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The state of Tom Van Flein's state contract?

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Last week, Governor Palin's lawyer Tom Van Flein was quoted in the Anchorage Daily News as saying that his "firm last Friday terminated its state contract, worth up to $95,000, to represent the governor's office."

Not true.  The contract wasn't cancelled.

Van Flein has a written contract with the State of Alaska.  Like all such contracts with the State, it has provisions governing termination.  Termination requires notice to the State, typically in writing.

According to my sources, Van Flein did not provide notice of termination to the state, either in writing or orally.  If one was to ask either Van Flein or the people in the Department of Law responsible for managing his contract to provide you with a copy of his notice of termination they will be unable to produce one.  It doesn't exist.

If confronted with this, I imagine Van Flein will say there was some "confusion" or "miscommunication" between him and the state.  But he's the only one who seems to be confused.

The people in the Department of Law weren't confused.  When he said that his contract had been terminated it was very much in force, and the people in the Department of Law responsible for administering his contract didn't have a clue what he was talking about. 

Someone should check to see if the contract is still in force today.


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Law or lawlessness

This has gone way beyond the Keystone Kops stage. You would think there is a gaggle of teenagers running the state. The Palin crowd is acting as if there are no consequences for their actions, no lie is too outlandish, any excuse will do, the Palinbots will believe anything.


Where's Talis?

So where is Talis Colberg? When is he coming back? Who is left in charge? What's up with his sudden departure? Was it politically motivated?


Consent to Private Representation

If the "State of Alaska" is Van Flein's client he would need to consult with the State and obtain its consent before representing Sarah and Todd as private clients. That appears to be the requirement of the Alaska Rules of Professional Conduct Rule 1.11 and others. You should check with the Alaska Bar Association on its interpretation of this Rule as applies to these facts.


Is Van Flein getting paid by the State?

Is Van Flein getting paid by the State to represent Todd Palin?


The Anti-Christ

Is the Anti-Christ male, female, a political party?


Why would you expect the truth?

The Palins and their representatives from the McCain campaign have told one lie after another, so it is not surprising that there is yet another one. First Colberg has a conflict, then he doesn't. Forst Palin is going to cooperate, then she isn't. First the people of Alaska run their own state; then the Palins turn it over to the McCain campaign.


Have you seen the informal

Have you seen the informal Attorney General opinion, 1994 Alaska Op Atty Gen (inf) 223, 1994 WL 869572. Says the state can not pay for defense of an ethics act complaint. So the state can't pay Van Flein to argue that the complaint sarah filed against herself should be dismissed. 1994 Alaska Op. Atty. Gen. (Inf.) 223, 1994 WL 869572 (Alaska A.G.) Office of the Attorney General State of Alaska File No. 663-94-0289 June 3, 1994 Indemnification and defense of board members in Ethics Act investigations John Klepper Chair, Board of Marine Pilots Your predecessor, Bob Watt, requested an opinion on whether the State would defend and indemnify a board member who is the subject of an Ethics Act complaint arising from the good faith performance of the member's official duties. We informed Mr. Watt that the State could not provide a defense or indemnification to board members in Ethics Act investigations. This memorandum confirms that advice. The Executive Branch Ethics Act, AS 39.52, applies to both state employees and members of boards and commissions. AS 39.52.960(21). The Ethics Act, in broad effect, prohibits a public officer from using an official position for personal gain. See, e.g., AS 39.52.120. Ethics Act complaints against current or former public officers may be filed by any person with the attorney general. AS 39.52.310(b). If a complaint is in the proper form and alleges facts which, if true, would constitute a violation of the Act, the attorney general will investigate the complaint. AS 39.52.310(d). If the attorney general determines that there is probable cause to believe that the subject of the complaint committed a knowing violation of the Act that cannot be corrected, the attorney general shall initiate formal proceedings against the subject of the complaint. AS 39.52.350. If the subject admits to violations or, after a hearing, the personnel board determines that violations have occurred, the personnel board may impose penalties. AS 39.52.350(d); 39.52.410; 39.52.440; 39.52.450. The potential penalties for a nonsalaried board or commission member include fines of up to $5,000 for each violation, removal from the board or commission, restitution, and repayment of twice the benefit realized from the violation. Actions taken by the board or commission in violation of the Ethics Act may be declared void. A public officer who is accused of an Ethics Act violation will not necessarily have to defend him or herself in a hearing before the personnel board. The attorney general may dismiss the complaint, may refer the matter to the officer's designated ethics supervisor for resolution, or may recommend corrective or preventive action. AS 39.52.310; 39.52.320; 39.52.330. A public officer may seek private legal counsel at any time during an Ethics Act investigation. No section of the Ethics Act, however, provides for indemnification or defense of public officers, whether public employees or members of boards or commissions. Although the State will defend and indemnify a board or commission member when the member is sued for damages arising out of the good faith performance of a duty or official function, see, e.g., AS 08.02.020; Memorandum from Assistant Attorney General Gary Amendola to Board of Marine Pilots (Sept. 19, 1990), a complaint under the Ethics Act is not a suit for damages. See Black's Law Dictionary at 389 (6th ed. 1990) (defining “damages” as “[m]oney compensation sought or awarded as a remedy for a breach of contract or tort.”). *2 In sum, an expense incurred in defense of an Ethics Act complaint, or any penalty levied as a result of that complaint, is the responsibility of the public officer who was the subject of the complaint. The State will not provide a defense or indemnification for actions under the Executive Branch Ethics Act. Stephen C. Slotnick Assistant Attorney General 1994 Alaska Op. Atty. Gen. (Inf.) 223, 1994 WL 869572 (Alaska A.G.) END OF DOCUMENT


Nicely done!

It's truly amazing the amount of information that the attorneys involved with Palin DON'T know, have forgotten or are just blatantly ignoring - if you review the Rules/opinions issued by the State Bar Association - they debunk the statements made by Van Flien and Colberg - particularly with regard to the bias assertion - Rule 2.3. Evaluation for Use by Third Persons. (a) A lawyer may undertake an evaluation of a matter affecting a client for the use of someone other than the client if: (1) the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer's relationship with the client; and (2) the client consents after consultation. (b) Except as disclosure is required in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by Rule 1.6. (SCO 1123 effective July 15, 1993) “A legal evaluation should be distinguished from an investigation of a person with whom the lawyer does not have a client-lawyer relationship. For example, a lawyer retained by a purchaser to analyze a vendor's title to property does not have a client-lawyer relationship with the vendor. So also, an investigation into a person's affairs by a government lawyer, or by special counsel employed by the government, is not an evaluation as that term is used in this rule. The question is whether the lawyer is retained by the person whose affairs are being examined. When the lawyer is retained by that person, the general rules concerning loyalty to client and preservation of confidences apply, which is not the case if the lawyer is retained by someone else. For this reason, it is essential to identify the person by whom the lawyer is retained. This should be made clear not only to the person under examination, but also to others to whom the results are to be made available.” Branchflower is retained by the legislature not in the capacity to prosecute or initiate legal action, but as an investigator in a capacity to investigate the Palin administration. As such or held to be aware - He is not subject to the client/attorney rules concerning conflicts of interest or attorney/client privilege or communications. Additionally, the “partisan” complaint can not be held to apply to the evidence obtained by the investigator as he obviously will be reporting on factual, substantiated evidence in his report – and if there is nothing incriminating or that would substantiate the allegations, Palin and McCain should have nothing to fear from getting the investigation done…..


BUMMER

...it's a shame YOU don't work in the AG's office. Let's all take a vote on nominating A. Nonymous to the vacant attorney general seat; starting salary shall be everything we were about to pay Van Flein PLUS $20k for each subsequent ethics violation pursued against the administration -couple months and you could retire!


W-T-F

Is there a Palin type head of government plus operatives like Colbergh supported by skitzos like Van Flien in every city, in every state in the union across the Nation? OR has someone like J.EdgarH come back from the dead as Palin to claim this State as their own domain and simply cast an evil spell that ordinary Alaskans are susceptible to; including especially our State law makers and our state employees? Palin....and those around her getting away with this type of conduct over and over and over like this for years can not be explained away as a phenomenon. And the wickedness The Palin's have given birth to and the vo-doo the Palin Cult People [PCP] are so skilled at and getting away with has moved into the realm of...BEYOND SCARY. The PCP can not be excused rationally by saying this is "politics as usual". OFFICIALLY Whatever is going on I feel like I personally need to take my family and go underground. I am afraid we may get infected by watching, reading or listening to what ever is coming next from the PCP's. Clearly though; reading your Blogs and responses there are others like me who are not under the spell or influence of the PCP's; yet. But the power of the PCP is undeniable. And unexplainable. Is there a non-partisan effort being organized to take back our State I need to know of?


Hold Palin Accountable Rally this Saturday

The details are being hammered out right now by a newly formed group, Alaskans for Truth, Alaskans that means everyone who is outraged by what is happening here in our state government as it relates to the unethical conduct of our Attorney General, the infiltration of the McCain Campaign in our local and state Government and Ed O'Callahan's unwelcomed and unlawful intrusion into the Alaska Dept. of Law. He is on record as saying he is offering legal advice and counsel yet he holds no license to practice law in this state! Stay Tuned. CC


Rally on the Park Strip!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

SATURDAY, SEPTEMBER 27TH, NOON-2:00 SPEAKERS BRING YOUR SIGNS!!!! PARK STRIP! LET' DO AS THE PALIN ASKED....."HOLD ME ACCOUNTABLE!" YOU GOT IT SISTER!


GO PALIN GO!!!

GO PALIN GO!!!


Alrighty then. I will be there!

Thanks for the heads up CC. The Palin Cult People [PCP's]need to be held accountable. Thanks for the heads up CC.


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