Tuesday, December 08, 2009

For Christmas Sarah Palin gets a spanking new ethics complaint. HO, HO, HO!

Sarah may no longer be in Alaska but her ethical violations are still stinking the place up. And it has inspired a new ethics complaint to tidy up a little. And this one is a doozy.

Andree McLeod has filed this ethics complaint with the Alaska Attorney General just yesterday.

And you can read it for yourself down below.

Andrée McLeod

Anchorage, Alaska
December 7, 2009
Attorney General Office
1031 W. 4th Avenue, Suite 200
Anchorage, AK 99501-1994

Dear Attorney General Sullivan,

Please consider this letter as an ethics complaint charging Sarah Palin with violations of the Alaska Executive Branch Ethics Act (Alaska Statute, Title 39, Chapter 52).
Sec. 39.52.120. Misuse of official position: (a) A public officer may not use, or attempt to use, an official position for personal gain, and may not intentionally secure or grant unwarranted benefits or treatment for any
person.

Sec. 39.52.130. Improper gifts: (a) A public officer may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment, promise, or in any other form, that is a benefit to the officer's personal or financial interests, under circumstances in which it could reasonably be inferred that the gift is intended to influence the performance of official duties, actions, or judgment.

Sec. 39.52.310. Complaints: (h) A violation of this chapter may be investigated within two years after discovery of the alleged violation.

Sec. 39.52.410. Violations; penalties for misconduct: (c) If the personnel board determines that a former public officer has violated this chapter, it shall (1) issue a public statement of its findings, conclusions, and recommendation; and (2) request the attorney general to exercise all legal and equitable remedies available to the state to seek whatever relief is appropriate.

The Alaska Ethics Branch Ethics Act declares that:

(1) high moral and ethical standards among public officers in the executive branch are essential to assure the trust, respect, and confidence of the people of this state;

(2) a code of ethics for the guidance of public officers will:
(A) discourage those officers from acting upon personal or financial interests in the performance of their public responsibilities;
(B) improve standards of public service; and
(C) promote and strengthen the faith and confidence of the people of this state in their public officers;

(3) holding public office or employment is a public trust and that as one safeguard of that trust, the people require public officers to adhere to a code of ethics;

(4) a fair and open government requires that executive branch public officers conduct the public's business in a manner that preserves the integrity of the governmental process and avoids conflicts of interest;

(5) in order for the rules governing conduct to be respected both during and after leaving public service, the code of ethics must be administered fairly without bias or favoritism;

(6) no code of conduct, however comprehensive, can anticipate all situations in which violations may occur nor can it prescribe behaviors that are appropriate to every situation; in addition, laws and regulations regarding ethical responsibilities cannot legislate morality, eradicate corruption, or eliminate bad judgment; and

(7) compliance with a code of ethics is an individual responsibility; thus all who serve the state have a solemn responsibility to avoid improper conduct and prevent improper behavior by colleagues and subordinates.

The Scope of the Alaska Ethics Branch Ethics Act states:

…standards of ethical conduct for members of the executive branch need to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts of interests that are substantial and material.

Palin continues to compromise the integrity of our Governor’s Office. Even though she quit as governor in mid-term on July 26, 2009, the Alaska Office of the Governor Position and title is still being misused to collect money for her personal legal fund that has accepted monetary contributions as recently as December 5, 2009.

This matter of Palin’s Alaska Fund Trust that greatly concerns the public interest was brought forward in another complaint in April 2009. The independent investigator found probable cause of Palin’s ethics violation in a July 21, 2009 report because he found that Palin secured unwarranted benefits and received improper gifts through the fund and that she used her official position for personal gain in violation of Alaska Statute 39.52.120(a). He discovered that she expressly authorized the creation of the trust, and that the trust website quite openly uses her governor position to solicit donations. This pointed to probable cause that Palin used her
official position for personal gain in violation of Alaska Statute 39.52.120(a). (Document attached)

Yet, a public resolution has still not been forthcoming from personnel board members or other public officials to that prior complaint, nor has justice prevailed on the side of the Alaskan public when it was discovered that their ex-governor was found to have behaved corruptly with regards to this fund. (Ironically, dismissed complaints have been highly publicized as Palin waived away confidentiality.) Meanwhile, the fund still collects money with absolutely no oversight. Contributions and expenditures have never been made public, even while Palin was a public official and had to comply with public financial disclosure laws.

This continual and already established unethical collection of money towards Palin’s legal fund’s behalf makes a mockery of Alaska’s system of governance. In addition, the fund’s name “The Alaska Fund Trust” deceptively infers an official State of Alaska legitimacy to what is widely recognized as an unscrupulous fund.

Below are images taken of The Alaska Fund Trust on December 7, 2009 that shows persistent misuse and abuse of Palin’s official governor’s title and position. Palin misleadingly uses her former official position for personal gain and to secure unwarranted benefits. In short, Palin continues to violate Alaska Statute 39.52.120(a).

Standards of ethical conduct for members of the executive branch need to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts of interests that are substantial and material. Sarah Palin’s conflicts of interests with regards to this fund are significant and material as her interest in the fund is presumed to be more than $5,000.

Based on the facts set forth above I’m requesting that the Alaska Personnel Board enforce Sec. 39.52.410 (c) (1) and (2) with regards to Palin’s misuse and abuse of her official title and position for personal gain and for the securing of unwarranted benefits through this fund. This Alaska Fund Trust has never served the purposes or interests of Alaska or Alaskans. It persists to corrupt public processes and continues to breach the scope and spirit of the Alaska Executive Branch Ethics Act.

I’m requesting my complaint be investigated in as fair and unbiased a manner as possible. For the record, I’m prompted to file this complaint for exactly the same reason that every one of my other complaints have been filed with your department: solely for the reason of upholding ethical standards and protecting the integrity of state actions and state resources. To think otherwise is to abridge my rights as an Alaskan and American, among other things.

Thank you for your prompt attention to this.
Sincerely,
Andrée McLeod


(If you want to read all of the complaint, as well as the attachments, then click the link above.)

This seems like a very appropriate complaint to me. Andree has laid out her argument very effectively, and I am interested to know if THIS Attorney General is actually going to do his job and launch the kind of investigation that it clearly requires.

23 comments:

  1. crystalwolf aka caligrl5:10 PM

    Gryphen, since they haven't responded to Kim Chatmans complaint about the Grifter fund...how does Andree's fit in here? Is Kim's been dropped? Is Andree filing in addition to Kim's?
    Daniels found "probable cause" in Kims complaint, and then...nothing?? What's going on there?
    Thanks..

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  2. Anonymous5:20 PM

    The AG, Dan Sullivan (NOT the mayor of Anchorage, but same name) was appointed by Sarah.
    ADN reported (yesterday or day before) that Sullivan is trying to amend ethics laws (favor for Sarah?). I fear, if Sullican is successful with the law changes, that it may be retroactive, and Palin will walk again. I hope I am wrong. WHY oh WHY do the contributors to this slush fund INSIST on the accounting disclosure that was PROMISED to them by Kristen Cole months ago?

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  3. Anonymous5:21 PM

    oops - at 5:20, I meant to say "why do the contributors to this slush fund NOT insist on the accounting disclosure......."

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  4. SoCalWolfGal5:29 PM

    Good for Andree; I consider this a nice Christmas present! I have to believe that the law of averages is going to catch up with our fair FORMER Governor at some point. Merry Christmas Sarah.

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  5. Anonymous5:38 PM

    When your government over-sight agencies are corrupt, you need to go to the appropriate federal agencies.

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  6. To be expected from CW puppets. Seems like CBC extenuated. Then the republican majority in state know that most of their voters either will not or cannot read more than a single sentence meme. Sheesh i cant lose sleep over all this but i sure hope Andree hangs in and keeps at it....It's worth a try.

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  7. MacAndCheeseWiz5:53 PM

    Merry Xmas, Sarah- can't wait for the self flagellation FB rant ....

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  8. You go, girl.

    Celtic Diva has previously written that she believes that Sarah isn't complying with the "penalty" from the 1st AFT complaint. Of course, the APB is in the bag for Palin. Maybe they'll grow a backbone for this complaint on the continued ethics violation.

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  9. crystalwolf aka caligrl6:17 PM

    Anonymous said...

    When your government over-sight agencies are corrupt, you need to go to the appropriate federal agencies.
    5:38 PM

    YES!!! Why isn't this happening???

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  10. Anonymous6:19 PM

    Bring in the feds.

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  11. No, it won't go anywhere.

    Not only is the Andreé going up against the same closed house Palin cronies she did before, but now they can dismiss her and portray her as a nuisance, a crank, someone with an axe to grind, personal grudge, etc.

    They've undermined her credibility so that now that she has proof, they can convince people not to pay any attention to her.

    I see this in schools. Certain students work at undermining their teacher's credibility in the eyes of their parents so when report cards come out they can say the teacher hates them, as it in for them, or whatever it takes. And if there has been any discipline issues the parents can say the teacher is retaliating against their kid by lowering their grade.

    Not much difference between junior high school and Alaskan politics I guess.

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  12. Anonymous7:46 PM

    If Sullivan is successful in changing the law to make people pay for filing unsuccessful ethics complaints, I hope that the state has to prove that a reasonable person would find the complaint frivolous. Andree's complaints were reasonable.

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  13. My biggest issue with this Alaska Fund Trust is the fact that it is the ALASKA Fund Trust. My fair state gains nothing from this trust that is being collected upon in its name. Only Sarah Palin (and really anyone remotely connected to her) is able to use this fund. (if one reads the small print regarding the legal framework that the trust is built upon, really anyone in Palin's circle can benefit financially from this trust).
    That notwithstanding, the fund trust should be titularly more closely associated with Palin herself, rather than the State of Alaska.
    Just sayin'.

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  14. AKPetMom--regarding the name of the Trust---since she's soliciting funds using interstate commerce, the Federal Trade Commission might regulate the advertising of the trust on the web. (I haven't read the regulations lately.) But if someone is interested, they could research whether the FTC regulations apply in this situation, and if so, whether the trust's name and advertising appear to violate the law.

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  15. Anonymous10:05 PM

    McLeod is, as we used to say, up a duck's ass.

    She is basing her complaint on one lawyer's opinion which was leaked to the press ....... by McLeod herself.

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  16. Anonymous11:03 PM

    Anything to do with Kristan Cole is suspect. She promised full disclosure......NOTHING yet, Kristan! Where is all of your accounting, Kristan of how much has been received and where this money is going...PIE SPY, INC? Remember that Kristan Cole's mother is a convicted embezzler of trust funds. Over $700,000. One trust fund in Iowa and one in Kamploops, British Columbia

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  17. If anyone is seriously considering that this might go anywhere, they are sadly mistaken, in my honest opinion.

    The Alaskan government is corrupt. Apparently the people within the government like it that way as no one does anything to change it.

    There are not enough people willing to stand up and say they want things to change for the better. The handful of Alaskan bloggers and those who post on these sites that are from Alaska don't seem to be enough to make the changes needed.

    We've seen how easily Sarah Palin found it to completely ignore ethics laws, and was given a free pass to do so by the people, along with groups like the Personnel Board, the APOC, the legislature...so why in the world would anyone think that this time will be different?

    One thing is for sure, Alaska is proving to the world that if you are corrupt and want to get away with it, then AK is the place to be.

    I feel bad for those Alaskans who want things to change for the better, who want their officials to be honest and can do nothing about it because everyone else works against them to keep the status quo.

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  18. IRS, USPS Inspector, FTC, ICC, FBI.

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  19. Anonymous4:26 AM

    Yep, remember that Kristan Cole learned at the feet of her convicted felon/embezzler mother. I would watch this woman very, very carefully.

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  20. Basheert6:57 AM

    IF Andree is really serious, this complaint must also be sent to the IRS. She lives in Alaska, she can do this. She's already gone public.

    The fact is - no one has taken the steps to ask the IRS to investigate this issue. It must be done in Alaska by a resident.

    Agreed it should be filed as an Ethics Complaint, but it would be logical, if you really want some legitimate action and investigation, to file a complaint with the IRS.

    ???

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  21. Anonymous7:09 AM

    The complaints are reasonable. I just don't see it going anywhere legally. I will break it down.

    Nevermind. I can't paste to this box and don't feel like typing out everything!

    But essentially, the argument for the complaint about making money off the title "Governor" is and will be moot. Many elected officials use their old titles in promotion of charities, fundraising, even personal issues. I don't see this as an issue that is in conflict with the law. Even that financial gain clause is very vague and probably won't hold her to it. Add in the fact that it is pretty established that government officials in most states (I haven't seen any AL state laws or SC issues to prove otherwise) that allow them to have defense funds. Many police officers have this for instance. I would assume that the Gov has this right as well.

    But it gets to my larger point, I don't see it going anywhere since it just won't. She is not Gov anymore, she is not acting as a government official. It borders on the frivilous side of the law, and it is looks like a bunch of adults acting like high schoolers with their cliques. Petty, minor things that really haven't accomplished anything other than to stir up up cheerleading.

    I read Camille Pagilia a lot and share her message a lot. She respects the enemy and scolds our side when we "act stupidly" in hopes of building us up for the better. You want to bring Palin down? This is not the way, never will be nor ever be. You don't take a chisel to a 10 foot thick wall. You claim to have the goods to do so. You claim Levi has the goods to do so. Again sorry for being overly tough, but I am trying to help. I don't know what you are so afraid of, just dish out your bombshell. If it is that good, I would rather now before Sarah gets momementum.....

    Please do something other than swatting a fly with a straw.

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  22. crystalwolf aka caligrl11:36 AM

    Anonymous said...

    McLeod is, as we used to say, up a duck's ass.

    She is basing her complaint on one lawyer's opinion which was leaked to the press ....... by McLeod herself.
    ************
    And you know this HOW?????I think your just another lyin' palinbot makin' things up!

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  23. Uncle Sam9:28 AM

    In a perfect world Sarah Palin would just get a spanking... and a long hard one at that :-)

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