Legislative leaders said that in cases like this, a violation of the ethics law would typically be resolved by the state Personnel Board. However, that chain of events is complicated by the fact that the panel is conducting an inquiry of its own. Ms. Palin has pledged to cooperate with that investigation.
http://www.nytimes.com/2008/10/11/us/politics/11trooper.html?pagewanted=2&ref=usMs. Stapleton added that the governor “feels absolutely vindicated” because the report concluded that Ms. Palin was acting within her legal authority when she “reassigned” Mr. Monegan. On July 11, he was told by the governor’s acting chief of staff that Ms. Palin wanted him to head the state Alcoholic Beverage Control Board, and that she wanted to take the public safety agency in a new direction.
In an e-mail statement, Ms. Stapleton said the report showed that the investigation was a “partisan led inquiry run by Obama supporters and the Palins were completely justified in their concern regarding Trooper Wooten given his violent and rogue behavior.”
Minutes after the report was released, the Obama campaign sent an Associated Press article in an e-mail message to reporters, with the subject line, “Palin ‘unlawfully abused her authority.’ ” It contained no other comment.
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Mr. Branchflower based his finding of abuse of power on Alaska’s Executive Branch Ethics Act, which was established to “discourage executive branch employees from acting upon personal interest in the performance of their public responsibilities and to avoid conflicts of interest in the performance of duty,” the report says.
It says, however, that “Governor Palin’s firing of Commissioner Walt Monegan was a proper and lawful exercise of her constitutional and statutory authority to hire and fire executive branch department heads.” It cites the Alaska Constitution, which says “the governor may discharge department heads without cause.”