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Old 10-11-2008, 06:16 AM
BeautifulBurnout
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Join Date: Dec 2008
Posts: 2,522
Re: Abandon ship!!! The SS Palin is sinking!
I am fascinated by the spin the Repub Machine is trying to put on this already. From the CNN link:
Quote:
The lawyers representing both Sarah and Todd Palin issued a three-page attack on the investigative report, including the contention that Ethics Act violations can only involve financial motives and financial "potential gain, or the avoidance of a potential loss."
"Here, there is no accusation, no finding and no facts that money or financial gain to the Governor was involved in the decision to replace Monegan," the lawyers said.
Being a lawyuh and all, this is a red rag to a bull, so I dug a little further and found Ethics Statute to which they are referring here.
Quote:
AS 39.52.110. Scope of Code.

(a) The legislature reaffirms that each public officer holds office as a public trust, and any effort to benefit a personal (my emphasis) or financial interest through official action is a violation of that trust. In addition, the legislature finds that, so long as it does not interfere with the full and faithful discharge of an officer's public duties and responsibilities, this chapter does not prevent an officer from following other independent pursuits. The legislature further recognizes that (1) in a representative democracy, the representatives are drawn from society and, therefore, cannot and should not be without personal and financial interests in the decisions and policies of government; (2) people who serve as public officers retain their rights to interests of a personal or financial nature; and (3) 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. (b) Unethical conduct is prohibited, but there is no substantial impropriety if, as to a specific matter, a public officer's (1) personal or financial interest in the matter is insignificant, or of a type that is possessed generally by the public or a large class of persons to which the public officer belongs; or (2) action or influence would have insignificant or conjectural effect on the matter. (c) The attorney general, designated supervisors, hearing officers, and the personnel board must be guided by this section when issuing opinions and reaching decisions.
This report is strong evidence for the Personnel Board that she has gained personal benefit from her role as Governor. Of course, under subsections (b)(2), they may well find that the action or influence would have insignificant or conjectural effect. But I doubt it.

Edit: I wonder how long it will be before we hear that the action with the Personnel Board - the enquiry she was really waiting for because this one had no standing - is a Democrat smear too?
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Last edited by BeautifulBurnout; 10-11-2008 at 06:38 AM.