04 BAC). Alcohol safety interlocks that meet the standards issued by National Highway Transportation Safety Administration (see the See NHTSA Conforming Products List and Technical Information Regarding Alcohol and Drug Law Enforcement Technology) not only require a test to start the engine, but also require a test every few minutes while driving. Called the "rolling or running retest," it prevents another person from starting the car and then allowing an impaired driver from taking over the wheel (NHTSA guidelines call for only one subsequent test and the Alberta, Canada standard calls for multiple running retests). With modern safeguards, alcohol safety interlocks are extremely difficult to circumvent when properly installed and monitored every 30 to 60 days. The cost? According to Babette Miller, owner of Smart Start of Alaska, the device can be installed in about an hour and a half. During that time, a 10- to 15-minute instructional video is shown. The device costs between $100 and $150 to install, plus a monthly lease of $125.

However, while ignition interlock devices sound like a sensible passive control feature on the surface, like other human inventions, they have their weaknesses and imperfections as well. They must be properly installed and monitored to initially work properly. Even then, there is no guarantee that they will continue to work properly. In some cases, the cure may actually be worse than the disease.

A comment posted on July 6th, 2007 to this post on Lawrence Taylor's DUI blog discloses the myriad of technological problems associated with these devices:

Interlock Installed 06/09/07

First, I haven’t had anything to drink in over four years.

I have a Draeger Interlock installed in my car (pre-XT) model as that’s all that was available from the one local dealer. My problem is that it doesn’t work as it should which creates frustrating and potentially dangerous situations due to the amount of extra attention required.

To begin with, you have to suck/blow just right!

Blowing Problems
1. Didn’t suck hard enough.
2. Didn’t suck/blow quickly enough.
3. Blew too soft.
4. Blew too hard.
5. Didn’t blow long enough.
6. Any combination of the above.

You are allowed 10 tries in theory before a lockout scenario.

First Problem 06/13/07: The first time I failed was for a re-test just as I was getting ready to turn car off and get gas. After several tries, the horn blew. After a few more the horn started blowing every 20 seconds and the lights are flashing. Now, I’m driving through a busy suburban neighborhood with the horn and lights going while trying to get the interlock to accept a blow test. Finally about 10-15 minutes and 20-25 attempts, it accepted the test and passed me which stopped the horn and lights.

Second Problem 06/23/07: The second time I was at a hot construction site and after 10 tries before starting, the car went into lockdown for 15 minutes before I was allowed try again (which I did and got it started).

Third Problem 06/29/07: The third time I had a problem. I got a re-test and after 6-7 blows, it said disabled and while I was driving and started a 15 min lockout countdown. Two and one-half minutes later at a congested traffic light, the horn and lights started going off. I pulled into a parking lot and turned the car off till the remainder of the 15 minutes expired and allowed me to restart the car. [Note: The first & third problems are contradictory as to how it’s supposed to function. I believe the third is what was supposed to happen. None the less, getting this to work as it should has become a real problem in itself].

Fourth Problem 07/05/07: The fourth problem today was that it totally lost its logic. I started the car and going down the interstate. Instead of the first 15 min re-test I was expecting, it said re-test after about 10 minutes. I blew and passed the rolling re-test. However, instead of putting dot’s on the screen it says “OK to Start” as if I was ready to start the car for the first time or had shut the car off and had a 4 min window to re-start without testing. It was stuck in a loop. Every 4 minutes now going down the interstate it’s goes into a 10 sec warm-up countdown and asks for another test as if the car had not been started. Each time I pass it say’s “Ok to Start” again and waits another 4 minutes. The bottom line is it’s unable to distinguish whether the car is turned on or off.

Design flaw: It has a display measuring bars which can’t be seen while taking the test. It also provides to tones to gauges the success or not of a test. Being hearing impaired, I cannot hear the high-pitched tones (which are the first to go with a hearing loss). There is no volume control, tone adjustments, or options for external amp/speakers. I have currently overcome this by buying a $25 2″ amp with a microphone and headphone jack from Radio Shack and taping it to the back of the box. This means turning on the amp and inserting an ear-bud in addition to having to turn the stereo down and the air conditioning off every time this ask for a re-test all while under a 5 minute time restraint while driving.

Comment by james50plus — July 6, 2007 @ 8:01 am


Mind you, the experiences cited above may be atypical, and the technology has undoubtedly improved during the past 18 months, but the account represents nearly every significant problem that can surface with this technology. While it may be ridding our streets of drunk drivers, we may be replacing them with DISTRACTED drivers. Would you want to be T-boned at an intersection by a driver who's distracted by a malfunctioning ignition interlock?

Lawrence Taylor is a prominent California attorney who's represented thousands of clients in DUI cases. His commentary and expertise even attracted the attention of Business Week magazine. They published an article on ignition interlock devices, in which he criticized their broad-brush approach. He maintains the real DUI problem is not generated by the majority of drinker who are merely social drinkers, but a much smaller number of problem drinkers who are repeat offenders.

However, extremist groups like Mothers Against Drunk Driving (MADD) and Remove Intoxicated Drivers (RID) believe that all social drinkers will become problem drinkers (RID is so radical they want a national .05 standard). So they embrace slippery-slope theory and promote pre-emption. Taylor reveals that Mothers Against Drunk Driving are behind the push towards interlocking first-time DUI offenders. In addition, MADD is promoting the idea of equipping all new cars with this technology in the future. Furthermore, Taylor also reveals that MADD has been the recipient of windfall contributions from a number of corporations. If you review MADD’s 2005 Annual Report, you will find a list of their top contributors – those ”Platinum Corporate Donors” who have paid MADD at least $100,000. There are six: Dial America Marketing, Nationwide Mutual Insurance, Nissan North America, Daimler Chrysler Corporation, Car Max Foundation and General Motors Corporation (makers of Saab). Yes, three car manufacturers…and a telemarketer heavily used by MADD.

Lawrence Taylor has a sound approach - discriminate between social drinkers and problem drinkers. The problem drinkers are those who have multiple DUIs or who have killed or injured anyone in any DUI. The interlock device should always be mandatory for them. With social drinkers who incur an initial simple DUI (no injury, fatality, or property damage), the device should be voluntary, and incentives provided to induce voluntary use. The Alaska State Legislature meant well, but took another step towards tyranny under the innocent-sounding guise of "DUI enforcement".

Multiple Offender Travis Marcellus Toney Wanted By Anchorage Police On Kidnapping, Weapons, And Assault Charges


Like Benjamin Wallace Rucker and Johnathan Bindon, Travis Marcellus Toney (pictured at left, courtesy Anchorage Police Department) also decided that his Kwanzaa should go out with a bang as well. The Anchorage Daily News and KTUU Channel 2 report that Anchorage Police are looking for Toney, who has three felony warrants for kidnapping, assault, and a weapons violation. Apparently the -10F temperatures currently in the Anchorage Bowl are no longer a deterrent to this type of activity.

Toney got into a fight around 6:30 A.M. on December 30th, 2008 with a man in the parking lot of a gas station on Arctic Boulevard and International Airport Road. Toney then fled in a white Ford Expedition driven by a 24-year-old woman, Chelsea Wilson. They were pursued by Toney's interlocutor, and Toney fired multiple shots at the man to deter him from his pursuit.

Toney got out of the Expedition near 45th Avenue and Tudor Road and then carjacked a 22-year-old man, ordering him to drive. The victim drove Toney to the area of Debarr Road and Bragaw Street, near the old Anchorage School District headquarters, where Toney fled on foot, leaving the driver unharmed.

Meanwhile, Chelsea Wilson was stopped at the intersection of Arctic Boulevard and Chugach Way and arrested for drunken driving.

Toney is described as a black male, 23 years of age, standing 5-foot-9 and weighing 170 pounds. The Anchorage Police Department asks that anyone with information on Toney's whereabouts call 786-8900.

When the media also publish police photos of a suspect, it strongly implies a previous record. Consequently, I dipped into Alaska Court Records, and was not at all surprised to find that Toney has an impressive "pedigree" dating back to 2002. Not only has he been the defendant in several small claims actions, but he has also faced a variety of criminal charges, to include minor consuming alcohol, no license plates, no proof of vehicle insurance, assault, domestic violence with children, family violence, malicious destruction of property, forgery, theft, and misconduct with weapons. A real charmer. Links to the specific cases below:

-- 3AN-01-02706CI
-- 3AN-02-03120SC
-- 3AN-02-06036CR
-- 3AN-04-01453CR
-- 3AN-04-01767CR
-- 3AN-04-11619CR
-- 3AN-01-00216CI
-- 3AN-03-07354CI
-- 3AN-04-06868CR
-- 3AN-05-01878CI
-- 3AN-05-05519CR
-- 3AN-06-01976SC
-- 3AN-94-03520CI
-- 3AN-04-03154CR
-- 3AN-04-03155CR
-- 3AN-06-02158CR
-- 3AN-06-07063MO
-- 3AN-06-07064MO
-- 3AN-08-14666CR