Sarah Palin filed her final POFD (Public Officer Financial Disclosure) on time according to APOC (Alaska Public Offices Commission) rules.
However, Palin has proven herself to be selective as to which rules she chooses to follow and how completely she follows them.
For example, we've seen nothing "disclosed" nor have we heard anything about Palin's AK Fund Trust (for which her website is still collecting money) since the summer revelation that Investigator Daniel found Palin cannot spend the Fund Trust without probably violating a pesky Statute or two. While the Personnel Board is a separate issue from APOC, it is still important to note that the Board IS NOT following the Executive Branch Ethics Act. How do we know?
...the attorney general shall initiate formal proceedings by serving a copy of an accusation upon the subject of the accusation. The accusation shall specifically set out the alleged violation. After service, the accusation is a public document open to inspection. Except as provided in AS 39.52.370(c), all subsequent proceedings are open to the public.
1) Palin "blew off" Investigator Daniel in July. By sometime in August, he should have "served a copy of an accusation" upon Palin. If he had, the Personnel Board would no longer be able to hide behind the "confidentiality" claim, as all further proceedings would be public.
2) If Palin and the Board, as Debra English may have hinted they were trying to do during the last Personnel Board Meeting, had reached a "settlement," that too would become public information and would have required an announcement.
According to the ADN, Kristan Cole (fund trustee) did not respond to their questions. Back in July, she said the fund would be "frozen" until the legal issues were "resolved."
Readers may remember that an East Coast lawyer did an exhaustive analysis of the "trust agreement" that Palin's people have out for inspection on the AK Fund Trust website:
There is NOTHING in the official purpose of the AFT related to legal defense or legal proceedings or ethics complaints. In fact, the purpose of the trust is for any expense at all incurred by Sarah Palin "as a result of the fact that she is Governor . . . or as a result of the performance of her duties as Governor." Those are the only limitations instilled by the purpose clause.
So the purpose of the AFT is to collect money for...basically anything and everything, short of overt criminal activity. This includes legal expenses, of course, along with everything else under the sun. It also covers her family and staff, as well as "any other person determined by the Trustee."
Like I said, the Personnel Board is a separate issue from APOC. However, Why was this trust not listed on her APOC Financial Disclosure?
Trusts valued at more than $1,000 must be identified on the Public Officer's Financial Disclosure (POFD). Palin didn't bother to list a Trust containing hundreds of thousands of dollars designated for her and her family's personal use.
So, what is the future of this debacle?
It seems the Personnel Board is paralyzed, I'm guessing by fear: Palin won't budge and give up the money and they are loathe to drag her as a national figure back to Alaska for a hearing that could forever damage any political aspirations. After all, she keeps making those erroneous claims that she cleans up corruption. (Also, it seems that everyone and their friggin' cat thinks that Palin is going to "take them with her" when she makes it big.)
The AK Fund Trust faces other hurdles. Again, according to legal analysis:
The AFT's purpose, as ambiguous as it may be, is clear about one thing - the purpose was set up for Palin "as Governor." As soon as she resigns, the trust loses its purpose. Even if she drags her feet and says that the funds are being used for expenses "as a result of" her being Governor, that excuse will only last for so long. For example, even if she says that moving expenses and consulting lawyers about new ethics complaints and a hiring a masseuse to relieve her stress all resulted from her actions as Governor, eventually, at some point in the future when her excuses run out, the AFT will have to be dissolved and the funds donated. I originally thought that Cole could just set up a new trust; but according to the trust language, the funds would have to be given away to charity.
So, since she is no longer Governor, they will have to dissolve the Trust and donate it to charity. However, I doubt they can do anything with the money until the legal issues are "resolved."
And now we have a brand new business reported on the Disclosure form and started by Palin/Stapleton--"Pie Spy, LLC." Paperwork claims it will be a "marketing business" geared towards "Services for the Elderly and Persons with Disabilities."
I have speculated all along that:
1) Palin quit when she found out she couldn't access the AK Fund Trust in order to start making money to pay her legal debts
2) Palin has absolutely no intention of letting go of that money whether or not it's legal, because,
3) If the Personnel Board does not move forward, she can just let the money sit there for a very short statute of limitations of two years (from July 26th)...and;
4) She can simply donate the Trust to whatever "friendly" 501C3 happens to be around **coughSamaritan'sPursecough** who would probably be only too willing to make donations to a business geared towards "the elderly and disabled." 501C3 donations are not public information.
Unless, of course, they can actually turn the LLC into a 501C3.
Of course, this is only speculation...
(next installment...Sarah Palin's letter to APOC contradicts her Financial Disclosure form.)
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