City of Kotzebue v. State, Department of Corrections

166 P.3d 37, 2007 Alas. LEXIS 98, 2007 WL 2460071
CourtAlaska Supreme Court
DecidedAugust 31, 2007
DocketS-12149
StatusPublished
Cited by4 cases

This text of 166 P.3d 37 (City of Kotzebue v. State, Department of Corrections) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Kotzebue v. State, Department of Corrections, 166 P.3d 37, 2007 Alas. LEXIS 98, 2007 WL 2460071 (Ala. 2007).

Opinion

OPINION

BRYNER, Justice.

I. INTRODUCTION

For a number of years, the City of Kotze-bue operated the Kotzebue Regional Jail under a contract with the state. After being rebuffed by the state in its efforts to increase funding under the contract, the city opted to let the contract expire and then sued the state to recover the cost of operating the jail and transporting prisoners to court for arraignment. The main issue here is whether the Alaska departments of corrections and public safety owed a continuing duty to house and transport prisoners held in the Kotzebue jail after the contract expired. In all but one minor respect, we affirm the superior court's ruling on summary judgment that the state's duty to provide housing ceased when the contract expired but that it owed a continuing duty to transport prisoners to court.

II. FACTS AND PROCEEDINGS

The operative facts are not in dispute. The department of corrections has administered Alaska's community jails program since fiscal year 1995. Community jails are local facilities used to hold prisoners for short periods of time between arrest and arraignment; during trials and while serving short sentences; pending transfer to larger correctional facilities; and when awaiting commitment for mental health and alcohol treatment. Built in 1988, the Kotzebue Regional Jail was operated by the city of Kotzebue under contract with the state as part of its community jail program for many years; the jail serves an area of approximately 85,000 square miles in the northwest region of Alaska.

In the years leading up to 2008, Kotzebue became convinced that its contract with the state was not fully covering the cost of operating the jail, thus forcing the city to subsidize the facility even though it housed prisoners charged with violating state laws. On June 6, 2003, after being denied additional funding, the city informed the department that it did not expect to renew the contract, that it planned to close the jail when the contract expired at the end of the month, and that its city council was in the process of adopting a resolution to that effect.

In response, on June 18, 2008, Commissioner of Corrections Mare S. Antrim advised Kotzebue City Manager Herman Reich that if the city executed the resolution closing the jail, it would have to "make arrangements to deliver offenders to a Department of Corree-tions facility." The nearest facility was in Nome, which is not connected to Kotzebue by road. Antrim further stated that, in his view, the department was "not responsible for an offender at the time of arrest" and was not obligated to take custody of a prisoner until a booking officer at a state correctional facility signed a remand slip accepting custody. Reich answered Antrim on June 24, challenging his understanding of state law. *39 According to Reich, under applicable law, "responsibility for pre-arraignment and post-arraignment transportation of state-charged prisoners lies with the Department of Corrections and the Department of Public Safety."

Meanwhile, on June 19, 2003, the Kotzebue City Council had passed a resolution prohibiting Reich from renewing the jail's contract and directing him to close the jail at midnight June 80, 2003, unless the state provided "full funding" for the next fiscal year beginning July 1. At midnight on June 30 the city closed the jail. No prisoners were being held there at the time.

In the early morning hours of July 2, 2003, the Kotzebue Police Department arrested an individual for a violation of state law. The Alaska State Troopers, a division of the department of public safety, refused to take custody of the prisoner, taking the position that their obligations toward prisoners did not begin until after arraignment. The troopers' refusal foreed the city to re-open the jail on a limited basis.

In the ensuing two weeks, further discussions between the city and the department evidently took place. On July 17 City Attorney Joseph Evans spoke with Commissioner Antrim at a city council meeting. The next day Evans faxed a letter to Antrim to confirm that "[the City Council has reaffirmed its decision ... that the City of Kotzebue cannot and will not sign a [fiscal year 2004] contract for $589,000.00 to operate the Kotze-bue Regional Jail." Insisting that the city's interpretation of state law was well grounded, Evans implored the departments of corrections and public safety to re-examine their positions declining to take responsibility for state-charged prisoners from arrest to arraignment. On the same day, the department of corrections' Deputy Director of Institutions, Mike Addington, sent a letter to City Manager Reich reaffirming that the department lacked "the resources to provide the City of Kotzebue with the additional funds to run the jail."

In a reply sent by fax on July 22, Reich challenged the department's decision to deny funding as "legally incorrect, politically inappropriate" and predicted that it would "most assuredly require the City to seek judicial redress." On the same day, City Attorney Evans signed the city's superior court complaint against the state. The complaint sought an order declaring the departments of corrections and public safety to be responsible for housing and transporting unarraigned prisoners arrested by the city, enjoining the departments to take custody of and transport such prisoners, and reimbursing the city for any costs and expenses it incurred in providing transportation or in operating the jail.

The parties' positions remained unchanged until October 10, 20083, when state troopers in Kotzebue abruptly changed course and resumed transporting prisoners from the jail to the Kotzebue courthouse for arraignment. Troopers in Kotzebue also began using temporary holding cells, or "cages," to house post-arraignment prisoners and prisoners awaiting arraignment who had been arrested by state troopers. The holding cells were managed exclusively by the department of public safety and were intended to hold prisoners for only a few hours until they could be transported to correctional facilities in Nome.

Monthly reports of activity at the Kotze-bue Regional Jail for the period from July 2008 to October 2004 show that state-charged prisoners continued to be housed at the Kot-zebue jail until their arraignments. Monthly arrest totals ranged from a low of seventeen in March 2004 to a high of fifty-two in September 2004. 1

The state and city both moved for summary judgment. On August 80, 2004, Superior Court Judge Michael I. Jeffery granted summary judgment in favor of the city on the prisoner-custody issue, ruling that the department of corrections had a statutory duty to care for prisoners before their arraignment in locations where a state correctional facility existed. In the court's view, the "cages" maintained by the state in Kotzebue qualified as a correctional facility because the state accepted custody and held prisoners in the cages. The court reasoned that although the city had no viable claim for housing *40 expenses during the period between the jail's initial closure and the opening of the cages, it was entitled to reimbursement of its jail costs after the cages opened.

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166 P.3d 37, 2007 Alas. LEXIS 98, 2007 WL 2460071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-kotzebue-v-state-department-of-corrections-alaska-2007.