Today, the Superior Court of the State of Alaska, Third Judicial District ruled in favor of the Anchorage Assembly in the case against Mayor Bronson regarding the investigation report into Mayor Bronson's former Health Department Director Joe Gerace. Upon receiving the ruling, Assembly Chair Constant issued the following statement:
“Truth is nothing if not inescapable. After a year of judicial process to bring the truth to light, today, the Court ruled to affirm what the Assembly has asserted all along: public leaders are accountable to the public. The ruling upholds that the public has an interest in the investigation report of Gerace's tenure at the Anchorage Health Department, even if the records are embarrassing to the individual or to the Municipality.
Specifically, the Court ruled that a January 2023 memorandum summarizing an investigation into Mr. Gerace's appointment should not be withheld from public review. The Court also ruled that a second, related memo is releasable, but protected only by attorney-client privilege—a privilege Mayor Bronson can waive today.
It is fitting that, on the very day we amplify government transparency with the Online Checkbook launch, the Court expressed in the ruling: 'the health of a representative democracy depends on accountability, and without public knowledge, there can be no accountability.'
In the public's interest, I ask Mayor Bronson to do the right thing: release the records immediately."
The Anchorage Assembly filed the case in March 2023, asserting that the memos summarizing the findings of the Administration's internal investigation into the hiring of Mr. Gerace were of public interest and ought to be made public. The Administration claimed that release of the memos was barred by Municipal Code and Mr. Gerace's constitutional right to privacy. The Court rejected those positions.
The Municipality of Anchorage may seek reconsideration of the within 10 days, or may appeal after the Court enters a final judgment.
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Contact:
Christopher Constant | Assembly Chair, christopher.constant@anchorageak.gov