State and borough disagree over who has the power to issue COVID-19 mandates

Mask mandates have become a popular topic of debate as the COVID-19 pandemic wears on, but some boroughs and cities are still unclear as to whether they even have the power to enact a mandate if they wanted to, including the Mat-Su Borough. 

Multiple Alaska municipalities are planning to ask the acting Attorney General for official clarity on mask mandates.

Governor Mike Dunleavy says he believes decisions on mask mandates should be left to local governments.  The question then arose what governments without health powers could do.  Alaska has dozens of second-class cities and seven second-class boroughs, which do not normally have the legal authority to enact health mandates.

Earlier this week, Acting Attorney General Ed Sniffen told reporters that a mask mandate does not fall under health powers, but is granted to municipalities through emergency powers.  He says the state would support a city or borough that chose to create a mask mandate.

That is seemingly not sufficient to convince some of the second-class boroughs.  Mat-Su Borough Attorney Nicholas Spiropoulos says he and multiple other borough attorneys believe that statement is not enough.

“The analysis for second-class boroughs is different than it is for all the other municipalities.  So…while they’re saying they would support municipalities exercising those kinds of powers, that doesn’t mean we legally could.”

Spiropoulos says he intends to sign onto a letter along with other borough attorneys that will request the Department of Law to take an official stance on the issue.

“If there’s something different, then issue a formal opinion, signed, that has the power of persuasive law before the courts rather than simply press statements.”

The Mat-Su does currently require staff and visitors to borough facilities to wear a mask.  Even if borough attorneys get the clarity they want from Acting Attorney General Sniffen, it would still be up to their respective assemblies to decide whether they actually want a mask mandate.