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Palin Returns Donations To Settle Ethics Complaint; Begins New Defense Fund
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June 25, 2010 1:14 p.m. EST
Topics: government, politics, public officials, election, political candidates, crime, law and justice, inquiry, United States
Kris Alingod - AHN News Contributor
Juneau, AK, United States (AHN) - An investigator hired by the Alaska Personnel Board has found that a defense fund set up by former Gov. Sarah Palin while she was in office was illegal. Palin has agreed to settle the complaint by returning donations received while she was governor, but she has launched a new legal defense fund.
Attorney Tim Petumenos said in a report that Palin's Alaska Fund Trust violated state ethics law because it presented itself as the "official defense fund" of the sitting governor and described its website as "the official website" of Palin.
"The Ethics Act's purpose is to discourage public officers from acting upon personal or financial interests in the performance of public responsibilities, and any effort to benefit fa personal or financial interest through official action or status is proscribed, " Petumenos said in his report.
Petumenos said his investigation found that the reason for the language was to distinguish the fund from trusts that had questionable legitimacy.
However, he said "there were many ways to do it other naming this trust the "official" fund of a sitting governor" and that doing so "violate[d] the Ethics Act proscription of the use of one's official position to raise private funds."
The independent counsel also said Palin's appointment of a fellow public official, Kristan Cole, as trustee to administer the fund, violated the law. "Using a public official as trustee of a private trust, to raise private money for a public official's private benefit, [and] who is chosen by the beneficiary herself" violated state law, he said.
Palin, who appointed Cole to state boards and commissions, is the sole beneficiary of the trust.
Petumenos acknowledged that Palin had followed the advice of her lawyers in the way the fund was set up and run, and that she "in good faith sought.... an attorney whom she considered competent." In addition, Palin fully complied with ethics law by refusing to take any donation from the trust after the complaint was filed.
The complaint was filed April 2009 by a former supporter of Palin, Kim Chatham, an Air Force veteran and Alaskan resident.
Palin has agreed to settle the complaint by returning nearly $400,000 worth of donations made to the trust before she resigned on July 26 last year.
Cole said in a message on the trust's website that a new fund, the Sarah Palin Legal Defense Fund, has been created to accept donations to help Palin pay her legal expenses.
"These false and malicious political attacks cost Sarah Palin money to defend against," Cole said. "It is a shocking miscarriage of justice to have the investigator conclude... that a governor in that position can’t raise money from the public to help defray these costs... Alaska law specifically allowed Governor Palin to personally and directly solicit donations up to $150 each with no public reporting and she could have personally solicited donations in excess of $150 if she reported them and did not use her public office to do so."
The FAQ section of the website says, "The trust fund is being created to assist Sarah Palin, her family, and staff in paying legal expenses and costs incurred from previous investigations as well as future complaints filed."
The 2008 GOP vice presidential nominee, Palin stepped down from office a year and a half before her first term as governor ended. She had explained that her decision was because the 15 ethics complaints against her was taking up state resources.
Before her resignation, the Alaska legislature had found Palin guilty of "abusing] her power by violating Alaska Statute 39.52.110(a) of the Alaska Executive Branch Ethics Act."
Palin had been accused of firing Alaska's public safety commissioner, Walt Monegan, because he refused to dismiss a state trooper. The trooper, Michael Wooten, had been engaged in a bitter custody battle with Palin's sister.
The state legislature said in its "Troopergate" report that Palin had the authority to dismiss the public safety commissioner, but said the governor "knowingly permitted" her husband "to use the Governor's office and the resources of the Governor's office, including access to state employees, to continue to contact subordinate state employees in an effort to find some way to get Trooper Wooten fired."
A potential 2012 White House contender, Palin is credited with renewing enthusiasm for the GOP when she was chosen to be the running mate of Sen. John McCain (R-AZ).
She attracted massive crowds at rallies during the 2008 presidential race, but later suffered falling ratings following negative reports about the ethics complaints against her.
Critics had said she falsely claimed to have opposed a controversial project called “the Bridge to Nowhere,” and tried to stifle the three-month long investigation into her dismissal of Monegan. Moreover, financial disclosure reports revealed that the GOP had spent $150,000 on clothes, accessories and make-up for her during the campaign.
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