State law on disclosing names of applicants for top jobs should remain as it is

The Alaska Permanent Fund trustees want state law changed to allow them to keep the names of applicants secret when hiring the executive director or the chief investment officer.

The proposal is part of the strategic plan now out for public comment. Comments are due by February 2.

The trustees say secrecy of this information is a way to “improve corporate functionality.” That amorphous term can mean anything you want it to mean.

The executive director’s position and the chief investment officer’s job are not open now, so this does not relate to a current recruitment effort.

The six trustees claim that some qualified people who might want to be the executive director or chief financial officer would refuse to apply because of the chance that their names would be disclosed.

That is probably true, but classifying the names of all applicants for executive director and chief financial officer as confidential is not in the public interest.

The fund trustees also say they need a change in state law to allow them to interview finalists for the top job at the corporation in executive session.

The trustees are appointed by the governor, with no legislative confirmation, which is one of the weaknesses in the Permanent Fund structure.

I have asked the fund managers for details on what law or court decision prohibits interviewing finalists for executive director in executive session. They have yet to provide that information.

It is clear that the names of applicants for top state jobs are public information under the City of Kenai vs. Kenai Peninsula Newspapers Supreme Court decision of 1982.

“There is a strong public interest in disclosure of the affairs of government generally, and in an open selection process for high public officials in particular,” the court ruled.

There is a real value in conducting some interviews with finalists for executive director in the open, so that the public has an understanding of the candidates for one of the most important jobs in state government. I can see how certain topics might be better dealt with in executive session, such as salary, but the public should be able to hear applicants talk about how they would approach the job.

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