Report vindicates Palin

MAT-SU — Gov. Sarah Palin did not abuse her power when she fired former Public Safety Commissioner Walt Monegan, concludes a report from the state’s Personnel Board released Monday afternoon.

The board’s independent investigator, Timothy Petumenos, released his Troopergate report Monday afternoon during a press conference in Anchorage. The report concludes there is no probable cause to believe Palin or any other state employee on her staff violated the Alaska Executive Ethics Act in connection with the firing.

Petumenos’s report contradicts one released in October by the Legislature’s investigator Stephen Branchflower, which Petumenos accuses of being wrong in its conclusions. That report says Palin abused her power by allowing her husband, Todd Palin, and other staff members to pressure Monegan to fire Alaska State Trooper Mike Wooten.

Wooten is Palin’s former brother-in-law.

Palin has the right to fire at-will employees for any reason and has maintained she did not fire Monegan because of Wooten.

Among the findings in Petumenos’s report:

• There is no probable cause to believe Governor Palin violated the Alaska Executive Ethics Act in connection with the employment of Alaska State Trooper Michael Wooten.

• There is no probable cause to believe that any other official of state government violated any substantive provision of the state’s Ethics Act.

• Independent counsel recommends that the appropriate agency of state government address the issue of the private use of e-mails for government work and revisit the record retention policies of the Governor’s Office.

• These findings differ from those of the Branchflower Report because Independent counsel working for Personnel Board has concluded the wrong statute was used as a basis for the conclusions contained in Branchflower’s report.

The Branchflower report misconstrued the available evidence and did not consider or obtain all of the material evidence that is required to properly reach findings, Petumenos said.

Thomas Van Flein, Palin’s attorney, said in a statement that the governor is pleased with the outcome of the board’s investigation.

“The governor is grateful that this investigation has provided a fair and impartial review of this matter and upholds the governor’s ability to take measures when necessary to ensure that Alaskans have the best possible team working to serve them,” Van Flein said.

In response to Petumenos’s finding that the state address the use of private e-mails for state business, Van Flein said the governor’s office is already complying.

“The governor’s office has already begun the process of reviewing policies regarding personal e-mail accounts and will consider Mr. Petumenos’ recommendations,” he said.

For his part, Monegan told The Associated Press he was “perplexed and disappointed” by Petumenos’s report.

“It conflicts with the first investigation and then casts doubts on both of them. So, it doesn’t really resolve anything,” he told the AP. “If it did, then I could walk away. It does seem to fly in the face if circumstantial evidence.”

The state Personnel Board began investigating Palin after she filed an ethics complaint on herself following her selection as Republican presidential candidate John McCain’s running mate. Palin said the Legislature’s investigation, which was approved by a unanimous vote of eight Republicans and four Democrats, became too partisan and amounted to a smear campaign after she was added to the GOP ticket Aug. 29.

The legislative probe, which was released Oct. 10, says Palin had the right to fire Monegan, but also concludes Palin abused her office by trying to get Wooten fired.

Palin has publicly maintained she did not fire Monegan because of Wooten, and has pointed out she initially offered Monegan the position of director of the Alcohol Beverage Control Board, but he declined the job.

Petumenos said that during her deposition given under oath, Palin denied Monegan’s claim — also given under oath — that she had two conversations with him about the trooper, the AP reported.

“Both of those conversations were denied in their entirety by the governor,” Petumenos said.

The board’s findings came on the eve of Election Day, when voters head to the polls to decide who the next president will be.

Some critics are already saying the timing of Petumenos’s report seems suspect since it was released just hours before polls open. Petumenos, however, never publicly stated when his report would come out.

Whether the results of the latest Troopergate probe will have any impact on the election is unclear, but polling numbers following the release of the Legislature’s report show the results largely didn’t affect opinions of Palin.

In a poll from Ivan Moore Research just weeks after the Branchflower Report was released, Palin’s popularity only dropped by one point.

Pollster Ivan Moore said the minimal change means Alaskans had largely made up their minds about Troopergate.

“They didn’t buy the report,” Moore said.

Palin is expected to be back in Alaska today so she can vote at Wasilla City Hall, her polling place. She’ll then fly to Phoenix to join McCain on election night.

Contact Michael Rovito at michael.rovito@frontiersman.com or 352-2252.