LUTHERAN QUILTERS – Members of the Quilts for Comfort Group stand between pews draped with some of the 205 quilts they made, in the Sitka Lutheran Church Tuesday. The group made the quilts for five local non-profits and one in Anchorage. The remaining quilts are sent to Lutheran World Relief which  distributes them to places around the world in need, such as Ukraine, as part of Personal Care Kits. Pictured are, from left, Helen Cunningham, Kathleen Brandt,Vicki Swanson, Paulla Hardy, Kim Hunter, Linda Swanson and Sue Fleming.  (Sentinel Photo by James Poulson)

State's Transportation Plan Gets Federal OK
28 Mar 2024 15:06

By JAMES BROOKS
Alaska Beacon
    Federal officials on Wednesday approved most of Alaska’s four-y [ ... ]

New Funding Plan Ahead for Visit Sitka?
28 Mar 2024 15:02

By SHANNON HAUGLAND
Sentinel Staff Writer
    At an hour-long work session with the Assembly Tuesda [ ... ]

Sitka 'Frankenstein' Puts Classic Tale in New Ligh...
28 Mar 2024 15:01

By GARLAND KENNEDY
Sentinel Sports Editor
    The story behind a classic, though often misunderstoo [ ... ]

State May Los Millions Over Ed Dept. Missteps
28 Mar 2024 14:59

By CLAIRE STREMPLE
Alaska Beacon
    The state government risks losing millions of dollars in feder [ ... ]

Gov Signs Bill On Internet In State Schools
28 Mar 2024 14:57

By JAMES BROOKS
Alaska Beacon
    Alaska Gov. Mike Dunleavy on Wednesday signed a bill that promise [ ... ]

Capitol Christmas Tree to Come from Tongass
28 Mar 2024 14:56

By YERETH ROSEN
Alaska Beacon
    Alaska’s Tongass National Forest, known for its steep mountains [ ... ]

City League Games Thursday
28 Mar 2024 14:52

By Sentinel Staff
    Playing Wednesday in competitive division City League volleyball matches, Ca [ ... ]

March 28, 2024, Police Blotter
28 Mar 2024 14:50

Police Blotter
Sitka police received the following calls by 8 a.m. today:
March 27
At 2:36 p.m. a dead  [ ... ]

March 28, 2024, Community Happenings
28 Mar 2024 14:48

This Week in Girls on the Run By Sitkans Against Family Violence
and The Pathways Coalition
During th [ ... ]

New RFP Sought For Managing PAC
27 Mar 2024 14:48

By GARLAND KENNEDY
Sentinel Staff Writer
    The future of management and operations at the Perform [ ... ]

Seiners Get Second Day with 2 Areas to Fish
27 Mar 2024 14:46

By Sentinel Staff
    The Sitka Sound commercial herring sac roe fishery continued today with open [ ... ]

Braves Take Second in Last Minute Upset
27 Mar 2024 12:41

By GARLAND KENNEDY
Sentinel Sports Editor
    After storming into the state 3A boys basketball brac [ ... ]

Tuesday City League Volleyball
27 Mar 2024 12:39

By Sentinel Staff
    The Queen Bees’ spotless season record ended Tuesday night with a 2-1 loss [ ... ]

Kodiak Alutiiq Museum Getting New Attention
27 Mar 2024 12:37

By SHIRLEY SNEVE
Indian Country Today
    A major renovation at an Alaska museum to attract tourist [ ... ]

House Hearing on Inmate Deaths Halted
27 Mar 2024 12:35

By CLAIRE STREMPLE
Alaska Beacon
    A presentation about a jump in the number of inmate deaths in  [ ... ]

Nominee to Bering Sea Council: Not a Trawler
27 Mar 2024 12:34

By NATHANIEL HERZ
Northern Journal
    Tribal and environmental advocates calling for a crackdown o [ ... ]

March 27, 2024, Police Blotter
27 Mar 2024 12:26

Police Blotter
Sitka police received the following calls by 8 a.m. today:
March 26
At 2:10 p.m. a man e [ ... ]

March 27, 2024, Community Happenings
27 Mar 2024 12:25

Big Rigs Sought
For April 13
The 3 to 5 Preschool’s spring fundraiser and Big Rig event is happening [ ... ]

Reassessments Raise Tax Bills for Sitkans
26 Mar 2024 15:22

By SHANNON HAUGLAND
Sentinel Staff Writer
    The city’s reassessment of taxable real estate, alo [ ... ]

Two Areas Opened in Herring Fishery Today
26 Mar 2024 15:21

By Sentinel Staff
The third opening in this year’s Sitka Sound sac roe herring fishery was held Mon [ ... ]

Lady Wolves Rally to Take Fourth at State
26 Mar 2024 15:16

By GARLAND KENNEDY
Sentinel Sports Editor
    Sitka High’s Lady Wolves bounced back from an openi [ ... ]

Edgecumbe Girls Close Out Season Up North
26 Mar 2024 14:58

By GARLAND KENNEDY
Sentinel ports Editor
    Competing in the state 3A basketball tournament in Anc [ ... ]

City League Monday
26 Mar 2024 14:55

By Sentinel Staff
    Playing in a competitive division City League volleyball game Monday evening [ ... ]

House Votes to Broaden Rules For Review Panel Memb...
26 Mar 2024 14:52

By JAMES BROOKS
Alaska Beacon
    A bill that passed the Alaska House of Representatives on Monday  [ ... ]

Other Articles

Daily Sitka Sentinel

Judge Rules for City In Dock Bid Lawsuit

By Sentinel Staff
    A judge has ruled in favor of the City and Borough of Sitka in a lawsuit filed by former mayor Marko Dapcevich, who challenged the process by which the city awarded the contract to build a dock at Gary Paxton Industrial Park.
    In his Jan. 9 decision, Superior Court Judge Trevor Stevens granted the city’s motion for summary judgment, ruling that the city’s bid award on the dock did comply with the city charter’s competitive bid requirement.
    “It’s very good news,” City Attorney Brian Hanson said Wednesday.
    Stevens’ ruling was filed late Tuesday in Ketchikan, and Hanson said he first saw it Wednesday morning.
     “It was a favorable ruling in every respect,” Hanson said, summing up the judge’s decision.
     “We followed the code properly. It was OK the way our proposals went out and were ultimately awarded – our contracting methodology followed a code that was in compliance with the charter.”
    He also hailed the judge’s finding that the mayor and the administrator had immunity from personal liability in the performance of their official duties.
    Dapcevich’s suit arose from the city’s Nov. 22, 2016, award of a $6.8 million design-build contract to Turnagain Marine Construction Co. for a multi-use dock at the industrial park. The final contract was negotiated with Turnagain, which had been determined by city officials to be “the best apparent value proposer” among the three finalists in city’s call for design-build bids on the dock.
    On Jan. 20, 2017, Dapcevich sent a letter to the city demanding that the city cancel the Turnagain contract and readverise the project for award in compliance with the competitive bidding requirement in the city charter. The Assembly did not act on his demand, and he filed suit against the city on March 30. He claimed that the “design-build” approach is not consistent with the charter’s competitive bid requirement for major projects.
    On April 18 he amended his suit to add City Administrator Mark Gorman and Mayor Matt Hunter as individual defendants. On May 9 the Assembly passed an ordinance in which the city would defend Hunter and Gorman for actions the two officials took in their official duties.
    In his 69-page ruling on the cross motions for summary judgment, Judge Stevens held that the city had complied with the requirements of the charter and the detailed city ordinances on the award of city contracts, and that the ordinances were not prohibited by the city charter Section 14(a), competitive bidding.
    He stated that “the court finds that the city’s ordinances relating to the use of the design-build alternative contracting method are not prohibited by the charter’s ‘competitive bidding’ requirement as the method involves a public solicitation for proposals, the proposals satisfied the ‘bid’ requirement, the process is competitive, the ‘bid’ review process involves the neutral application of previously noticed appropriate scoring criteria, including price, and the determination of the best value option basically involves the same considerations as are expressly stated in SGC 3.16.070, which are generally recognized criteria.”
    Before concluding that the dock contract was properly awarded, Stevens devoted 11 pages of his written opinion to Dapcevich’s argument that the city administrator and mayor should be held personally liable for all costs to the city related to their alleged failure to abide by the city charter.
    The judge concluded that the officials are protected by “qualified official immunity.”
    “The Alaska Supreme Court has recognized ‘that some form of immunity for public officials is necessary simply to insure that government continues to function,’” he said in his written opinion.
    The qualified official immunity rule developed by the Supreme Court “applies when the public official is alleged to have violated a statute, a constitutional mandate, an ordinance or a charter provision if the act at issue is discretionary, ... the official was acting within the scope of his or her official duties and the act did not violate clearly established law...,” Stevens ruled.
    Dapcevich was represented by Juneau attorney Joe Geldhof, and the city by Anchorage Attorney Michael Gatti.
    Dapcevich will have 30 days to appeal to the Supreme Court or file a motion to reconsider, Hanson said.   
    “We’re going to have to decide whether to file for attorney fees,” he said.

You have no rights to post comments

Login Form

 

20 YEARS AGO

March 2004

Advertisement: Tea-Licious Tea House & Bakery 315 Lincoln Street Grand Opening! Freshly Baked Scones, Cakes & Pastries Innovative Salads, Soups & Sandwiches Harney & Sons Tea. Lunch * Afternoon Tea * Supper.

50 YEARS AGO

March 1974

Photo caption: National Republican Chairman George Bush takes a drink of water offered by Jan Craddick, Sitka delegate, during the Republican convention held here. Mrs. Craddick explained to Bush that the water was from Indian River, which means, according to local legend, that he will return.

Calendar

Local Events

Instagram

Daily Sitka Sentinel on Instagram!

Facebook

Daily Sitka Sentinel on Facebook!