Anchorage Daily News


Ethics investigator rules against Palin


By RACHEL D'ORO
The Associated Press

(07/21/09 12:42:07)

An independent investigator has found evidence that Gov. Sarah Palin may
have violated ethics laws by trading on her position in seeking money
for legal fees, in the latest legal distraction for the former vice
presidential candidate as she prepares to leave office this week.

The report obtained by The Associated Press says Palin is securing
unwarranted benefits and receiving improper gifts through the Alaska
Fund Trust, set up by supporters.

An investigator for the state Personnel Board says in his July 14 report
that there is probable cause to believe Palin used or attempted to use
her official position for personal gain because she authorized the
creation of the trust as the "official" legal defense fund.

The practical effect of the ruling on Palin will be more financial than
anything else. The report recommends that Palin refuse to accept payment
from the defense fund, and that the complaint be resolved without a
formal hearing before the board.

The fund aims to help Palin pay off debts stemming from multiple ethics
complaints against her, most of which have been dismissed. Palin says
she owes more than $500,000 in legal fees, and she cited the mounting
toll of the ethics probes as one of the reasons she is leaving office.

The investigator, Thomas Daniel, sided with Palin in her frustration
with having to defend herself against a barrage of ethics complaints. He
suggested that Alaska lawmakers may need to create a law that reimburses
public officials for legal expenses to defend complaints that end up
being unfounded.

Palin posted an entry on Twitter in which she said the "matter is still
pending."

"There is no final report. The Investigator is still confidentially
reviewing this matter. It appears suspect that in the final days of the
Governor's term, someone would again violate the law and announce a
supposed conclusion before it is reached," her spokeswoman, Meghan
Stapleton, said in an e-mail to The Associated Press.

But Daniel said his report was final.

Palin's friends and supporters created the Alaska Fund Trust in April,
limiting donations to $150 per person. Organizers declined to say how
much it has raised, and had hoped to raise about $500,000. A Webathon
last month brought in about $130,000 in pledges.

In his report, Daniel said his interpretation of the ethics act is
consistent with common sense.

An ordinary citizen facing legal charges is not likely to be able to
generate donations to a legal defense fund, he wrote. "In contrast,
Governor Palin is able to generate donations because of the fact that
she is a public official and a public figure. Were it not for the fact
that she is governor and a national political figure, it is unlikely
that many citizens would donate money to her legal defense fund."

The ethics complaint was filed by Eagle River resident Kim Chatman
shortly after the fund was created, alleging Palin was misusing her
official position and accepting improper gifts.

"It's an absolute shame that she would continue to keep the Alaska Fund
Trust Web site up and running," Chatman told the AP.

At least 19 ethics complaints have been filed against Palin, most of
them after she was named the running mate for GOP presidential candidate
John McCain. Most of those have been dismissed, and Palin's office
usually sends a news release with the announcement.

The multiple ethics complaints include an investigation by state
lawmakers over Palin's firing of her public safety commissioner in the
so-called Troopergate scandal.

John Coale, a Washington lawyer who helped set up the fund, called the
probable cause finding "crazy," adding that if upheld, it would mean
that no governor could ever defend themselves against frivolous ethics
complaints.

"If this complaint is true, there's no way to defend yourself" as
governor, Coale said. "Anybody can keep filing ethics complaints and
drive someone out of office even if you're a nut."

Coale said that unlike other states, Alaska's governor has no legal
counsel's office to defend the governor from allegations brought against
the governor in her official capacity.

Coale said he recommended creation of the legal defense fund, a common
practice in Washington. The Web site for the Palin fund cites similar
accounts created for Hillary Clinton, John Kerry and other prominent
politicians.


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--
A wise Latina makes better decisions than a dumb elephant.