Our view: Therriault should go

In both cases, the governor got around that provision with semantic technicalities -- hiring legislators for jobs that don't "exist" until after the lawmakers resigned. As we've said before, this is nonsense at best, contempt for the constitution at worst.

Yes, the governor had legal opinions that said he could do what he did. But Dan Sullivan, his own attorney general, took a longer look after critics like radio talk-show host Dan Fagan began criticizing the appointments. That led to a second, more carefully considered opinion, which found an "appreciable risk" that a court would find a violation of the law in the Dahlstrom appointment.

The Therriault appointment was done the same way.

Therriault has said he has no intention to resign. Gov. Parnell has dug in his heels, saying he acted in good faith and with precedent and will not ask Therriault to leave.

Yes, the governor had precedent and legal advice. Bad precedent. Bad legal advice. This wink-and-nudge play of pretending the job doesn't exist until the lawmaker has resigned has happened before. That doesn't make it right. And how much legal opinion do you need to figure out the meaning of this provision of the Alaska Constitution:

"During the term for which elected and for one year thereafter, 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."

You don't have to be the state's attorney general to see there's an "appreciable risk" that a court would rule the appointments illegal. We'd hope the court would do so.

The governor has latitude, within the budget and law, to create jobs in his administration. He does not have the latitude to use a ploy to get around the constitution to appoint sitting legislators to those positions.

It's an election year, so Gov. Parnell's opponents are making a political issue of these appointments. Fair enough. But the real issue isn't politics. The issue is respect for the spirit of the law. Gov. Parnell should recognize that and make clear there won't be any more of these appointments.

Nancy Dahlstrom recognized that and resigned. So should Gene Therriault.

BOTTOM LINE: Gene Therriault should do the right thing -- resign.