The Alaska Legislature has rejected a $37 million damage claim by the former landlords of its Anchorage offices, and the dispute will now head to court if the landlords decide to prolong it.
The Legislative Council, a 14-member House-Senate committee that handles the Legislature's own budgets and business, voted unanimously at a Monday afternoon meeting to uphold a prior decision dismissing the claim. That earlier decision was made by Kodiak Republican Sen. Gary Stevens, the chairman of the council.
The next step for the developers "would be if they decide to take it to Superior Court," said Juneau Democratic Rep. Sam Kito III, who will replace Stevens when the chairmanship rotates to the House in January.
In a brief prepared statement, one of the landlords, Mark Pfeffer, said they are reviewing the decision.
The damage claim was made by Pfeffer and Bob Acree, the landlords who remodeled the Legislature's former office building in downtown Anchorage.
Lawmakers last month moved from that building into new Anchorage offices in Spenard, which they bought after a Superior Court judge ruled that their no-bid lease for the downtown building was illegal and invalid.
Stevens has said that the move — and the abandonment of the downtown building — was justified by a clause that makes the lease with Pfeffer and Acree contingent on lawmakers setting aside the money to pay for it.
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Johann Zenger
Nov 21, 2016
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When are people going to finally wake up and see that the members of the Republican Majority are wholly incompetent and should have all been kept far away from any position of government?
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Answer: When it's far too late.
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Want good schools? . Too bad, we're paying for past idiocy.
Want good roads? Sorry. We spent the money on bright shiny imaginary objects.
Want your dividend? The most profitable corporations in the world needed a 20 billion dollar welfare payment.
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Comrade Larry
Nov 22, 2016
They're not the most profitable corporations in the world. Makes a nice bumper sticker assertion, though.
JW907
Nov 22, 2016
Actually, according to profit reports at the end of 2015, Exxon Mobil and Chevron were #2 and #5 respectively in the top 5 most profitable corporations in the world.
In June of this year, Exxon Mobil was the #9 most profitable corporation of all Fortune 500 corporations.
So, his point isn't completely right, but it's hardly able to be dismissed as wrong.
Comrade Larry
Nov 22, 2016
Should have said among the most profitable, then. I'm sure you enjoy tour smart phone made by $2.00/hr non-american, non-tax paying labor. Same with most of the clothes you wear. Yet those corporations bring in their products, tariff free, and we can afford them. Not saying we should have tariffs, just that it's a little more complicated than that and government subsidies come in many forms.
What about colleges that put gender studies people into lifetime debt because government subsidized loans drive up the price of tuition.
I often see people on these posts that are all for the state investing in the gasline or taking over oil production, outright, and keeping all of the profit. How is that any different than giving tax credits as a defacto "partner'' and making many times that amount back in royalties and other taxes.
The current tax structure has encouraged exploration and production. Maximum benefit of the people does not necessarily mean maximum money for the state to dole out.
Comrade Larry
Nov 22, 2016
That's "your" smartphone. Not a typist.
Johann Zenger
Nov 22, 2016
In reply to:
They're not the most profitable corporations in the world. Makes a nice bumper sticker assertion, though.
— Comrade Larry
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Actually, you're both only looking at figures for one year.
...when you look past any one year's total, and take a longer perspective,
….yes, they are.
Over reasonably longer periods of time, they are the most profitable corporations in the world.
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…and you're right, a bumper sticker wouldn't hurt to remind people that the most profitable corporations in the world shouldn't be receiving welfare payments paid with public monies.
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JW907
Nov 22, 2016
In reply to:
Should have said among the most profitable, then. I'm sure you enjoy tour smart phone made by $2.00/hr non-american, non-tax paying labor. Same with most of the clothes you wear. Yet those...
— Comrade Larry
I was not aware that Apple had attempted to open a factory here in Alaska, nor Levis, nor Hanes. As their base here is minimal to non-existant, these corporations don't factor into the state budget.
The focus of this was discussing the effect on the state budget. Therefore, we need to look only at companies that do business with the state, or have looked at doing direct business with the state. In this case JPZ is correct in that we as a state give away a massive amount of potential revenue to oil companies under the false notion that exploration would stop if we didn't. Oil companies need oil to function, we have the oil, and they will continue to seek it where they can, no matter how tough it might be.
Comrade Larry
Nov 23, 2016
You guys are the ones that keep bringing up the worldwide profits into the conversation. When oil was over $100.00/ barrel, the oil companies did, in fact, go elsewhere for their oil. Alaska was about the only place where new development was flat and production was falling.
JW907
Nov 23, 2016
I think we're referencing two different points, but your answer clarifies why we're off.
Corporations that are shockingly profitable (like Exxon and Chevron) on a global scale, should not be financed on the backs of taxpayers to sustain their massive production operations here in Alaska. We are directly a major contributor to their profits via the extraction of our oil. The argument is they're making money on us at least twice: we pay them to extract it, and they get paid when they sell it (sometimes 3 times when they sell it back to Alaskans as gasoline or heating oil).
This contrasts with Apple, Levis, etc mentioned because they aren't receiving subsidies from the state government to conduct their operations here. They operate like other for-profits in that they sell their products. If Apple opened a factory in Alaska, I would protest state government giving them unreasonably high tax breaks just like with the oil companies.
Foster McTeague
Nov 21, 2016
Can we get this straight? Pfeffer and co. went into the deal with the understanding that the deal would be rescinded if the legislature failed to fund it for whatever reason and they are now trying to get around the contract clause through the court?
52yrsanAKn
Nov 21, 2016
Maybe this will put the brakes on all these sweetheart deals between these "developers" and our elected officials. Nothing new, here. Just "good-ole boys" wheelin' and dealin", and that's been going on for decades. Makes me feel somewhat ashamed that I, and my fellow commoners allowed it to go on for so long. These guys played their cards and came up with a losing hand. Let sleeping dogs lie. It is what it is.
chris nyman
Nov 21, 2016
In reply to:
Can we get this straight? Pfeffer and co. went into the deal with the understanding that the deal would be rescinded if the legislature failed to fund it for whatever reason and they are now...
— Foster McTeague
True Enough. I know they (PA) spent a lot of money to upgrade the property but that is adding to their base value. So did the State obligate itself for tenant improvements of $37 million? No obviously something much less. It was a spiral out of control. The gamble did not pay off. PA wants $32 million. I know that half of that is bullshit.
Michael Albertson
Nov 22, 2016
In reply to:
Can we get this straight? Pfeffer and co. went into the deal with the understanding that the deal would be rescinded if the legislature failed to fund it for whatever reason and they are now...
— Foster McTeague
No Foster, Pfeffer & Co. went into the deal with the firm assurance of Representative Hawker that everything was okay dokey.
W. Gary Smith
Nov 22, 2016
In reply to:
True Enough. I know they (PA) spent a lot of money to upgrade the property but that is adding to their base value. So did the State obligate itself for tenant improvements of $37 million? No...
— chris nyman
When will Mike Hawker be indicted over this?
Robert Rehbock
Nov 23, 2016
In reply to:
No Foster, Pfeffer & Co. went into the deal with the firm assurance of Representative Hawker that everything was okay dokey.
— Michael Albertson
And a legislator's word is worth what?
Undeclared
Nov 25, 2016
In reply to:
When will Mike Hawker be indicted over this?
— W. Gary Smith
Hawker first, but not only Hawker. There were several others on the "committee" that signed off on the scam. They all need to be held personally accountable and then banned forever from holding any elected office.
Don Simmons
Nov 22, 2016
I have no dog in this fight but as is so often the case things are not as simple as they seem.
Unintended Consequences... Despite the emotion surrounding this particular deal, the consequences of breaking this lease using the "subject to appropriation" language is likely to have unintended negative consequences beyond the values of this lease or any claimed damage. The "subject to appropriation" language is a standard and required clause in all State contracts. The purpose is to protect the State if revenue is not available to pay under terms of the contract. It is not intended to give the State the prerogative to change their mind. The unintended consequence of using this clause to break this lease will be to make all future contracts, leases and bond sales more expensive or in some cases impossible. Especially those contracts involving financing.
my2cents
Nov 22, 2016
Except in this instance, the State is technically bankrupt, at least until the legislature finds a way to tap the principal of the PF to pay our bills.
What really affects our credit rating here is the legislature's inability to make the hard decisions, and commit, one way or another.
It also doesn't help that some members of our legislature appear to have been bought and paid for by big oil.
SB-21 also helped to put a lot of potential investors and project partners on guard. This gives the appearance of Alaska's government being under the control of third parties.
I think that the "Oilies" who were instrumental in bringing about SB-21 should be compelled to sell out their interest in the North Slope to others who haven't been as manipulative and mercenary.
I also think that GCI should suffer some sort of penalty for their PFD interference, above and beyond that of us who are switching carriers. "Clipping" is what GCI did, and it carries a penalty!
Don Simmons
Nov 22, 2016
"Except in this instance, the State is technically bankrupt, at least until the legislature finds a way to tap the principal of the PF to pay our bills."
my2cents,
This argument might be valid if there were other contracts or leases or bond issues that were defaulted under the "subject to appropriation" clause. As a casual observer it appears to me that the decision was based on dissatisfaction with the lease deal, not a lack of funding.
Richard Corbeil
Nov 22, 2016
In reply to:
I have no dog in this fight but as is so often the case things are not as simple as they seem. Unintended Consequences... Despite the emotion surrounding this particular deal, the consequences of...
— Don Simmons
Ya, it will also make it necessary for those offering up $10 million building to not charge $30 million. That clause worked as intended. The people got word of the scam and protested loud enough for it to fall through. The only thing missing to date, are the indictments. And I am guessing those too would alter the negotiations on future contracts with the state. That is, in the unlikely event some should be handed down.
Johann Zenger
Nov 22, 2016
In reply to:
"Except in this instance, the State is technically bankrupt, at least until the legislature finds a way to tap the principal of the PF to pay our bills." my2cents, This argument might be valid if...
— Don Simmons
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Uh, Don
Dissatisfaction? Is dissatisfaction a synonym for 'being found to be illegally entered intol'?
my2cents
Nov 23, 2016
In reply to:
"Except in this instance, the State is technically bankrupt, at least until the legislature finds a way to tap the principal of the PF to pay our bills." my2cents, This argument might be valid if...
— Don Simmons
I think that you're correct about their motivation, but I believe that circumstances forced their hand. Were there no drop in oil prices, all of this could have stayed a non-controversy. Suddenly Alaska's financial health became an issue to almost everyone. Oops!
Bonobo Jean
Nov 22, 2016
both sides knew this deal was dirty.. now when it falls through they want to be paid anyway.. right
Johann Zenger
Nov 22, 2016
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…and we will pay.
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We're already paying now
….and we'll be paying even more later.
Five O'clock Somewhere
Nov 22, 2016
Pfeiffer and Acree should be suing Mike Hawked for $37 million. Hawked was the criminal that perpetuated the corrupt TajMahawker deal in the first place.
Michael Albertson
Nov 22, 2016
$37 million in damage? Must have been one hell of a party!
Richard Corbeil
Nov 22, 2016
Actually this may not be a bad thing. Court is just where we want these guys. As long as the lawyers for the state represent the state and not the legislators.
Johann Zenger
Nov 22, 2016
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Better if we didn't elect Republican grifters in the first place,
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Richard Corbeil
Nov 22, 2016
The problem is the only alternative is Democrats so realistically, there is not alternative.
Rainbird
Nov 22, 2016
In reply to:
. Better if we didn't elect Republican grifters in the first place, ...
— Johann Zenger
Republicans have been bad as state officials and they're bad for the White House and congress.
Judah ben Hur
Nov 22, 2016
Remember, folks, our state's honor is at stake here. What about the next time the Legislative Council wants, oh, a legislative jet or something? Would we really want them to have to go through a whole demeaning rigamarole of being sure it's legal and then getting a bunch of bids and having to take the lowest one? Even if that means vinyl seat covers, inexpensive carpets and only two restrooms? Hell, no! Alaska has pride! We want our guys to be able to hold their heads up when they go to New Jersey, Illinois, or other states famous for good government!
TML
Nov 21, 2016
Leg Council will probably settle the suit about the remodeled previously-new building by giving the previous remodelers the new contract to remodel the now-new building. The more things change, the more they stay the same. . . .
Rainbird
Nov 22, 2016
These are the same clowns that gave Taj Mahawker the go ahead to swindle the $40 million buyout deal with the private owner. I want to know why the non-partisans and independent voters will continue voting these riffraff back into office.