The City of Unalaska’s attorney has pinpointed which section of city code backed up the recall allegation against Mayor Frank Kelty.
Brooks Chandler declined KUCB’s request for an interview on the subject. But he has clarified that City Clerk Marjie Veeder used Unalaska Municipal Code 7.08.040 to approve the charge: “Attempting to sole-source land use agreements for the Unalaska Marine Center positions 5-7.”
In an email to KUCB, Chandler wrote: "UMC 7.08.040 states '[u]nless otherwise provided in this chapter, the city shall dispose of any interest in real property no longer required for municipal purposes through public biddings.'" (Emphasis was added by Chandler.)
That means the city can’t lease dock space without opening a public bidding process, unless the City Council passes a resolution. Because there is no such resolution, Veeder said the sole-sourcing charge is sufficient.
“The Unalaska Marine Center is a public asset," said Veeder. "We are not allowed to sole-source. Meaning, [we are not allowed to] not issue a request for proposals and give companies equal opportunities to submit a proposal for how that asset will be used.”
Recall sponsors originally submitted four charges of misconduct, but Veeder determined that only one was sufficient under state law and city code.
When asked by KUCB in December, Veeder was unable to specify the section of city code that she used when declaring the allegation was grounds for a recall election.
