APOC denies fast-track review of disclosure complaint against Wilson

The Alaska Public Offices Commission on Thursday declined to fast-track a financial disclosure complaint against candidate Bernadette Wilson, sending it to a normal staff investigation rather than an expedited hearing before the general election.

Commissioner Eric Feige announced the ruling after the commission came out of executive session, saying the request had "failed to meet the applicable standard for expedited consideration." Staff owes a report by Sept. 21. Wilson has until Sept. 25 to answer it, and the complainant until Sept. 28 to respond. A hearing on the merits is to be set by Oct. 8.

The complaint, brought by Joel Borgquist, alleges Wilson did not fully disclose her ownership and role in Denali Disposal. Exhibits drawn from state corporate records show her holding 75 percent of the Anchorage trash-hauling company and listed in three officer roles. She filed the disclosure about four months ago.

Borgquist, representing himself, said he brought it as a concerned citizen and argued speed mattered because early voting is close. "A penalty after the election cannot restore that opportunity," he said, referring to voters' chance to weigh a candidate's finances before casting a ballot.

Wilson's agent, Zach Wallen, argued the disclosure substantially complies and that the real dispute is over what "self-employed" means in state regulation. On his reading it covers only owners who personally solicit customers or personally do the work. "She doesn't drive the trucks around," he said, arguing she is not involved in sales or service either.

Commissioner Dan LaSota pushed back after looking at the exhibit showing Wilson's controlling interest, asking Wallen to explain "why that logic is wrong" given that an ownership interest carries its own requirement to list clients over $1,000. Wallen asked for a recess to find the subsection, then returned to argue the rule applies only to candidates who are both self-employed and hold a controlling interest.

Feige asked Borgquist why he had not come sooner, noting the disclosure had been on file for months. Borgquist said some of the supporting information reached him only recently, and pointed to a separate commission case involving another candidate as precedent. Wallen argued the delay itself cut against expedited treatment, saying information had either gone uninvestigated or been held back.

Wallen said Wilson would not object to a compressed schedule short of an expedited hearing, close to what the commission ended up ordering.

The commission has made no finding on whether Wilson violated disclosure law. Thursday's ruling addressed only whether to hear it on an accelerated timeline.