The Kodiak Island Borough Assembly discusses if one of its members has a conflict of interest

Mitch Borden/KMXT

Earlier this year, Kodiak Island Borough Assemblyman Matthew Van Daele was hired to be the City of Kodiak’s deputy city manager. This is causing some assembly members to wonder what borough business Van Daele should take part in.

The assembly asked for a legal opinion from its attorney to see whether there are codes or laws that’d bar Van Daele from working for both municipalities and clarify what the borough considers a conflict of interest.

KMXT reports the legal opinion may have answered some of the assembly’s questions, but there’s still plenty of debate surrounding Van Daele’s employment.

Can Assemblyman Matthew Van Daele serve on the Kodiak Island Borough Assembly while he’s the deputy city manager of Kodiak? Yes. Could his job create situations where he may have a conflict of interest? Also, yes. That’s according to a legal opinion from the borough’s attorney which says the assembly will have to decide on a case by case basis if Van Daele has a conflict of interest on issues.

The borough code defines a conflict of interest as being a substantial direct or indirect financial interest in a topic or decision.

The discussion surrounding Van Daele’s possible conflicts of interest was on full display at a recent assembly regular meeting (Thurs 12/21). Assemblyman Kyle Crow made it clear he thinks Van Daele’s employer is a problem.

“There are many other opportunities for appearances of conflict regardless of the individual’s inner morality or anything like that. It presents a problem for this community to have representatives of the borough who’s also a city official, an officer.”

He tried to exclude Van Daele from voting on approving the creation of a master plan for the parcel of land known as Killarney Hills. The borough Mayor Dan Rohrer didn’t see a conflict of interest and Crow’s effort to overrule the Mayor was unsuccessful. Crow did have enough support from his peers to prevent the Mayor from reappointing Van Daele to the borough’s lands committee though.

Over the course of the assembly meeting, Van Daele grew frustrated by the opposition he faced from his peers. He said his loyalty to the Kodiak people shouldn’t be questioned.

“My final piece that I will say with this debate is that I swore an oath and if people are willing to discount the legitimacy of my oath and my word then so be it. There’s nothing more I can besides that.”

Van Daele voluntarily recused himself from a vote to approve an agreement with the city earlier in the meeting. But that didn’t calm the debate over whether he could act fairly as an employee of the city serving on the assembly.

Assemblywoman Rebecca Skinner pointed out that Assemblyman Crow wasn’t the only person worried by Van Daele’s working for the city.

“This isn’t specific to assemblymember Crow. In the community, there are people that have concerns.”

The Assembly voted 4 to 2 to reject Mayor Rohrer’s appointments to the lands committee. Which means both Van Daele and Assemblywoman Julie Kavanaugh are ineligible to serve on the committee unless the assembly votes to reinstate them.

At the end of the meeting, during citizen comments, Jeff Stewart stood up to voice his dismay at the treatment of Van Daele.

“As far as I’m concerned, what Mr. Van Daele is is an elected official. I voted for him, just as I voted for other members of the assembly and I expect them to be allowed to speak.”

Stewart was not alone in his frustration with the assembly. Multiple people stood up to voice similar opinions.

The assembly agreed to postpone voting on whether it’ll approve all of the Mayor’s assembly member committee appointments. That will give Mayor Rohrer time to shuffle around assembly members to fill the current vacancies in the lands committee.