Pebble mine opponent Gillam faces probe over plane rides
Alex DeMarban |
Dec 02, 2011
Editor's note: This story was first published Nov. 17, 2011. Anti-Pebble mine billionaire Bob Gillam's aviation firm violated state law by flying at sharply reduced rates two campaigning Lake and Peninsula Borough candidates, alleges a complaint filed by Alaska Public Offices Commission staff. The complaint, filed in July, has touched off a firestorm of accusations involving some of the key figures in the multi-million-dollar battle over proposed development of the region's massive Pebble copper, gold and molybdenum prospect. The staff complaint argues that RBG Bush Planes -- owned by Robert B. Gillam Revocable Trust and bearing the man's initials -- should have charged Nana Kalmakoff and Michelle Pope Ravenmoon commercial charter rates for a pair of multi-day trips. The trips allowed them to barnstorm villages during their successful campaigns to serve on the Lake and Pen Borough Assembly in September 2010. The original complaint zeroes in on the first of the excursions, this one for two days to the villages of Chignik, Levelock, Nondalton and Kokhanok. That trip alone was enough for the aviation company, as well as Kalmakoff and Pope, to violate the law, APOC staff argue. Had they paid for a chartered flight in Southwest Alaska, as they legally should have, they each would have coughed up several thousands dollars, APOC staff contend. Instead, they paid RBG Bush Planes just $306 to pay for their share of the fuel. Companies can endorse candidates through advertising, but they can't legally contribute directly to candidates or their campaigns, including with in-kind contributions, said Paul Dauphinais, APOC's executive director. APOC staff allege the reduced fare was an in-kind contribution. Defense: Gillam family plane can't charge for chartersIn arguments filed before the commission, RBG lawyers with Holmes Weddle and Barcott don't dispute the flights occurred. But they say RBG is not a commercial airline, and the trips did not resemble chartered flights -- in part because the candidates had no control over the airplanes' schedules. Also, the company is not allowed to charge for chartered flights because it's not permitted to do so by the Federal Aviation Administration. Generally, the airline is generally used by Gillam’s family and on business related to his investment firm, McKinley Capital Management, said Art Hackney, a political consultant and spokesman for Gillam. McKinley Capital Management earned about $5 million to manage more than $1 billion of Alaska's investments, including a portion of the Permanent Fund. The airplane rides -- in a Piper Navajo and a DeHavilland Beaver -- began at the invitation of George Jacko, a former state legislator paid by Gillam at the time to "educate villagers" about the dangers a mine poses to the world’s most valuable wild salmon fishery. Jacko was already planning to fly to the villages. He regularly flew around the Bristol Bay region in RBG planes doing "community outreach" not intended to influence any election, he says in an affidavit filed before the commission. Jacko let the two candidates know about the trip and said they could fly with him, he testified in the affidavit. The candidates had no control over the trip, and he was not involved in their campaign activities. "They went their way, and I went mine," Jacko said, noting that he understands the candidates campaigned door to door in the villages. Lawyers representing RBG Bush Plane argue that the candidates were charged what they should have been -- the cost of their share of the fuel. That's based on a past APOC decision, they say. They liken the situation to a hitchhiker on the Alaska road system. "Therefore, 'hitching a ride' on someone's plane that is already flying for other purposes is akin to getting a lift from Anchorage to Fairbanks from someone who is already going that way. Under such circumstances, the hitch-hiker would only be expected to pay the cost of gas," they argued in a response. APOC statutes and regulations provide little guidance on how flight costs should be allocated in these circumstances, said attorney Timothy McKeever with Holmes Weddle and Barcott.
by wager with the wind | December 4, 2011 - 9:27am
A crony is a pal. Truman had his Kansas City Machine. Alaska has the Permanent Political Class. Some remedies are to be found in the last chapter to the new book Throw Them All Out, How Politicians and Their Friends Get Rich off Insider Stock Tips, Land Deals, and Cronyism That would Send the Rest of us to Jail. Peter Schweizer (2011). Lets start by making Congress and the Legislature subject to the same laws that apply to everyone else. Make them subject to the Freedom of Information Act, make them disclose all stock and land transactions on line within 48 hours, make trading of non public government information illegal, make it illegal to trade stock of companies subject to the committee on which the member sits, give Congressional staff whistleblower status, ban sweetheart IPO participation by members of Congress, apply conflict of interest laws to the White House and allow them to only own mutual funds, ban campaign contributions when Congress is in session, ban loans and grants backed by taxpayers. On the last point, a whole bunch of government profiteers would be out of business if the Denali Commission was dissolved. No more fat lobbying fees for getting loans to villages from tax payer money obtained by Murkowski, Begich, or Young.
by nate rino | December 3, 2011 - 11:01am
Lie and Lie, again !! Gilliam needs to stay out of local stuff, he doesn't live here
by Oldhaines | December 2, 2011 - 11:30pm
Is that this Jacko? I wonder if Mr Gillam knows that most people think that you are known by the company you keep?
by Ratfishtim | November 19, 2011 - 12:47am
And besides, the Supreme Court said there couldn't be any restrictions on corporate contributions to candidates. If it's good enough for the goose it's good enough for the gander.
by AKgasman | November 18, 2011 - 1:30pm
I skim it and I did not see where the price charged was listed nor the plane used until then all Alex has got is BS story. As a pilot the FAA prohibits a non commercial pilot or plane from collecting more than costs. State law or rules cannot obviate Federal laws or rules. It appears to be another tempest in tea pot.
by SPECKLEFOOT | November 18, 2011 - 11:00am
Nobody can know what the campaign law is, until APOC interprets it, which comes AFTER the supposed infraction. That is what is wrong with our legal system in general. We have a culture of lawyers living among us, like mold, and it is their constant delight to reinvent and redefine and add additional meanings to such common words as "not" and "shall" and "state" and "contribution". The dear boys at APOC once told me that I couldn't author a book and sell it, because it might alter the outcome of a political campaign. True story. It wasn't until I threatened them with the First Amendment and sounded like I knew my stuff that they relented and figured out that maybe it wasn't within the purview of their agency to interfere.
by eriv | November 17, 2011 - 10:49pm
It's okay because the cause is righteous but imagine the reaction if Anglo was using its corporate aircraft to win the election.
by Oldhaines | November 17, 2011 - 9:51pm
Is that this Jacko? Judge to Jacko: Get help or go to jail HOMER - Former state Sen. George Jacko must choose between a rehabilitation program or jail to curb what a judge called a pattern of ``sexually predatory'' acts. ``Mr. Jacko is in denial, a classic case of denial,'' Superior Court Judge Jonathan Link said at Jacko's sentencing hearing Friday. Jacko, 38, also was barred from unsupervised contact with girls under 18 during his five-year probation. Jacko, a former Pedro Bay Democrat, argued he was a victim of political and personal enemies. |













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