Correspondence in the Files of Alaska Office of the Attorney General from Sarah Palin, Governor of Alaska, 2007 – 2008
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Description of document: Correspondence in the files of Alaska Office of the Attorney General from Sarah Palin, Governor of Alaska, 2007 – 2008 Requested date: 01-October-2008 Released date: 14-October-2008 Posted date: 22-October-2008 Date/date range of document: 28-March-2007 – 24-June-2008 Source of document: Attorney General Talis J. Colberg P.O. Box 110300 Juneau, AK 99811-0300 Tel: 907-465-2133 Fax: 907-465-2075 Email: [email protected] The governmentattic.org web site (“the site”) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file. SARAH PALIN GOVERNOR DEPARTMENT OF LAW LABOR & STATE AFFAIRS /03/ WEST4,h AVENUE, SUITE 200 ANCHORAGE, ALASKA 9950/·/994 OFFICE OF THE ATTORNEY GENERAL PHONE. (907) 269-66/2 FAX (907) 258-4978 October 14, 2008 Re: Request for records from the Office ofthe Attorney General File No. 661-07-0290 In response to your revised request dated October I, 2008, we have reviewed the requested reading files and, accordingly, are providing the following documents. 1. March 28, 2007 memorandum from Chiefof StaffMike Tibbles to Attorney General Talis Colberg regarding Criminal Division Plans (one page) 2. June 11,2007 memorandum from Attorney General Talis Colberg to Governor Sarah Palin regarding Annual Outside Employment or Services Disclosure Due July 1, 2007 (five pages) 3. June 11, 2007 memorandum from Attorney General Talis Colberg to Lt. Governor Sean Parnell regarding Annual Outside Employment or Services Disclosure Due July 1,2007 (five pages) 4. June 5, 2007 letter to Governor Sarah Palin regarding bill review for SCS CSHB 177 (FIN) ( 11 pages) 5. August 9, 2007 fax transmission from Attorney General Talis Colberg to Lt. Governor Parnell ofletter from Senator French (five pages) 6. June 24, 2008 letter from Attorney General Talis Colberg to Linda Perez, Director of the Division ofAdministrative Services, Office of the Governor regarding extension oftime to respond to public records request (one page). Many ofthe documents that you requested are privileged. I have attached a privileged log. In addition to the documents listed in the privilege log, we are withholding documents that are confidential under the Alaska Executive Branch Ethics Act. Those documents are dated: January 2, 2007, January 22,2007, February 7,2007, February 8, 2007, February 21, 2007 and August 31, 2007. October 14, 2008 Page 2 of2 Because we have withheld some infonnation, we provide your appeal rights. They are set out in the attached provisions of2 AAC 96.335 - 2 AAC 96.340. They include the right to administratively appeal complying with the procedures in 2 AAC 96.340, or to seek immediate judicial review of the denial by seeking an injunction from the superior court under AS 40.25.125. An election not to pursue injunctive remedies in superior court has no adverse effects on the rights of the requestor before the public agency. An administrative appeal from a denial ofa request for public records requires no appeal bond. Sincerely, TALIS J. COLBERG ATTORNEY GENERAL By: ~ Toby N. Steinberger Assistant Attorney General Labor & State Affairs Section Michael Ravnitzky's Public Records Request 10/14/2008 Privilege Log Doc. No. Date Author 02/20/07 Attorney General Talis Deliberatative Privilege Executive Colberg Privilege 1994 Fonnal Op. Att'y Gen. I (Nov. 25, 1994 03112/07 Attorney General Talis Chief of Staff Mike Employment Statlis of Dept. of Law employee AS 39.25.080 Colber Tibbles 05/29/07 Attorney General Talis Governor Sarah Palin Proposed bill review Delibertative Privilege Executive Colber Privile!!e 08118/08 Attorney General Talis Governor Sarah Palin Appointment of Independent Counsel Attorney-Client Privilege Colberg Deliberative Privilege Executive Privilege Page 1 MEMORANDUM STATE OF ALASKA DEPARTMENT OF LAw TO: Mike Tibbles DATE: March 28, 2007 ChiefofStaff Office ofthe Governor TEL NO: 465-2133 ,.;:u.:. J&4'•.,... FROM: Talis Colberg , SUBJECT: Criminal Division Attorney General Plans As per our previous conversations, the Criminal Division is developing plans for improving the Kenai, Fairbanks, and Anchorage District Attorneys Offices. Here is the first plan for the Kenai office. I know the Governor had expressed an interest in knowing the status ofthe plans for these improvements. Attachment ,. ( MEMORANDUM State of Alaska Department of Law TO: Sarah Palin DATE: June 11, 2007 Governor FILE NO.: 661-07-0012 TEL. NO.: 269-5279 ~!~ FAX: FROM: Talis J. Colberg Attorney General SUBJECT: Annual Outside Services Disclosure Due July 1 Since I serve as your designated ethics supervisor, I want to remind you that the Alaska Executive Branch Ethics Act requires that all state employees report to their designated ethics supervisors any outside employment or services benefiting their personal or financial interests by July 1 of each year. Although elected to your position, you are considered a public employee under the Ethics Act and must comply with the reporting requirement, if appropriate. However, the Ethics Act also precludes "the head of a principal executive department of the state" from engaging in "outside employment."l The Office of the Governor is a principal department of the state.2 Therefore, as head of that office, you may not be engaged in outside employment. We construe "employment" to have its ordinary meaning. If you render other services that benefit your personal or financial interests, such as sitting as a member of a board for a reason unrelated to your position as governor, and receive any form of compensation, such as per diem, travel reimbursement or other benefit, you would need to disclose those activities. You must also report volunteer or non-compensated work, if there is any possibility that the work might conflict with your official state duties. I have attached a handout answering "Frequently Asked Questions" about these requirements for your information. Reports are made on the Outside Employment or Services Notification form. A copy is attached. The form is also available at http://www.law.state.ak.us/doclibrary/ethics.html. Please forward any disclosure to me for review. I will provide you a copy of an approved disclosure or contact you if I have any concern about the disclosed matter. AS 39.52.170(c). 2 AS 44.17.005. ETHICS DISCLOSURE FORM Outside Employment or Services Notification To: ___________, Designated Ethics Supervisor (Department or Agency) ~n accordance with AS 39.52.l70(b), I am providing notice of my employment or provision of services ifor compensation outside the (agency). 1N0te: You are not required to disclose volunteer work unless it is a potential conflict with your state duties or you receiv~ lany type of compensation, including travel or meals. rrhis employment or service consists of the following (describe in detail, attach separate sheet as needed): !Hours and days of the week _ ~fyou work as an independent contractor or a consultant, please attach a list of your clients. ~ote: If your outside job duties are the same or similar to your State service, or if you will be dealing with people or pntities with whom you deal or may deal as part of your official duties, you must explain why no potential conflict exists between your outside employment and your official duties. If a potential conflict exists, you must refrain from taking any action until it is approved by your designated ethics supervisor. See AS 39.52.210. certify that I will not use or allow the use of any State owned/operated facilities, supplies, equipment, vehicles, or personnel time and effort for any employment outside State service, and that my outside duties will loot affect my usual State duties or duty hours in this Department. I certify to the best of my knowledge that my statement is true, correct, and complete. In addition to any other penalty or punishment that may apply, the submission of a false statement is punishable under AS 11.56.200 - AS 11.56.240. (Signature) (Date) (Printed Name) (Division, Agency) (Position Title) (Location) lRecommendation: __Approve Disapprove (Work Supervisor's Signature) (Date) ___ Approved Disapproved (Designated Ethics Supervisor's Signature) (Date) Designated Ethics Supervisor: Provide a copy of the approval or disapproval to the employee. If the employment is ~isapproved or other action is necessary under AS 39.52.210 please attach a detennination. A copy of the detennination must !be sent to the attorney general at the following address: State Ethics Attorney, Office ofthe Attorney General, Department of fLaw, 1031 West 4th Avenue, Suite 200 Anchorage, Alaska 99501·1994 Updated December 2006 Frequently Asked Questions About Outside Employment and Volunteer Services State employees often have other jobs or businesses and participate in volunteer activities. The State has no interest in these activities unless they are incompatible with or conflict with your state duties. The Executive Branch Ethics Act addresses this concern. 1. Why do I have to disclose outside employment? The Ethics Act requires you to submit an annual disclosure by July 1 and updates as changes occur. You submit your disclosure through your work supervisor to your agency's Designated Ethics Supervisor for review. In this way, we ensure that employee activities are compatible with official duties. 2.