The Sitka Police Department is under scrutiny in the Sitka District Court again, this time over allegations that the Chief of Police retaliated against a local taxi company. In September, a Sitka Superior Court judge found that by creating new rules for taxis, the police chief violated the separation of powers. But the city argues that the court’s interpretation of municipal law is incorrect.
James Davis is a founder of the Northern Justice Project, an Anchorage civil rights law firm. He’s representing a local business, Baranof Taxi, in its case against the city. In 2021, owners Tad and Missy Lara complained to the assembly that the taxi ordinances were out of date and the rates hadn’t been increased in a long time. Davis says Tad then complained to Sitka Police Chief Robert Baty directly. Shortly thereafter, Baty issued a list of new rules for the taxi cab companies.
“And in particular for the Laras, they were running taxis and tours, I think some of the greatest number of tours in the city,” Davis said. “Chief Baty’s new rules basically shut them down, or told them they had to buy new vehicles that they wanted to keep doing it.”
Davis says his firm reached out to the assembly and the municipal attorney at the time calling for them to withdraw the police chief’s taxi orders or pass them at the assembly table. Davis said his client would follow the law, but the law wasn’t made up by the police chief. He says the municipal attorney responded, telling him Chief Baty’s actions and interpretation of the code were appropriate. So they filed suit against the city.
“We told the judge, ‘Listen, Judge, the chief is making up the laws. A chief of police cannot make up the laws, he simply enforces the laws, and you should rule in our favor saying he’s making up the laws,” Davis said. “A Chief of Police doesn’t have the authority to make up the laws, only the assembly does. And when the Chief of Police makes up the laws, and especially when it’s punitive or retaliatory, maybe the Chief of Police has to pay money damages to the business that he’s retaliating against.”
Superior Court Judge Amanda Browning ruled in favor of the plaintiffs, stating in her summary judgment that Baty’s interpretation of city code was unenforceable, and a “violation of the separation of powers.” Browning said that the Lara’s were not required by city code to stop conducting tours or use separate vehicles.
Read Browning’s partial summary judgment here
On September 30, the city filed a motion for reconsideration, arguing that the judge misconceived the law due to a misunderstanding of municipal law under Alaska Home Rule and Alaska Statute. The “separation of powers” does not apply to municipal governments, they argue. The police chief’s interpretation of code is the city’s interpretation of code, and the police chief is an administrative “policy maker” who serves the assembly.
Read the city’s full motion for reconsideration here
KCAW reached out to the city for comment on the case. In a statement, Municipal Administrator John Leach wrote “At this stage, it is premature to publicly discuss the case as though a final judgment has been reached, as the judge has not yet issued a response to our motion for reconsideration. The CBS will continue to rigorously defend our position on the merits of the case, appealing as appropriate, and uphold our authority under Alaska Home Rule.”
Davis says the jury in the upcoming trial will consider whether Baty acted in bad faith and is financially culpable.
“Should he now be forced to pay the laws for making up the laws? Was this done for malicious or retaliatory reasons? If so, then he has to pay,” Davis said.
The Northern Justice Project has represented several plaintiffs in cases against the city, mostly former Sitka Police officers in harassment and workplace discrimination cases.
The case is set to go to trial in November.
