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Hush Money? (Updated)

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Hush Money? (Updated)

Did the State pay ousted Public Safety Commissioner Chuck Kopp $10,000?

(Yes they did. Attorney General Talis Colberg admitted this afternoon that Kopp was paid $10,000 for severance pay)

Yesterday I received an email from a unknown reader who asked if I could put them in touch with the special investigator who was hired to investigate the firing of former Public Safety Commissioner Walt Monegan.

His email stated "I have a bit of information for him that he might find interesting in his investigation. It relates to a payment made to Chuck Kopp by the AG's office."

As I stated above, I get numerous emails every day from folks that offer insight to things behind the scenes but this one piqued my interest because of the rapidly changing events surrounding Kopp's departure.

You'll remember when the heat about Kopp's appointment started to escalate, Kopp was quoted in the press saying he had no plans to resign. There was clear public disagreement between Kopp and Palin about who knew what, when.

Kopp stated that the administration was aware of his sexual harassment complaint back in 2006 when he was appointed to run Palin's public safety transition team. Then he said when he was interviewed by Palin's staff last month for the position of Public Safety Commissioner, no one asked him about any actions taken surrounding the complaint, including any letters of reprimand.

The governor, after defending Kopp just two weeks earlier and saying that her administration had investigated the complaint and they found no basis to it, changed her story and said she was shocked and disapointed to learn that Kopp had indeed been issued a letter of reprimand.

The next day, after saying he wouldn't resign, Kopp resigned.

The email

After receiving the first tip about this payoff I mentioned the email casually to someone else.

"I got a pretty bizarre email this afternoon from someone who asked for a way to get in touch with Branchflower. They mentioned something about a pay out to Kopp from the Department of Law.
These times seem to draw out some interesting emails", I wrote.

I was floored when the response was that the payment did occur.

Apparently the DPS was asked by the Gov.'s office to make a $10,000 payment to Kopp when he resigned. This was not salary, defered compensation, or leave. It was, for lack of a better description, a payoff. DPS refused to pay it and I am told the payment was made from DOA or GOV.

I checked the state's online checkbook and can find no sign of the supposed payout but the fact is that $10,000 can be easily hidden in the state's accounting system.

I understand that very few people know about the payment but if it did occur, it still should be easy to track as the check had to have been cashed. Unless of course we've begun handing out $10K in plain envelopes.


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SP and staff

What is SP's top staffer Mike N's involvement in all of this?


State accounting 101

The State of Alaska's Checkbook Online web page overview section says: "Such websites are widely considered to improve transparency into the financial operations of government. Governor Palin supports this trend, and as a result, this website was created." Well, okay, we'll leave the cracks about the transparency theme for another time. I just thought I'd clarify a couple things: The web site shows checks paid to state vendors (which include virtually anyone who does business with a state agency or any person who receives a payment) other than the ones listed on the page that shows the exceptions. http://fin.admin.state.ak.us/dof/checkbook_online/resource/excl_pay.pdf Note the last exception: Warrants processed as confidential. It's not clear whether the payment to Kopp was processed in that way. If it wasn't, it's a public record and you can demand that the agency that requested the payment disclose all the financial references related to it. Now, when you go take a look at this information, take a look at the date the warrant was requested. Then go take a look at the date of the agreement between the governor's office and Kopp. Then go look at the date Kopp was appointed. Then create a timeline of the public statements by Palin and Kopp. Let us know if you notice anything odd about the timeline. In this case, bear in mind one thing: Not one of the major players in this drama has yet to be honest, forthcoming, responsive....or "transparent". Footnote: Even if this payment was processed as "confidential", query this vis-a-vis a possible Freedom of Information request in the event of stonewalling by the agency that requested the payment to issue: Does the release of the "separation" agreement between Kopp and the governor's office nullify any confidentiality? Footnote 2: Is there any precedent for an at-will employee to receive this kind of "severance" payment, especially if it is not shown that there was an actual litigation or administrative proceeding instituted? Footnote 3: If the governor may discharge a commissioner on a moment's notice without cause, under what legal theory did the governor or the AG decide that Kopp was entitled to a single dime? Bear in mind, he was only the acting commissioner, subject to ratification by the legislature at its next regular session. What rights did he have to claim any damage from giving up a job to take a position that was not guaranteed in any way? This is truly the tip of an iceberg. The AG's office should recuse itself from any further involvement, and the legislature should consider requesting an expanded investigation involving, if necessary and appropriate, the FBI or other federal agency such as the U.S. Attorney's office.


Honesty

Well done Mr. Halcro! Alaska owes you a great thanks. Thank you on behalf of me, my generation (I'm a midteenager) and my Alaskan family. I thought Governor Palin was different. She is. Worse.


Kopp Payoff

Andrew you are brilliant. Investigative reporting is totally your niche. Like a dog with a bone! Your tenacious investigating skills are very much appreciated. I as well as many others are pleased that you have made this venue possible for some of us to address concerns on the corrupt manner in which SP handles certain situations. The entire Palin Crisis is quite believable and that should be a concern to all Alaskans. I don't see SP recovering from this scandal anytime soon. She is only a mantelpiece that cannot make rational decisions. Damage Control is pretty much non existent. So Palin 'Up-Chuck'd Kopp and it takes a mere 10k to clean the mess up. Musta been that spicy bowl of moose chili! Poor thing. Geez as I attempt to type this I hear in the background.....'News at 10 on the Palin/Bailey Stink' This is ridiculous, SP is really starting to scare me. She is totally in over her head with this one. The whole affair worsens by the day. So the tape will be made public like tomorrow? The whole thing moves like a Mexican soap opera....loud, fast moving, very little acting and a whole lotta drama! Yeesh. One more thing. Andrew what are your thoughts on the whole impeachment comment made by Hollis French?


Three W

Who, when and why was Frank Bailey recorded brown nosing Sara?


palin press conference

Since everyone's posting their reactions to this afternoon's press conference here, I have to add my reaction to one of her statements. I found it funny that (while acknowleding the existence of Frank Bailey's call to AST) she questioned the timing of its release. More of the typical attack-the-messenger that we have seen so much of from this Governor. My reaction: I don't know about why this didn't come out sooner...perhaps it should have, but the tape speaks for itself. My question back to the Governor is: why didn't you/Todd report Wooten's illegal moose harvest in a more timely manner? What's that old saying about the pot and the kettle?


OK...I had to salute you...


Well, I guess you don't really serve at the will of the governor

It says a lot about Walt Monegan that he didn't ask for a similar "severance" package, even though it was he who was "severed". Kopp's severance agreement is at:

http://media.adn.com/smedia/2008/08/13/16/Document.source.prod_affiliate.7.pdf

So, no big secret any longer. Just further slime that will be hard to wash off.

What will it take for any of the players in this saga to line up and sign the resignation papers (without asking for a golden parachute like some people apparently received)? Sarah, ladies before gentlemen. You can join the ladies, even though you don't act like one.


Baily is going under the bus. ==Splat==

Is there anyone else sick of this woman's lies and drama? Sarah, Bless your heart. When you have to say that just want to be "open and transparent" in the press conference, you just might NOT be either.. Please RESIGN Sarah Unbenounced to YOU, You're INCOMPETENT, UNETHICAL and an Embarrassment to the State of Alaska


Sarah's Quote

I just read ADN's account of the 'discovery' of a taped conversation in which Frank Bailey is asking for the firing of Trooper Wooten. The quote is: "she says the recording may sound as if Bailey was acting on her behalf". Bailey doesn't have a dog in that fight, so why did he get involved? Is he just stupid? He absolutely acted on her behalf. As the Director of Boards and Commissions, he probably has some serious arm twisting power. This taped discovery is so delicious. I do hope there are more. Be sure to get the PDF file of Kopp's Severance Agreement and Release. Obviously, Talis did his homework on this payoff. "This sum is not compensation for lost wages, no payroll deductions will be made from this payment, and the State of Alaska will report this payment to the IRS on a form 1099". Truly Unbelievable.


Par for the course

Unfortunately, and by all accounts, this is nothing new with Bailey. He is the classic blind-loyalist. DO NOT feel pity for this toad. Listen to the phone conversation carefully. He knows he's on dangerous grounds...but goes ahead anyway. If he had a conscience, he'd have never picked up that phone.


Pay-off

Did Monegan get "severence pay"? Kopp got $1,000.00 for each day he "served" as a Commissioner. But, of course, as Palin said today..."Commissioners serve at the will of the Governor". Ergo, no "severence was needed. Yup, "pay-off" is right, indeed. Keep up the excellent work, Andrew!


Frank Bailey "severance package"

How much do you think he'll get paid when she cans him next week?


Thank you, Andrew.

Thank you, Andrew for all you have done to keep government honest, open and transparent. Alaska is a better place, thanks to you.


Thank you from me too!

I agree wholeheartedly. I just hope the stores don't run out of popcorn. This is some great entertainment! Keep up the good work, Andrew!


Blame game

So now she's blaming Frank Bailey for pressuring DPS, but not on her behalf, of course. How much do you think she had to pay him to take the fall for this one?


How much?

Isn't that a question you might want to direct to the Attorney General?


Example of how Sarah will "manage" the investigation

Watch for similar headlines as the Governor finds those loose cannons that took actions she had "not sanctioned." Palin admits administration targeted trooper Anchorage Daily News Published: August 13th, 2008 03:38 PM Last Modified: August 13th, 2008 03:38 PM Gov. Sarah Palin today acknowledged that members of her administration had contact with officials in the Department of Public Safety regarding Trooper Michael Wooten.


Sue McLean=Don McLean=Dairy Debacle!

"We're committed to TRYING TO COOPERATE"...my goodness. Should the AG be elected or appointed? By State, the attorney general is: Elected by the voter=43 Appointed by the governor=5 Elected by the legislature=1 Selected by the Supreme Court=1 According to the State Constitution for the Twenty-First Century, Volume 3, edited by G. Alan Tarr, the following is true: "The attorney general is the state's lawyer initiating suits on the state's behalf and responding to lawsuits filed against the state. When separately elected, this poses no problem as the attorney general has separate elective status to do so, but when appointed by some other elected official or officials, the attorney general status may be compromised. For example, there may be times when the attorney general must take action against the governor for what he or she has done or not done. If appointed by the governor, this ability would be compromised."


Sue McLean=Don McLean=Dairy Debacle!

"We're committed to TRYING TO COOPERATE"...my goodness. Should the AG be elected or appointed? By State, the attorney general is: Elected by the voter=43 Appointed by the governor=5 Elected by the legislature=1 Selected by the Supreme Court=1 According to the State Constitution for the Twenty-First Century, Volume 3, edited by G. Alan Tarr, the following is true: "The attorney general is the state's lawyer initiating suits on the state's behalf and responding to lawsuits filed against the state. When separately elected, this poses no problem as the attorney general has separate elective status to do so, but when appointed by some other elected official or officials, the attorney general status may be compromised. For example, there may be times when the attorney general must take action against the governor for what he or she has done or not done. If appointed by the governor, this ability would be compromised."


follow the leader

Sarah –Why not follow a good example from our great history? Here is the script…. • I have never been a quitter. To leave office before my important work is done opposed to every instinct in my beautiful body. But as Governor I must put the interests of Alaska first Therefore, I shall resign effective at noon tomorrow. • I have impeached myself by resigning. • I played by the rules of politics as I found them. • I let the Alaskan people down. Sarah Palin Here are the footsteps to follow…. • I have never been a quitter. To leave office before my term is completed is opposed to every instinct in my body. But as president I must put the interests of America first Therefore, I shall resign the presidency effective at noon tomorrow. • I have impeached myself by resigning. • I played by the rules of politics as I found them. • I let the American people down. Richard Nixon


Sarah on the Issues (then and[now]}

Remember this from Sarah??? http://www.palinforgovernor.com/issues.html PHILOSOPHY IN GOVERNING - I look forward to building a team[of loyal friends and family from the valley] that will put Alaskans first[well second after me of course]! I believe in fairness[I’m the judge] and inclusion[if you worship me] and will call on the public[you pathetic morons I can buy with a wink and some cash] to work together for Alaska's common good[according to Sarah]. I refuse to use divisive tactics that polarize us for political gain[unless it seems appropriate at the time, however, such tactics are always acceptable under every other circumstance as long as they are being implemented by a fair minded person as cute as me]. As Mayor of Wasilla, the fastest [pot]growing area of Alaska; as President of the Alaska Conference of Mayor; as Chair [or was it couch?] of the Alaska Oil and Gas Conservation Commission; and as a business owner[gill-em, rip-em and flip-em Inc.] and mom, I approached issues with a fair[two for me, one for Todd, none for you], balanced[I’ll tax it all, you give it all and all in all it is balanced], common sense approach[you think they’ll go for this? Better make it $1,200 each.]. I love the challenge[aren’t enough farmers to fill all the state jobs? Oh yah!] of hiring and appointing the best people[most obedient , loyal and grateful the valley’s got to offer] to serve[worship] with me and I will bring this positive approach[ OK anyone disagree? Then no one is fired today!] to Alaska as Governor[dictator]. In building a public service team[eunuchs of obedience], my commitment to my home state[Wasilla] is to always put Alaskans[Palins and the Heaths] first[ second, third and fourth] and never allow special interests[ unless I think their special enough or own lactating cows, goats or sheep, OK and sled-dogs too] to take advantage of us[me]. I know that government has its place [behind me or under my feet], and it should be limited[to what I say]. My focus is on education[ wish I had time to get some], public safety[I’m pack-in a gun and Todd’s gotta gun too], infrastructure and access to our resources[through decades of litigation]. As manager of our vast public resources[locked in an uncertain web of fanciful legal confiscatory maneuvering] , the Governor must act as an effective CEO[catty-executive-oppressor]on behalf of all Alaskans [you know which ones I love]in negotiating the best deals[without ever negotiating] for the state, and I am prepared to tackle[anyone that gets in my way] that challenge[even if I leave Alaska a desolate wasteland in the process].


How do we get a $10,000 check?

Andrew: Can you please find out how we can qualify for the same $10,000 that Palin gave Kopp, since we are all equal under the law and since there sure as heck isn't any provision in state code for her to give someone $10,000. Even if the Palins maintain it's for moving expenses (which they haven't yet, as he probably hadn't moved and it wouldn't cost that much to move to Anchorage from Kenai), state procedure is always for a receipt to be provided from a contractor, and then the contractor is paid directly.


Could this be a federal offense?

Witness tampering is harming or otherwise threatening a witness, hoping to influence their testimony. In the United States, the crime of witness tampering in federal cases is defined by statute at 18 U.S.C. § 1512, "Tampering with a witness, victim, or an informant". The punishment for such an offense is up to 20 years if physical force was used or attempted, and up to 10 years if physical force was only threatened. The tampering need not have actually been successful in order for it to be criminal. § 1512. Tampering with a witness, victim, or an informant (a) not relevant (b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to— (1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to— (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings; shall be fined under this title or imprisoned not more than ten years, or both. (c) Whoever corruptly— (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from— (1) attending or testifying in an official proceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings; (3) arresting or seeking the arrest of another person in connection with a Federal offense; or (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than one year, or both. (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully. (f) For the purposes of this section— (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege. (g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance— (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant. (h) There is extraterritorial Federal jurisdiction over an offense under this section. (i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred. (j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.


Transparency at the speed of

It is more exciting to watch glaciers grow than Palin answer questions. One would think that transparency would move at the speed of light. Perhaps they sent the response in a transparent font color. Andrew, have you tried changing the font color?


State "Online" Checkbook

Good Morning Andrew-- I was wondering if you could send me a link to the state's online checkbook register you mentioned in your blog regarding the Kopp payoff. Maybe even post it in your "Alaska Links" section of your page. Thanks, Ed

http://fin.admin.state.ak.us/dof/checkbook_online/index.jsp


state checkbook

Unfortunately the online checkbook only shows the most completed fiscal year ending in June 08. If the $10k was paid in July or August it may not be "available" on the public checkbook for several months, or even as late as next July/Aug. That would have been very convenient and long forgotten if it had been kepy quiet that long.


checkbook

It also states that some payments may be confidential....which I am sure they would qualify a payoff as confidential.


Online checkbook

Andrew, correct me if I'm wrong, but it looks like the checkbook only runs through the end of June. Kopp didn't resign until July 25th. Unless I'm missing something (which is ALWAYS possible), the check wouldn't have been paid out until the end of July so it wouldn't show yet. I wonder when they'll post July?

...Linda, good point and I missed the timelines during my search.

It is now 1pm and I have had no response from Sharon in the governor's office from the email I sent last night around 9pm asking if the payout happened. Am still waiting for an answer.  AH


impeachment? Now it makes sense

After watching the Lt Gov run a lackluster campaign for the US House seat (against Don Young and Gabby Ledueax in the Aug Primary) it makes complete sense. He has watched this entire thing from the sidelines for many mmons and has probably said to himself, "why go to DC when I may be Gov very soon?" It will be intersting to see how and when he decides to throw the Gov under the bus when he sees the throne within his grasp. And you know that the Legislature is likely to go along with it because they may think one of them stands a very good chance of being selected/appointed as the new Lt Gov to fill that empty slot. It will be intersting to watch things unfold as the "dream team" begins to tear itself apart.


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