Both sides say the recent decision will help prove their point in court later this fall.
"I don't think it's a key thing. I think that just adds to the weight of our arguments," said Pete Roberts, president of Citizens Concerned About Annexation, the group that along with Alaskans Opposed to Annexation is seeking to recall the city's 2001 annexation of 4.6 square miles.
On the other side, City Manager Walt Wrede too sees the court's ruling as positive, if not inconsequential.
"I think the memos are irrelevant at this point," said Wrede. "The city did not oppose the judge seeing the memos. We think it's a good thing for the judge to see those memos."
Superior Court Justice Mark Rindner, in the third district, resolved Sept. 24 to allow into upcoming superior court proceedings as evidence memos relating to the city's annexation process that have stirred up a bit of controversy.
The memos are correspondences between former City Manager Ron Dratham, various city employees and others that discuss the potential costs and revenues for the city in the event of the 25-square-mile annexation the city initially considered. The Alaska Local Boundary Commission parceled down to 4.6-square-miles before it approved the annexation.
The memos were released to the public in late August after the Alaska Supreme Court affirmed CCAA's claims that the papers could not be withheld under the deliberative process privilege, which is intended to protect the mental processes of government from interference, as Drathman claimed.
"We didn't want the public to get excited because we didn't know what the final result would be," Wrede said, explaining that from the city's point of view the memos detailed information that did not concern the approved annexation.
The court conceded that, although it was unprecedented, the privilege could apply to city government. However, it determined that because the annexation was already completed the public's interest in knowing the information outweighed the city's right to continued confidentiality.
Once Roberts and other members of CCAA and AOA took stock of the newly-revealed information, they petitioned to include the memos as evidence in their case to repeal the annexation.
They argue that the memos substantiate their allegations that the city fudged numbers to get the petition for annexation approved by the Alaska Local Boundary Commission two years ago. The projected costs for a 25-square-mile annexation shouldn't have been accepted by the LBC in application to the smaller parcel without readjustments, Roberts said.
Therefore, Rindner's decision to let the memos play a role in the upcoming annexation reconsideration, is a win as far as CCAA is concerned.
From the beginning, some residents of the to-be annexed areas fought the process. Foremost, they have argued that the city was far too secretive and should have put the matter up for public vote.
It is the principle, they say.
"I think the people should be allowed in the political process," Roberts said, contending it was as much the methods used by the city as it was the annexation itself that angered his group.
The city has stood firmly by its decision.
"We believe in the principle that there is a deliberative process that needs to be protected," Wrede said.
At the time the memos were released by court order, the city issued a statement that said it believed the documents "support the city's case for annexation and they contain no information that would have caused the LBC to make a different decision than it made."
Wrede said he thinks the judge will see this and realize it has no influence over a potential repeal of the annexation.
Roberts disagrees and said he hopes the judge sees hidden in the numbers the same disparities CCAA does. They have until Oct. 15 to submit the documents to the court for consideration.
After that the next step for CCAA is oral arguments scheduled for Oct. 29.
"I don't want to see a bunch of legal battles go on and on, but I do want to see some sort of legal resolution to this thing," Roberts said, adding that he hopes the matter stays in the courts and isn't sent back to the LBC.
"I think the courts should handle it," Roberts said. "The community shouldn't be subjected to the whole thing again."
In the end, Roberts said that although he and CCAA hope to see the annexation repealed on principle, he acknowledges that the 4.6-square-mile parcel will inevitably be part of the city at some point.
The next time around, though, there should be more public input by those living in the affected area.
Carly Bossert can be reached at carly.bossert@homernews.com.
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