HomeMy WebLinkAboutRes1988-109
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Sponsored by: Gieseler
CITY OF SEWARD, ALASKA
RESOLUTION NO. 88-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, URGING THE LEGISLATURE TO PROVIDE
FUNDING TO MUNICIPALITIES TO OFFSET THE COST OF
COMPLYING WITH THE PROVISIONS OF AS 47.37
WHEREAS, alcohol abuse is purported to be the number
one health problem in the state of Alaska; and
WHEREAS, the Alaska Supreme Court has held that munic-
ipalities have an affirmative duty to take persons incapac-
itated by alcohol in a public place into protective custody
and transport them to an appropriate treatment facility, if
one is available; and
WHEREAS, if a treatment facility is not available, the
municipality must detain incapacitated persons in a state or
municipal detention facility; and
WHEREAS, failure to provide protective custody to
persons incapacitated by alcohol may result in liability for
damages to the intoxicated person when injury results; and
WHEREAS, this increased responsibility and liability
have been imposed on municipalities at a time when there are
decreasing state revenues to fund municipal jail contracts;
and
WHEREAS, treatment facilities and detention facilities
have no real means to enforce the collection of fees from
those who are taken into protective custody; and
WHEREAS, those taken into protective custody often do
not have the resources to pay for medical treatment or
detention; and
WHEREAS, local governments have been forced to assume
the financial burden of providing medical examination,
treatment and protective custody detention as requir~d by AS
47.37; and
WHEREAS, once an incapacitated person is
protective custody, the treatment facility or
facility assumes further liability for the
welfare of that person while detained; and
taken into
detention
safety and
WHEREAS, many standard municipal insurance policies
specifically exclude "custodial care" from coverage; and
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 88-109
WHEREAS, a special alcohol tax would seem to make sense
in that it would place the cost of the problem on the source
of the problem; and
WHEREAS, AS 4.21.010 specifically prohibits municipal-
ities from imposing such a tax; and
WHEREAS, barring this avenue for funding a state-man-
dated responsibility and liability, municipalities must look
to the state for relief from the burden imposed on munic-
ipalities by AS 47.37 and the State Supreme Court;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The Alaska State Legislature is hereby
urged to provide direct funding to municipalities to offset
the cost of complying with the provisions of AS.47.37.
Section 2. The Alaska State Legis lature is further
urged to amend AS 4.21.010 to allow local governments to
impose a special tax on alcohol to fund mandated programs
and procedures to deal with alcohol abuse within local
communities and to fund substance abuse education.
Section 3. This resolution shall take effect immedi-
ately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this 10 day of October , 19 88.
THE CITY OF SEWARD, ALASKA
~1rfrt~OR
AYES:
NOES:
ABSENT:
ABSTAIN:
DUNHAM, GIESELER, HILTON, MEEHAN, NOLL, O'BRIEN & SIMUTIS
NONE
NONE
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 88-109
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward, AK
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(City Seal)
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Fre B. Arvi son
City Attorney
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