The Mudflats

If there’s one thing that Sarah Palin did during her brief try-out as Alaska’s governor, she showed us where the leaks were. I’ve compared her short time in office to the rental of one of those “blower doors” you can rent and attach to an open door of a building to show you where the leaks are. It basically “sucks the air out of the room” (not unlike the ex-gov herself), and you can put your hand up to light switches or the edges of windows, or outlets and feel a stream of cold air coming through.

One of those streams of cold air revealed by the Palin administration came in the form of email accounts. The state is set up nicely with an email system that has the suffix .gov. Any emails ending in .gov are used to keep a record of state business as part of the public record. It’s our government after all. Remember that “of the people, by the people, for the people” stuff?   Well .gov emails belong to US. And that’s why they’re not supposed to be used for partisan political purposes, or campaigning for your next term in office. And you really shouldn’t be on there talking about fantasy football, or sending steamy messages to your date last night, or talking about the Oscars. During work hours, you’re supposed to be doing the people’s work. And those emails on the .gov account don’t really belong to you and are subject to disclosure to the public via records requests.

That’s why people do personal business on their personal email accounts. But what about running government business on a personal account? What about pipeline negotiations, or board appointments, or accounts of what happened in meetings, or budget issues, or things that people may need to look up at some time in the future?   What about the public, who wants to know what their public officials are talking about, or doing with their time, or what was said on a particular issue like game management, or mining, or oil and gas, or taxes, or any other legislation?  And what about the historical record?  What if you, as a member of the public, fill out a public records request to find out information about something, and you’re told there’s nothing there. And what if there really is something there, but it’s been discussed on an email exchange between Governor@hotmail.com and AttorneyGeneral@mosquito.net? Or Commissioner@yahoo.com and Mayor@gmail.com?

That’s what Andree McLeod was worried about when it came to light that Sarah Palin was doing business with administration officials outside of the state email system. It came to national attention during the early days of the McCain Palin campaign, in September of 2008. That’s when we got the news that a hacker had gotten in to then Governor Palin’s private Yahoo! account, where it was very obvious she’d been doing business.   Other than the fact that a Yahoo! account sounds less than gubernatorial, and is less than transparent, security can also be a problem. All the hacker had to do, was to answer the super-secret “only she would know” question to reset the password. Ready for the question?

Q. Where did you meet your husband?
A. Wasilla High

And that was that. When choosing a security question, it’s usually a good idea not to make it something to which the answer can be looked up in a recently published biography, and that you’ve discussed openly in interviews.

I don’t know what that scene must have been like – the young hacker, sitting in his dorm room, like Matthew  Broderick in War Games, cracking his knuckles, staring at the screen and typing in “Wasilla High” [enter] BINGO! I’m sure it was a thrilling and terrifying moment for the young hacker. The Holy Grail on the first try.

I’m sure  David Kernell, University of Tennessee student and son of long-term Tennessee state legislator Mike Kernell (D) now thinks it probably wasn’t such a great idea. 

[He] faces a four-count indictment accusing him of stealing Palin’s identity, improperly accessing her personal e-mail account, allowing at least one other person to access it and trying to wipe from his laptop evidence of his alleged crimes.

Back in Alaska, government watchdog Andree McLeod sued, saying that it should be illegal for the people’s business to be conducted on private email accounts.  Today, Judge Patrick McKay refused to reconsider his ruling stating that it was not forbidden for state business to be conducted on these accounts.  Material on state business should be submitted for archiving, he said, but the rules allow for some interpretation. Room for interpretation.  Hmmm.  It’ll have to be hammered out in the legislature, apparently.

“We realize that under the current law, e-mails that should be preserved can disappear, thus hiding ‘bad motives,’ but it is not this court’s role to overturn an unambiguous, properly enacted law,” McKay wrote.

McLeod’s attorney, Don Mitchell, said Thursday morning that he’d been out of town and hadn’t reviewed the decision. He has said McLeod could appeal to the state Supreme Court.

The attorney for a University of Tennessee student accused of hacking into the account on Wednesday challenged search warrants in the case. Wade Davies, attorney for David C. Kernell, questioned a magistrate’s authority to issue search warrants for Internet companies outside Tennessee.

McLeod and her attorney Don Mitchell are now considering whether to appeal the decision to the Alaska Supreme Court.

And while an army of Palin devotees lauds this ruling as having come down in favor of the almost-one-term ex-governor, the current governor Sean Parnell (R), has at least said:

When executive branch employees conduct state business through email they must, whenever feasible, use the state’s electronic mail system. In some circumstances, employees may need to use, or may inadvertently use, private email accounts to conduct state business….

This statement may prevent future government business from being Palinized, escaping the state’s archiving process, and slipping away into the Yahoo! cyberspace black hole – at least whenever it is “feasible.”  He, unlike the perennial Palin cheering squad, may realize that this isn’t actually a McLeod v. Palin death match.  It’s about issues of transparency and accountability that affect all Alaskans, regardless of political partyaffiliation.  So, until this can be addressed in the legislature, we can hope for ‘feasibility’ – at least until the end of Parnell’s term.

Other questions of legality will be addressed in a courtroom in Knoxville, Tennessee later next month.  That’s when alleged victim Sarah Palin will take the stand and give testimony under oath.  This ought to be interesting.  I wonder how many attorneys out there wish they were Wade Davies, the Tennessee attorney who will be the one asking the questions.  Sources who know say she may be in for a rough day.

Kernell’s defense attorney, Wade Davies, wants Palin to bring any documents relating to that account – when it was opened, how it could be accessed and why and who was allowed to use it.

“I don’t want to get in the position where at the last minute there are questions about whether (subpoenas) were properly delivered,” Davies told U.S. Magistrate Judge Clifford Shirley on Wednesday when seeking the legal OK to electronically serve witnesses, including Palin.

Federal prosecutors have insisted Davies’ records request of Palin is a veiled fishing expedition. Shirley will hear more about the subpoena debate at a March 24 hearing.

So, grab your Sharpies and circle March 24 on your political calendar.  And then circle April 20.  That’s the day of the trial. More news on the Alaska side of this story as it develops.

Last week, the Alaska Board of Game voted 4-3 to open the Northeast periphery of the Denali National Park and preserve to wolf trapping. What this means is that an area around the National Park, referred to as a “buffer zone” no longer exists. The buffer zone was put into place to help preserve the wolves that live in the park and are a huge draw for tourism and wildlife photographers. In recent years, pack leaders wandered out of the park and fell victim to trapping, raising the hackles of wildlife organizations, conservationists, residents who love wildlife, and the tourism industry.

And now, thanks to the challenged decision-making of our new governor (who is much like the old governor on this issue) the tourism boycott has begun.  Thanks a lot, Governor Parnell.  I’m sure business owners across the state are really excited about this, especially since the economy has already reduced tourism by double digits last summer.

The buffer zone helps to keep these Denali wolves alive, because, frankly, wolves don’t really know where the park boundary ends, and where they need to be to stay safe. These packs, which have been studied since the 1930s, have a natural range and it doesn’t exactly conform to the boundary of the park.  And now the northeast periphery, which was formerly a protected area, is open for trapping thanks to this vote by the Board of Game.

The decision swings in the opposite direction  of what park authorities had asked for. The federal authorities had recommended expanding the buffer zone to protect the wolves that wander outside the park’s boundaries. Those particular wolves are the ones typically seen by busloads of tourists who visit the park every summer.

The wolf population is the lowest it has been since 1987, park authorities say. While they don’t know for sure why the numbers have plummeted, they say there has been trapping pressure on the animals.

There are about 70 wolves left in the 6-million-acre park.

Let’s look at this 4-3 vote.

Sometimes the best way to understand a vote, is to understand the votER.  So, let’s hunker down and learn about the latest appointment to this board, one of those on the “4″ side that voted to remove the buffer zone and increase the trapping of wolves.  Governor Sean Parnell recently appointed a man named Al Barette of Fairbanks to the Board.  Mr. Barette has an interesting history.

He retired from the military in 1993 because of an injury, and now lives in Fairbanks with his wife and three children.  He’s also a business owner.  But his kind of business is not the kind of business that will feel the pinch when environmental and wildlife groups expand the boycott on Alaska travel because of this decision.  He owns the kind of business that thinks this decision is just swell.

He owns the Fairbanks Fur Tannery – the first commercial tannery in Alaska.  He started it in 1993 and business is good, but of course it will be better soon.  Here’s a picture of Mr. Barette on the job.

Then, in 2002 he purchased another business – The Alaskan No. 9 Trap Company.  And, believe it or not, they manufacture The Alaska Wolf Trap.   Business prospects are looking good for that one too.

One of his favorite things to do is to teach young, inexperienced trappers how to do it better, and is often seen discussing equipment and tactics “over the counter” at the Alaska Fur Tannery.

And he is so dedicated to wolf elimination, he was even the recipient of the very first permit to shoot one from an airplane, after then Lt. Parnell’s poorly worded ballot initiative permitting the practice passed.  Thousands of Alaskans, myself included, voted the wrong way on that initiative because it was worded so poorly.  A cynic might say that the obfuscation was deliberate.  Voters had voted against the aerial hunt twice before but this time it passed.

But surely, there are two sides to every story.  Granted that tourists will suffer, and the wolves of course, and wildlife photographers, and those in the tourism industry, and small business owners who will feel the pinch of tourism boycotts…  But someone has to benefit from this other than just Board of Game member Al Barette who will be able to sell more traps, and tan more hides.  There are others who benefit. See my emphasis below.

Alaska wildlife advocate Rick Steiner called the Denali decision a slap in the face to the park service and to its visitors who come to the park to see, among other animals, a wolf.

“It’s an outrageous decision,” he said. “The Board of Game placed the interests of three or four trappers on the eastern edge of Denali over the interests of hundreds of thousands of visitors to the park, and countless public comments from Alaskans asking not only to maintain the existing buffer but to expand it.”

He said the economic impact of the tourists that the wolves draw to the state make wolves “worth orders of magnitude more alive than dead.”

The interest of three or four trappers AND the interest of the man who cast the deciding vote to eradicate the buffer zone.  Conflict of interest?  Sounds like it to me.

Once again Alaskans are caught up in the epic battle of the hunters.  On the one hand are the wolves who bring tourists to the park and are worth their weight in public relations gold.  They have to eat, and they have the misfortune of liking to eat the same things we do.  On the other hand are those for whom the Alaska wilderness of their dreams is nothing more than a moose and caribou farm with us the only predator.  It’s good for people who like to eat wild game, yes.  But the big money comes from those who  come to Alaska, kill something, and leave.  And so the state may as well stack boards with those who can make a pretty penny off trapping.  It’s a win-win situation for them, and a lose-lose situation for the wolves and those who derive joy and economic benefit from keeping them alive.

It’s time to elect a new governor.  Before you cast your vote in November, find out what your candidate thinks about the current mission of the Board of Game, and find out if they are appalled by the current conflict of interest that exists on the Board, and the administration’s war on tourism and small business.

While waiting to cast your vote, feel free to let the governor know how you feel about this.  And remember, the wolves of Denali National Park belong to ALL of us, wherever in the country we live.  So, even if you’re not in the state, you have a stake in this.

Governor Sean Parnell – http://gov.alaska.gov/parnell/contact/email-the-governor.html

CALL  907-465-3500   FAX: 907-465-3532

PLEASE ALSO CALL YOUR REPRESENTATIVES AND TELL THEM NOT TO CONFIRM BARETTE’S APPOINTMENT. More details on this story to come.

Here’s the latest in a long and unfortunate line of items I like to refer to as “Sarah-phernalia.” Behold the bobble head. I’ve seen others before, but never one all decked out in camouflage, and never one that’s quite so proud of its packaging.
 

Product Description

If you thought the Left was terrified of Sarah Palin, wait till they see her like this. Decked out in camo and strapped with a rifle, this sculpted, hand-painted, 7-inch doll represents the former governor’s refreshing refusal to care about pleasing the political and press establishments.

While the Sarah Palin Bobblehead Doll is moving her head, will it be liberals shaking at the sight of this one-of-a-kind collectors’ item?

The answer is pretty obvious: “You betcha!”

Shipped securely in custom box to prevent breakage.

Product Details

In stock and ready to ship

7″ tall

Base reads- Sarah “You Betcha” Palin

Comes in custom printed box and clamshell

Hand painted and sculpted

Wearing camouflage with hunting rifle

Shipped securely in custom box to prevent breakage.

Well, the best news of all is that it used to sell for a mere $39.95 but now, YOU can get it for the low low price of only $22.95.   Operators are standing by!  Now you can terrify a liberal with this clamshell packaged, custom printed, gen-yoo-wine Palin bobblehead in its own box!  Yes, the lefties will be shrieking in terror and sobbing into their little pink hankies when they get a load of seven-inch Sarah in her glossy three color custom box with real printing, designed perfectly to fit the actual bobblehead that comes inside!  Don’t delay.  Act now!

Linda Kellen Biegel is the proprietor of the Blue Oasis blog and has done an outstanding job of following up on many issues involving ethics complaints, ethics legislation and how we can hold our elected officials accountable to us, the people who elected them.

While it takes effort to participate, and give testimony, and maintain contact with your legislators, the price of apathy is too high.  Thanks to Linda for doing all the work required to understand what’s going on, and sharing it with the rest of us.  We owe her a debt which is easily paid by participating to make the system better for everyone.

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Alaska Legislature – Public Testimony Today Regarding Changes to the Alaska Executive Branch Ethics Act

By Linda Kellen Biegel
A couple of weeks ago, I did a post on the three bills proposed by members of the Legislature to supposedly “fix” problems with the act.  As I discuss in the post, two of the bills, HB 254 (Rep. Bob Lynn) and HB 263 (Rep. Mike Doogan) try to make things more confidential by having complaints dismissed if the complainant exercises his/her free speech rights by even stating that they have filed one.  The bills fail to address a much more pressing problem…that the Governor has hiring/firing authority over the very Board that is supposed to hold him/her accountable.

I share a list of reasons why those bills are a bad idea:

1)  In Alaska, the general public is not permitted to ask the Attorney General/the Department of Law for an official “decision” on an ethics issue.  It can only be done by certain Government Employees, a public officer or their legal representative.  The only way the general public can get a LEGAL RULING from the State of Alaska on an issue of ethics is to file a complaint.

2)  Ethics complaints from the general public against public officers are based on public information, not employment records, etc., to which the general public does not have access.  As there is no airing of information made confidential by Alaska Statute, there is NO REASON for the process not to be completely public.

3) During my experience with the complaint process, I constantly heard the meme from the Palin camp that “If these were ethics complaints against a legislator, mentioning them to the media would have them thrown out.”

According to an amendment to the Legislative Code of Ethics, yes that is true, for now. (covered in number 4)

However, there is a really big difference in how the Legislative Ethics Committee is selected:

The ethics committee has nine members: two senators, two representatives and five public members. The committee is divided into a House Subcommittee and a Senate Subcommittee for the purpose of considering most complaints. Elected officials, who serve two-year terms, are appointed by the leadership of the appropriate body with the concurrence of two-thirds of the full membership of that house. The public members, who serve a three-year term, are selected by the Chief Justice of the Alaska Supreme Court and ratified by two thirds of the full membership of the legislature.

as opposed to the appointing/firing authority of the Governor over the Personnel Board.

The current Board has repeatedly demonstrated unprofessional behavior towards the public, has stalled on holding Palin accountable for The Alaska Fund Trust, and there is a tendency of their hired guns to obfuscate and ignore legal precendent in their decisions.

4)  As I read the Attorney General’s conclusion, the two House Bills in the Legislature right now could actually violate free speech rights if taken to court.  This could even indicate that the Legislative Ethics provision for complaint dismissal could possibly be thrown out if a case ever makes it to court.

5) I mentioned The Alaska Fund Trust earlier.  I have checked into it and STILL nothing has happened with the case or it would have been made public.  Did anyone notice that if the report had not been leaked to the public, we would never know that THE ALASKA FUND TRUST IS A POTENTIAL ETHICS VIOLATION (if she spends it)?

What’s the Personnel Board waiting for, the two-year statute of limitations to be up on ethics violations so Palin can spend the money?

To me, this is the single-largest piece of evidence that there are MORE PRESSING problems that need fixing with the Executive Branch Ethics process than a lack of confidentiality.

Perhaps…maybe…a lack of accountability?

Today, there is Public Testimony regarding the proposed changes to the Executive Branch Ethics Act:

(H)ADMINISTRATIVE REGULATION REVIEW JOINT COMMITTEE *Feb 08 Monday 3:00 PM CAPITOL 17

+  (9 AAC 52) Proposed Regulations Relating
to Executive Branch Ethics (TELECONFERENCED)

— Public Testimony —

+  (15 AAC 55.280 – 15AAC 55.811) Proposed
Regulations Relating to Oil and Gas Tax
Credit and Heating Value of Gas (TELECONFERENCED)

– Public Testimony –

Executive Session

Anyone can participate in the teleconference at one of the Legislative Information Offices (LIOs) across the state.  Click on the link to find one near you, if you don’t live in Anchorage or Fairbanks:

Anchorage Legislative Information Office
716 W 4th Avenue, Suite 200
Anchorage, AK 99501-2133

Main (907) 269-0111
Fax: (907) 269-0229
TDD: (907) 269-0260
Anchorage_LIO@legis.state.ak.us

Fairbanks Legislative Information Office
1292 Sadler Way, Suite 308
Fairbanks, AK 99701

Main(907) 452-4448
Fax: (907) 456-3346
TDD: (907) 456-5076
Fairbanks_LIO@legis.state.ak.us

If you cannot participate in the teleconference, here are the members of the Administrative Regulation Review Joint Committee.  Please send your comments to each of them (click the links for their email addresses).

CHAIR:  Representative Keller
VICE-CHAIR:  Senator Olson
MEMBER: Representative Gatto
MEMBER: Senator Kookesh
MEMBER: Representative Guttenberg
MEMBER: Senator Meyer