More to Come in Alaska

TrooperGate is not done in Alaska.

First, Walt Monegan is a little bit tired of being called "rogue" by Sarah Palin.

Gov. Sarah Palin’s former public safety commissioner says the governor smeared him and he wants a hearing to clear his name.

Walt Monegan on Monday asked the state personnel board to allow him a chance to disprove the vice presidential nominee’s assertion he was a "rogue" and insubordinate commissioner. The board is investigating Palin’s July dismissal of Monegan.

"Governor Palin’s public statements accusing Mr. Monegan of serious misconduct were untrue and they have stigmatized his good name, severely damaged — and continue to damage — his reputation, and impaired his ability to pursue future professional employment in law enforcement and related fields," said the hearing request filed by Monegan’s lawyer, Jeff Feldman.

And, at the same time, that same personnel board seems to be using an expansive scope for its investigation of Sarah’s abuses of power.

The state Personnel Board investigation of Gov. Sarah Palin’s firing of Walt Monegan has broadened to include other ethics complaints against the governor and examination of actions by other state employees, according to the independent counsel handling the case.

The investigator, Tim Petumenos, did not say who else is under scrutiny. But in two recent letters describing his inquiry, he cited the consolidation of complaints and the involvement of other officials as a reason for not going along with Palin’s request to make the examination of her activities more public.

Two other ethics complaints involving Palin are known. One, by activist Andree McLeod, alleges that state hiring practices were circumvented for a Palin supporter. The case is not related to Monegan’s firing. The other, by the Public Safety Employees Association, alleges that trooper Mike Wooten’s personnel file was illegally breached by state officials.

John Cyr, the PSEA executive director, said Monday the union plans to amend its complaint to be sure the board investigates "harassment" of Wooten as well.

Petumenos has not spoken to the press, in keeping with the secrecy of the state process. But he gave a rough description of the investigation’s course in two letters to an Anchorage attorney threatening a lawsuit over Palin’s effort to waive confidentiality.

This expansive scope may stem from the fact that–against all of Sarah’s hopes–the personnel board appointed a tough, independent investigator for their investigation.

Some weeks ago, the McCain team devised a plan to have Palin file an ethics complaint against herself with the State Personnel Board, arguing that it alone was capable of conducting a fair, nonpartisan inquiry into whether she fired Monegan because he refused to fire Wooten, who had been involved in a messy custody battle with her sister. Some Democrats ridiculed the move, noting that the personnel board answered to Palin. But the board ended up hiring an aggressive Anchorage trial lawyer, Timothy Petumenos, as an independent counsel. McCain aides were chagrined to discover that Petumenos was a Democrat who had contributed to Palin’s 2006 opponent for governor, Tony Knowles. Palin is now scheduled to be questioned next week, and the counsel’s report could be released soon after.

Now, it’s unclear whether these other shoes will drop before the election. Isikoff says Petumenos will release the report shortly after questioning Palin this week. Also this week, the legislative council will vote whether or not to release the Branchflower–along with its confidential back-up–to Petumenos. And then there’s a personnel board meeting on Monday. 

I’m guessing, if this is not completed and released before the election, Sarah will fire the board members, accusing the three Republican appointees of being rabid partisans. But there is a chance more will come out (though perhaps only in limited form, publicly) before the election. 

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  1. BayStateLibrul says:

    Thanksfor keeping this story on the radar.
    Looks like our MSM press has buried the story.
    For some reason, I don’t trust Isikoff…

  2. wavpeac says:

    Okay, so it absolutely boggles my mind how well it works for the republiCONS to just deny, deny and deny some more.

    Unless we can say “there’s sperm on the dress and the sperm belongs to you.” I just cannot for the life of me understand it.

    Last but not least…I wonder if any one out there knows what is happening in evangelical churches in regard to these candidates. I mean, do we know what is being said to the folks at church. I cannot seem to get answer from those who have drunk the koolaide but I can’t get over the strength of conviction against Obama by those who attend evangelical church on sunday.

    I have a client, smart as a whip. She is married to a black man who mom is a preacher. My client told of her support for Palin and all her “spunk”.

    I have a colleague who is one of the smartest folks I know, she really believes Obama is going to destroy america as the anti christ.

    What is going on in these churches? Anybody out there witness the call to koolaid with first hand knowledge??

      • klynn says:

        You know, I would pose the following question to evangelicals in AK. How about the possibility, with Sarah’s ability to: lie, encourage divisiveness, lack compassion in policy towards rape victims, lack a contrite spirit when she is wrong, consume power, and have public (not humble) assertions of her faith for personal gain, that she just might be anointed not by God but by Satan?

        A wolf in sheep’s clothing?

  3. JThomason says:

    I think you are misreading the rule. Its the same one Bush used with the US Attorneys. The executive has the prerogative to fire appointees for any reason or no reason and the full privilege to slander the firee on the way out the door.

  4. TobyWollin says:

    “The other, by the Public Safety Employees Association, alleges that trooper Mike Wooten’s personnel file was illegally breached by state officials.”FINALLY!! Someone is going after ‘Todd and the Missus’ over Wooten’s confidential personnel file. THIS is major.

    • emptywheel says:

      Yup, that’s been burbling out there for a while. Though note, I think the reason they’ve reframed their complaint is because Branchflower never finally verifies that TOdd had the personnel file itself. Though it’s pretty clear he was trailing him.

      • TobyWollin says:

        “not open to public inspection except as provided in this section.” All Todd-boy had to do was peek into it; he did not have to actually have it in his hands or with him when he talked to Monegan – Monegan becomes almost the side issue. The issue becomes that a non-governmental person somehow got access to confidential files. And, we don’t know how much chit chat Todd, Sarah and anyone else indulged in, in terms of phone calls, conversations, or those oh-so-confidential public email accounts in terms of passing information that was IN Wooten’s confidential personnel file.

      • R.H. Green says:

        An odd thing occured to me about that meeting where there were 3 stacks of personnel files on the table. Wooten’s file may or may not have been on the table, but a clear message was being sent to Monegan regarding Tod Palin’s access to everyone’s personnel file, for whatever value that may have at that meeting.

  5. JimWhite says:

    The end of an error. No way Palin continues as Governor after the loss in November or is a candidate for President in 2012. From the Branchflower report, pages 5 and 6:

    Alaska law provides that personnel records and related information is confidential and may be disclosed only under well defined and narrow circumstances. The following two statutes apply to this report.

    Alaska Statute 39.25.080 is captioned “Personnel records confidential; exceptions” and provides in pertinent part

    (a) State personnel records, including employment applications and examination and other assessment materials, are confidential and are not open to public inspection except as provided in this section.
    /snip/
    Alaska Statute 39.25.900. Penalties.
    (a)a person who wilfully violates a provision of this chapter or the personnel rules adopted under this chapter is guilty of a misdemeanor.

    (b) A state employee who is convicted of a misdemeanor under this chapter or the personnel rules adopted under this chapter immediately forfeits the employee’s office or position.

    Emphasis added.
    Couple that with this from the post:

    The other, by the Public Safety Employees Association, alleges that trooper Mike Wooten’s personnel file was illegally breached by state officials.

    It’s clear Todd had access to Wooten’s file and used it extensively in his vendetta. Sarah will have to resign or be impeached over this one. There is no way around it.

    • R.H. Green says:

      The statutes cited refer to repercussions for state employees convicted of misdemeanors. I believe there is a distinction between an employee and an elected official.

  6. Ishmael says:

    Sounds like Monegan is laying the groundwork for a defamation suit against Palin – I don’t know if there is any basis for this in American law, but under Canadian law, when the government has the statutory power to terminate the appointment of persons named to office at pleasure, as Palin did with Monegan, and it purportedly does so on the basis of a person’s misconduct, (like being a “rogue”, or “insubordinate”) the government owes the appointee procedural fairness, including at the very least a warning of the alleged misconduct, that the person be informed of the possibility of removal and of the reasons for that removal and be given an opportunity to be heard. The result of this could be damages for defamation, or a period of notice or damages in lieu to Monegan. Palin has exposed the State of Alaska to a large potential damages claim to Monegan if this is the law in Alaska, and I suspect that is why Palin was so careful to say that the word “rogue” was not pejorative or defamatory.

  7. TobyWollin says:

    Jim – you and I are together on this one. I see this is just huge in terms of getting rid of Palin.

  8. TheraP says:

    If Palin fires the 3 board members while the board is investigating her (at her request, of course!), I bet the legislature would initiate another investigation for that series of firings! I think the folks in Alaska are tired of being played by this dame. And the likelihood of her getting to do that much longer is growing slim. As I understand it from mudflats, I believe there is also a recall petition circulating. And only 10% of actual voters is apparently needed for a recall to proceed. (I don’t know much more than that.)

  9. dolso says:

    This is getting very interesting. I would suspect that Petumenos’s report, if there ever is a report, will come out after November 4. In the interim, the Palins will continue to be asked questions that they do not have good answers to. Their strategy will probably be to delay, deny, and to argue partisan politics. I believe that troopergate will have long term ramifications to Sarah Palin’s political future, but I would not write her political obituary quite yet.

  10. bmaz says:

    The other, by the Public Safety Employees Association, alleges that trooper Mike Wooten’s personnel file was illegally breached by state officials.

    John Cyr, the PSEA executive director, said Monday the union plans to amend its complaint to be sure the board investigates “harassment” of Wooten as well.

    Ruh roh. I’ve been watching this guy Cyr a bit. He is not friendly to Palin, and is friendly to Monegan and Wooten. I have dealt with the equivalents of this guy before, the head of the state law enforcement association (PBA some places, APA and ALEOC here) is very powerful and they know their personnel and administrative rights and law better than anybody. Cyr has been on the warpath in the background of all this for a while. This is not good for Palin.

    • chrisc says:

      Didn’t Palin suggest a cut funding for safety services?

      from PSEA website- president’s weekly report:

      Past President’s Weekly Reports:

      President’s Weekly Report

      President’s Weekly

      September 29, 2008

      I want to reiterate PSEA’s position regarding Governor Palin and public safety. Your PR Committee has worked diligently to educate Alaskans about how unsafe conditions are in Alaska and motivate our membership to do the same. The PSEA Corporate Board has approved the PR Committee’s message and methods. The Board recognizes that despite Governor Palin’s status elsewhere, she is still our Governor and has important responsibilities here that she is refusing to take care of – this is our focus. The condition of public safety is embarrassingly deficient statewide and will likely not improve until state government admits its failures in this arena and gives public safety the attention and resources it desperately needs.

      To this end we will continue to publish facts, speak with the media, and inform our membership. This work is not done until our public safety employees are no longer put at risk by staffing shortages, inadequate equipment, and the lack of training. Our members are suffering under unrealistic work loads and expectations. The public is not being served as well as it should be because of this. Please continue to take action by becoming informed, communicating with each other, and talking with the citizens you serve. This problem is repairable and our Governor must feel the urgency. Thank you.

      Rob Cox
      PSEA President

    • emptywheel says:

      One of the things the report suggests is that Palin gave the troopers a 5% raise, while giving every other union a 5.5% raise, because she was so pissy about Wooten. And this at a time when the troopers aren’t meeting recruiting numbers bc the local police departments pay 10,000 more without the travel.

      So yeah, Cyr is not a Palin fan.

  11. radiofreewill says:

    EW – Did you see footnote #9 at the bottom of page 17 in the Branchflower Report?

    This is the section covering Todd’s infamous January 4th meeting in the Governor’s Conference Room with Monegan. There are three stacks of paper arranged in front of Todd. One of the stacks is photos printed onto typing paper, showing the Moose Kill. The second stack of papers is a ‘Private Investigator’s Report.’

    But the third stack, of about 3 or 4 pages, is a copy of a letter, on DPS letterhead, from Colonel Grimes (Monegan’s predecessor) dating back to before the Palins became Governor.

    What footnote #9 makes clear is that Col. Grimes never sent any correspondence to Sarah and Todd regarding the Wooten investigation – which means that that DPS Letter, which looks for all the world to be a Note-To-File by Col. Grimes ‘closing out’ the DPS’s internal investigation of Trooper Wooten – that copy of the Grimes letter originated from somewhere besides the Palins.

    While there’s no doubt that Sarah, like any head of department, could routinely request an employee’s personnel file to review as part of consideration for a personnel/career action – it’s what she did with the file after she got it that seems to be the problem, because it appears that she – at a minimum, and Branchflower says there is evidence of her direct involvement – but at a minimum, she appears to have allowed Todd access to the contents of Wooten’s file, for the purpose of pressing for further action with Monegan.

    So, the January 4th meeting appears to go like this:

    – Todd hands Monegan the Grimes document to read while Todd says, “We don’t think he was punished enough.”

    – Then Todd refers to the ‘Private Investigator’s Report’ – presumably to show that the Moose Kill wasn’t properly investigated as part of the Internal DPS Review that the Grimes document refers to.

    – Finally, Todd slides the stack of Moose Kill spy-photos over to Monegan as his ‘evidence’ and says, “See?” Todd then pushes the three stacks of paper together into one pile and gives the consolidated stack to Monegan to take with him.

    So, Todd’s whole pressure tactic on Monegan in the January 4th meeting – one month after Sarah has become Governor – appears to be based on the Grimes Document, which we know didn’t come from the Palins – but could, very well, have come from the Personnel File that Sarah likely ordered up for her own ‘review.’

    She then ‘looked the other way’ while Todd Abused the Governor’s Power – taking information from a Strictly Confidential, Privacy Protected, Personnel File – in order to Run a Pressure Campaign to achieve Sarah’s Desired Outcome – the Firing of Trooper Wooten.

    Or, at least footnote #9 makes that scenario very possible…

    • emptywheel says:

      POssible. My point was that Branchflower doesn’t make that explicit in his report–at least not the public section (though his recommendation for greater restrictions on passing around personnel files suggests that’s what happened).

      Also note, Todd later came back to Monegan and asked for that file back–perhaps realizing he shouldn’t have given it to Monegan.

      • radiofreewill says:

        Branchflower strikes me as a gentleman lawyer, of the cagey Western Frontier variety, not unlike some who frequent this blog…

        I wouldn’t put it past Branchflower to have watched the Petumenos announcement – and saying to himself, “Hell, there’s Tim! He has a terrific reputation as an above-board lawyer!” – and placing all the confidentiality-protected evidence of Ethical Misconduct in an envelope, sealing it, and then slapping a transmittal form on it to Petumenos’ attention – with a subject line of: “Have fun, Pardner!”

        If that happened – if Branchflower essentially sent the work-up file for an indictment on a misdemeanor Ethics Violation to Petumenos – it might be next to impossible to get a white-wash Personnel Board Report for Sarah.

        I’ll bet lawyer shop-talk over Bourbon-and-Branches are full of interestin’ reminences about un-doing the clever and powerful…

  12. perris says:

    I have to say, I am pretty darned proud of the republicans that run alaska right now, they seem to actually believe the talk and walk it.

    kudos, they neo cons have not co-opted the intire republican party

  13. bell says:

    rogue
    1 : vagrant , tramp 2 : a dishonest or worthless person : scoundrel 3 : a mischievous person : scamp 4 : a horse inclined to shirk or misbehave 5 : an individual exhibiting a chance and usually inferior biological variation

    and she means it in a neutral sense? she isn’t a very good liar.. on the other hand she only has to convince a few low iq folks to win a few votes…

  14. radiofreewill says:

    I’m slow today! I see from the second linked article that the Lege is meeting on Thursday to consider releasing the Branchflower Report, complete with Confidential Section, to Petumenos.

    In any case, Sarah is running out of wiggle-room…