McClatchy-Tribune ANCHORAGE, Alaska -- A legislative investigation in Alaska has concluded that Gov. Sarah Palin abused her power in pushing for the firing of an Alaska state trooper who was once married to her sister, or by failing to prevent her husband Todd from doing so.
The report by investigator Steve Branchflower was made public late Friday afternoon by a bipartisan 12-0 vote of the Legislative Council, which authorized the investigation.
Branchflower's report contains four findings. The first concludes that Palin violated the state's executive branch ethics act, which says that "each public officer holds office as a public trust, and any effort to benefit a personal or financial interest through official action is a violation of that trust."
Branchflower was investigating Palin's involvement in an effort to get state trooper Mike Wooten fired. Wooten was involved in a nasty divorce from Palin's sister. Palin and her husband, Todd, have accused Wooten of threatening Palin's father.
The investigation also looked into whether Palin dismissed public safety commissioner Walt Monegan because he resisted pressure to fire Wooten.
The report says Palin failed to reign in her husband's inappropriate efforts to use the governor's office to contact trooper employees in his attempts to have Wooten fired.
"Governor Palin knowingly permitted a situation to continue where impermissible pressure was placed on several subordinates in order to advance a personal agenda ... to get Trooper Michael Wooten fired," Branchflower's report says.
"Compliance with the code of ethics is not optional. It is an individual responsibility imposed by law, and any effort to benefit a personal interest through official action is a violation of that trust. ... The term 'benefit' is very broadly defined, and includes anything that is to the person's advantage or personal self-interest."
In the second finding, Branchflower says Monegan's refusal to fire Wooten was not the sole reason for his dismissal but that it was a "contributing factor." Still, he said, Palin's firing of Monegan was "a proper and lawful exercise" of the governor's authority.
The third finding says a workers' compensation claim filed by Wooten was handled appropriately. Number four concludes that the attorney general's office failed to comply with Branchflower's Aug. 6 request for information about the case in the form of e-mails.
The governor's offices issued a statement late in the day taking issue with the report. The report, it said, vindicated Palin with the finding that she "acted within her constitutional authority" to remove Monegan.
"However, along with several members of the Legislative Council, we question how Mr. Branchflower reached the conclusion that Governor Palin abused her power with respect to Trooper Mike Wooten," said the statement, from Palin spokesman Bill McAllister. "That finding required speculation and assumptions on Mr. Branchflower's part and could not be supported solely on the basis of the evidence that he collected."
The chairman of the Legislative Council, Sen. Kim Elton, D-Juneau, said he agreed with Branchflower's findings but wasn't ready to suggest there should be any consequences for the governor.
"We don't charge people, we don't try people as legislators," Elton said. Any further action or disciplinary measures, he said, would be up to Palin's executive branch, the attorney general or the state Personnel Board.
Sen. Gene Therriault, R-North Pole, said the report is flawed because Branchflower didn't take into account statements and other materials submitted earlier this week by Todd Palin and administration employees who earlier had resisted subpoenas.
Therriault said Todd Palin's written response indicates that Gov. Palin, at some point, urged her husband to drop his efforts against Wooten. That information goes to the heart of Branchflower's conclusion that the governor violated the ethics law, Therriault said.
Therriault said Branchflower was unable to consider those late-arriving materials "because we had this artificial deadline today."
"Why?" he continued. "Because we're in a political season."
Senate President Lyda Green said the report doesn't speak well for the governor.
"The problem with power is that people pay attention to it," the Wasilla Republican said. "And it's very easy to get beside yourself and use it in the wrong way.
"And we do have to leave personal business at home," she said.
Two other lawmakers said the governor and her husband's actions were understandable.
"Who is going to blame Todd Palin for protecting his family?" said Rep. John Coghill, R-North Pole. "Not me."
Another member of the Legislative Council, Rep. Bob Lynn, R-Anchorage, said he thinks Branchflower's findings are wrong, and that Palin didn't violate the ethics act. "She and Todd Palin were trying to defend their family," Lynn said. "I think any normal person would do the same."
The release of Branchflower's 263-page report came after a unanimous vote of the 12-member Legislative Council, which authorized the inquiry last summer. The vote followed an all-day, closed-door meeting with Branchflower. Three members participated by telephone.
Branchflower also recommends the Legislature change the way complaints against peace officers such as troopers are handled. He says lawmakers should consider making it possible for people who file such complaints to get feedback about the status of their complaint and whatever action was taken about it.
The initial complaint against Wooten was filed by Gov. Palin's father, Chuck Heath, before she was elected governor in 2006. Branchflower says the inability of the family to get information about what was happening with the complaint was frustrating to them.
"I believe their frustration was real as was their skepticism about whether their complaints were being zealously investigated," Branchflower's report says. "The irony is that the complaints were taken very seriously, and a thorough investigation was underway. However, the law prevented the Troopers from giving them any feedback whatsoever."
The law should try to balance the need for confidentiality with a recognition that feedback to the filer of a complaint is also important, the report
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Comment Title: Turst
This is all about trust, where is the Trusted in Palin when she abuse here power, what will happen if she got it to the office and she take advantage of your trust, for her on gain. What then. She said this is all about Trust where did she get it from. You can trust her. Oh! Hockey moms and Joe's six packs not just plan on mother's like myself an others
Posted by: On: 10/11/2008
Comment Title:
Well, what do all of you "Joe six-packs" and "Hockey moms" think now?
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