The Legislative Council on Sept. 10 authorized up to $100,000 in legal services to pursue litigation over the governor’s use of an executive order during a special session to create a Department of Agriculture.

Under a motion by Senator Kiel, the council voted 9-2 to allow legislative counsel to contract for outside legal services not to exceed $100,000 under the authority cited in the motion, "AS 24 20 0 6 0 4 F," and to authorize the chair to direct legislative legal services and outside counsel in the litigation.

Emily Naumann, legislative legal services attorney, told the council the litigation arises from a disagreement between the legislature and the governor over whether the governor may issue an executive order during a special session. "The governor introduced executive order 137, establishing the Department of Agriculture, recently during the special session, and it was returned by the presiding officer to the governor," Naumann said. "The governor is asserting that he will give effect to the executive order because it was not specifically rejected or disapproved by the legislature. Thus causing a conflict in the interpretation of the constitution between the legislature and executive officials."

Members debated the motion before the vote. Representative Kopp said she supports protecting the separation of powers but urged delay unless the administration takes overt action: "I strongly support the separation [of powers] and the legislature obtaining the authority to file suit if necessary ... I would like to see us not initiate this until there's some overt action by the administration that clearly indicates their intent to move laterally on this issue," Kopp said.

Representative Stutes argued the legislature already rejected the proposal and the executive branch was seeking to proceed despite that rejection: "We said no. Don't you understand what no means?" Stutes said, urging authorization to protect the legislature’s prerogatives.

Representative Prox cautioned about creating precedent, warning that a future governor could use the same approach: "We are too focused on a disagreement between this governor and this legislature and not thinking enough about the possibility of prohibiting needed action by some other governor sometime in the future," Prox said.

Representative Schrage and Senator Kiel said they supported immediate authorization to preserve legal options, noting tight timelines and a potential Jan. 1 effective date for the order. Schrage said litigation should remain an option and could be withdrawn if the administration de-escalates. Kiel framed the vote as defending the constitution and the legislature’s role.

Miss Truett called the roll. The vote was: yes — Representative Kerrick, Speaker Edgmon, Representative Shrogy, Representative Stutes, Senator Clayman, Senator Gray Jackson, Senator Kiel, Senator Tobin and Chair Hannon; no — Representative Kopp and Representative Prox. The motion passed 9 yeas, 2 nays.

The council authorized the chair to provide direction to legislative legal services and outside counsel and approved contracting authority up to the stated amount. Chair Hannon then closed council business and adjourned the meeting at 3:32 p.m.