Anchorage Assembly asks court to make municipal attorney comply with subpoena in Eklutna River dispute

The Anchorage Assembly on Wednesday called on the state Superior Court to enforce a subpoena requiring the municipal attorney to produce documents related to a dispute over restoring water to the Eklutna River.to Superior Court a decision by the Regulatory Commission of Alaska that has left the municipality without voting rights over the plan proposed by the Chugach and Matanuska electric associations to return water to the river.

The Assembly asked the court to enforce the subpoena, asked that Helzer be held in contempt of court for refusing to comply, and that she be ordered to “,” or justify why she shouldn’t be punished for refusing to produce the documents. The complaint calls for the court to impose a “reasonable punishment,” including referring Helzer’s conduct to the Alaska Bar Association or holding her personally liable for civil fines and attorney fees.

Helzer last week told Assembly members that they can’t have copies of the documents without first signing a confidentiality agreement. One major reason Constant issued the subpoena is that recently, Helzer did not allow an Assembly member to view the document with just Assembly attorneys present. Rather, she required that a municipal attorney remain in the room, according to the Assembly’s complaint.to the Assembly earlier this month Helzer accused an Assembly leader of “disrespectful and unprofessional behavior” during a meeting in the city attorney’s office to view confidential legal documents.

Source: Law Daily Report (lawdailyreport.net)

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