Dunleavy's spite appointment of Babcock to UA Board of Regents violates state law
Temporary University of Alaska Regent Tuckerman Babcock doesn’t belong on the UA Board of Regents, not even until the Legislature has the chance to officially reject his appointment by Gov. Mike Dunleavy.
Dunleavy violated state law by failing to appoint a replacement for Bethany Marcum, who was rejected by the Legislature, within the three-day period required by state law. The Alaska Landmine posted the relevant statute on Twitter Thursday night.
Perhaps Dunleavy thought that no one would notice that the appointment he announced this week of Babcock was illegal? Perhaps Dunleavy figured that the law didn’t matter because there would be no consequences for violating it?
Either way, Babcock doesn’t belong on the regents.
Under the plain language of AS 14.40.150, Dunleavy was required to name a replacement for Marcum by May 12, which was during the legislative session. That would have given legislators a chance to vote to confirm or reject Babcock.
Legislators were denied that vote because Dunleavy violated state law. And the public was denied the chance for legislative hearings to review Babcock’s record because Dunleavy violated state law.
Dunleavy had plenty of time to get Babcock’s name before the Legislature, as Babcock was chosen months ago as Marcum’s backup.
On March 22, the Alaska Landmine reported that a governor’s office source said that Babcock would be appointed to the regents if the Legislature rejected Marcum. I read this at the time as a threat, roughly translated to mean—”If you don’t like Marcum, I’ll send you someone you’ll like even less.”
Seven weeks after Dunleavy floated the Babcock balloon, Marcum was defeated 31-29.
If and when Babcock faces a confirmation vote, he will be met with greater opposition, based on his strident partisanship, his orchestration of the 2019 Dunleavy budget attack on the university, the Dunleavy loyalty pledge fiasco, the failure by Dunleavy to engage in a real regent search process and Babcock’s minimal knowledge of the university. The illegal appointment of Babcock to the regents this week will also increase legislative opposition.
The law about how to fill an “interim vacancy” on the regents, one that takes place between sessions, says that the temporary appointment ends five days into the next session. But Dunleavy did not meet the legal requirements for an “interim vacancy” and the Babcock appointment should be withdrawn.
The Dunleavy administration claims that Babcock’s appointment is until Feb. 6, 2031, but that is not legal under the provisions for filling an “interim vacancy.”
“Picking Tuckerman is Dunleavy’s way of punishing the AKLeg for rejecting Bethany Marcum,” Sen. Forrest Dunbar wrote this week on Twitter. “He told people as much beforehand. But we rejected her anyway because she was an unacceptable candidate.”
The question now is: Who will enforce the state law?
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State law required Gov. Mike Dunleavy to appoint a UA regent to replace Bethany Marcum, rejected May 9, by May 12. He didn’t do that, waiting until this week to name Tuckerman Babcock. Dunleavy wants Babcock to be considered an “interim” appointment, but the law does not allow that. Dunleavy circulated his substitute Babcock plan months ago.