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Branchflower: Palin abused power

by Rebecca Palsha
Friday, October 10, 2008

ANCHORAGE, Alaska -- Investigator Stephen Branchflower has concluded that Gov. Sarah Palin abused her power when she fired Public Saftey Commissioner Walt Monegan.

"I find that Governor Sarah Palin abused her power by violating Alaska statute 39.52.110(a) of the Alaska Executive Branch ethics act," Branchflower said in the 263-page report to the Legislative Council released Friday afternoon.

"Alaska statute 39.52.110(a) provides 'the legislature reaffirms 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 continued.

"(Palin) knowingly, as the term is defined in the above cited statutes, permitted Todd Palin to use the Governor's office and the resources of the Governor's office, including state employees, to continue to contact subordinate state employees in an effort to find some way to get Trooper (Mike) Wooten fired," the report stated.

"Governor Palin knowingly permitted a situation to continue where impermissible pressure was placed on several subordinates in order to advance a personal agenda ... She had the authority and power to require Mr. Palin to cease contacting subordinates, but she failed to act," the findings continued.

Branchflower's findings were presented to the Legislative Council Friday morning. The Council then met in a closed-door executive session for more than six hours as it reviewed the report.

Friday afternoon the council voted unanimously to release the report to the public.

Branchflower concluded that Monegan's refusal to fire Wooten, Palin's former brother in-law, was "likely a contributing factor to his termination" but "not the sole reason."

Still, Palin's dismissal of Monegan "was a proper and lawful exercise of her constitutional and statutory authority to hire and fire executive branch department heads," Branchflower said in the report.

That authority makes it "clear that Governor Palin could fire Commissioner Walt Monegan at will, for almost any reason, or no reason at all."

Branchflower continued: "There are indications in the record that there was not universal support for Commissioner Monegan among other department heads. Comments in the press linked to the governor suggest there was a feeling within the governor's office that he was not a team player, and there is evidence that Governor Palin had lost confidence in Mr. Monegan."

Taking that into account, Branchflower concluded that Monegan's refusal to fire Wooten was not the sole reason for his termination, but a contributing factor.

The report also found that Wooten's workers' compensation claim was handled properly, and that Wooten "received all the workers' compensation benefits to which he was entitled."

The fourth and final conclusion of the report is that the "Attorney General's office failed to substantially comply with my August 6, 2008 written request to Governor Sarah Palin for information about the case in the form of emails."

Contact Rebecca Palsha at rpalsha@ktuu.com