Anchorage legislator submitted resignation to get state job, then reversed course

Anchorage Republican Rep. Tom McKay submitted a letter of resignation Friday, a step toward taking a job with the Alaska Oil and Gas Conservation Commission, then reversed himself after being alerted to a possible constitutional conflict that would forbid the move.

McKay, a former ConocoPhillips petroleum engineer with extensive oil and gas experience, is now waiting for a legal determination that will decide whether or not he can become one of three commissioners in charge of the body that regulates oil and gas issues in the state.

McKay said Monday that Gov. Mike Dunleavy was prepared to name him to the commission, filling a seat vacated by the resignation of Brett Huber.

Shortly after McKay resigned to take the position, he was alerted to a possible problem. Article II, Section 5, of the Alaska Constitution says that during their term, “no legislator may be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while he was a member.”

In May, the Legislature voted to pass Senate Bill 259, which increases the pay of select state employees. It wasn’t immediately clear whether that bill would also affect the AOGCC.

If it does, McKay would be ineligible for the job until a year after he leaves the Legislature. If it doesn’t, he could take the job immediately.

“The Department of Law and the governor and staff are aware of this, and so we put a hold on everything. I rescinded my resignation,” McKay said Monday.

In coming years, the AOGCC is expected to play a critical role in the regulation of the state’s new carbon sequestration program, which will involve the injection of carbon dioxide into underground oil and gas reservoirs. The AOGCC also must monitor the North Slope’s aging pipeline infrastructure for corrosion.

“Partisan politics aside, I think I could do a really good job in there with the commission,” he said. “I think I check all the boxes. I think I would be excited about the challenge. And I was really looking forward to it. And then we hit this speed bump.”

A spokesperson for the governor’s office said only that they will make an announcement when an appointment is officially made. The leader of the state House said McKay’s resignation never took effect.

“Tom did do a letter of resignation, but … within an hour, he rescinded that, so it wasn’t accepted,” said Speaker of the House Cathy Tilton, R-Wasilla.

Under state law, a resignation is effective on the date listed in the resignation letter. McKay listed Friday as the date of his resignation, but because it was rescinded that same date, Tilton said, it didn’t take effect.

Had it been valid, McKay’s resignation would have mostly been a matter of procedure; the Legislature is not scheduled to meet before new lawmakers are seated in January, and because of the impending November election, Dunleavy is not permitted to name a temporary replacement.

“There wouldn’t be anybody taking the seat, because it’s too close to an election, unless there were special circumstances, if there was a special session,” Tilton said.

Tilton said she expects attorneys from the Alaska Department of Law and the Legislative Affairs Agency will determine in the next few days whether SB 259 applies to the AOGCC commissioners.

McKay said that if he has to wait a year for the AOGCC position, he’ll likely have to find another job instead. He can’t afford to wait a year.

“Alaska is not an easy place to live if you’re not making a decent living,” he said.