This story was originally published in Reporting From Alaska.
Gov. Mike Dunleavy tried to reward Anchorage Rep. Tom McKay, one of his political allies, with a state job that would give him a fatter paycheck.
Dunleavy appointed McKay to the Alaska Oil and Gas Conservation Commission to replace Brett Huber, who had been rewarded with the state job on January 9, 2023 and departed during the summer.
“I have been appointed by the Governor to serve as a Commissioner on the Alaska Oil and Gas Conservation Commission, effective October 5, 2024,” McKay proudly wrote to House Speaker Cathy Tilton on October 4, 2024.
He announced his immediate resignation from the Legislature, “as I am not allowed to serve in both positions simultaneously.”
He is now former Rep. Tom McKay, though the House Speaker claims otherwise.
McKay would stop collecting his legislative paycheck that day and begin collecting his bigger AOGCC paycheck on October 5.
But Dunleavy and McKay failed to consider the Alaska Constitution, specifically the clear rule laid out in Article 2, Section 5. It is known as the Ineligibility Clause.
“During the term for which elected and for one year thereafter, no legislator may be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while he was a member.”
Dunleavy ignored the Constitution in 2020 when he rewarded Tammie Wilson with a state job he created just for her, a position she continues to hold from which she complains about government spending.
Perhaps Dunleavy and McKay really didn’t know that they were violating a principle that is common knowledge among competent state officials. Or maybe they thought no one would call them on it.
But the pay for members of the AOGCC was increased in July, according to the AOGCC, meaning that it was unconstitutional for Dunleavy to appoint McKay. And unconstitutional for McKay to accept the new job.
McKay spent his time in the Legislature carping about fiscal stability, responsible spending, critical race theory and promising prosperity.
After McKay resigned from the Legislature, however, someone decided that it was unconstitutional to give him the job.
McKay, who had campaigned for the Legislature by claiming, “My values and principles will never be for sale,” asked House Speaker Tilton to pretend that he had not resigned immediately.
State law forbids a member who resigns immediately, as McKay did, from withdrawing that resignation. The law is clear that the resignation can be withdrawn only before it becomes effective.
But Tilton told a reporter from the Alaska Beacon that she was going to make an exception in McKay’s case and pretend that he didn’t resign. She is breaking the law.
“Tom did do a letter of resignation, but . . . within an hour, he rescinded that, so it wasn’t accepted,” said Tilton, a Wasilla Republican.
Her acceptance or rejection is not what made his resignation take place. It was McKay’s delivery of the letter that did it and his decision to announce his immediate departure.
McKay should not be drawing his state paycheck as a legislator for the next few months.
Under state law he is no longer a legislator, regardless of Tilton’s claims. She and he are hoping that no one will challenge this in court.
Former Rep. McKay, who says he still needs a job, has been running for the Legislature this year and had hoped to return to Juneau as a senator in 2025.
But he finished a distant second in the primary to Sen. Matt Claman, with only 21 percent of the vote. He dropped out and began his search for a new state job.
“Alaska is not an easy place to live if you’re not making a decent living,” he told the Alaska Beacon.
Dermot Cole has worked as a newspaper reporter, columnist and author in Alaska for more than 40 years. Support his work here.
