Whittier council will discuss culvert lawsuit in closed session before Nov. 17 meeting

The Whittier City Council agreed without objection Tuesday to discuss the city's culvert lawsuit against property owner Eric Fleming in a closed session at a special meeting just before its Nov. 17 regular meeting.

Tom Wagner, whom the council elected mayor earlier that evening, said he would move to take up Fleming's case in executive session. City Clerk Shelby Carlson said the city's attorneys suggested a special meeting so the attorney working on the case, who is in Washington, D.C., could join.

During public comment, Fleming accused City Manager Jackie Wilde of keeping case details from the council. He said the dispute has run 21 months and cost more than $100,000 in public money, and that it "could have been avoided with a simple phone call." Citing Alaska's rules of professional conduct for lawyers, he argued that the city attorney represents the council, not the city manager, and cannot claim attorney-client privilege against council members. He asked the council to demand full access to the legal files.

The city sued Fleming in September 2024 over a culvert he installed in a city drainage easement without a permit, according to a memo from the city's attorneys read at an Oct. 13 special meeting. The court ruled for the city in August 2025, finding that the culvert and a drive violated a city code requiring a permit for significant projects. The memo said the city sought no fines, only an order that Fleming comply with the code and part of its legal costs. It said Fleming has since filed at least seven motions asking the court to reconsider, all denied, and filed a notice of appeal to the Alaska Supreme Court in April.

The memo also said the public works director told Fleming by phone in August 2024 not to install the culvert without a permit, and that Fleming then told the public safety director he would continue anyway. It said legal analysis and strategy are confidential under attorney-client privilege.

On Tuesday, Carlson read into the record a Fleming letter disputing that account. The letter said the director never discussed the city's culvert standards and told Fleming to get the permit paperwork from the city office, where Fleming left a note and got no response. It said the director was not in Alaska at the time.

"It's clear by the discussion in the meeting that the city attorney has been withholding from sharing information over what she has no legal authority to withhold from council," the letter said.

At the Oct. 13 meeting, the council met behind closed doors on whether to fire Wilde and took no action. Fleming was among the few speakers that night who criticized her.