Posted on 08/01/2010 6:12:36 AM PDT by theanchoragedailyruse
This is going to be an -- if you can't beat them, then beat them over the head with their own stick commentary.
And by "them," I mean the Parnell ankle-bitters in the Alaska Legislature, Alaska in general and the Left in Alaska who think it cutesy to come up with a political "hail mary" that would cut into Governor Parnell's large lead over his competitors.
The stick I am going to use is actually a stick with three branches.
One branch on the stick is the Alaska Constitution Article II, Section 5:
No legislator may hold any other office or position of profit under the United States or the State. During the term for which elected and for one year thereafter, no legislator may be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while he was a member.
The second branch on the stick is Alaska statute, 24.05.040 and pertains to state legislators accepting positions while being a member of the Alaska legislature:
A member of the legislature may not hold any other office or position of profit under the United States or the state. During the term for which elected and for one year thereafter, a legislator may not be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while the legislator was a member.(emphasis added)
The third branch on the stick is the recent legal opinion written by the State of Alaska attorney general Daniel Sullivan. In his opinion, he basically stated the language is broad.
Bottom line is according to the new legal opinion, former Republican members of the state legislature, Nancy Dahlstrom and Gene Therriault broke "the spirt of the law" by accepting a job offer from Governor Parnell.
Prior to the legal opinion written by attorney general Daniel Sullivan, the Parnell ankle-bitters came out and demanded that Parnell for offering jobs to the former Republican legislators, be hung or close too it.
I had written about it on Red County here.
According to the editors at the ADN, in effect, Parnell broke the spirit of the law.You have to ask, what the hell is the spirit of the law? You either broke the law or you didn't. There are no spirits in the law.
The law is black and white, like typeset on white paper, but the editors at the ADN and Fagan write in a manner that bends the (spirit of the) truth in what one states.
In their whining about Governor Parnell creating a position in his administration and then hiring former Rep. Nancy Dahlstrom, I would like to point out that President Obama hired former Senator Kim Elton to fill a federal position and accordingly the state law that was cited by both Fagan and the ADN, pertains to state legislators, (the federal law and consitution bars federal law makers) and bars a "legislator" from holding a federal job or a state job while in office.
You want to talk about a loophole in the law, you can drive a semi- truck through the loophole in the law when a state legislator is offered a federal job.
And when Obama gave Elton the job, no one was complaining about he or Obama breaking the spirit of the law. Even when there was the impropriety of a quid pro quo on behalf of Obama for Elton's involvement in Troopergate - The Witch Hunt.
Moreover, instead of focusing on what Obama and Elton ginned up, the focus was put on the Palin administration's criticism of Elton and his allegiance to Obama.
When I wrote this, all you heard was crickets.
Here are the facts as reported:
Sen. Kim Elton, who has represented Juneau in the Senate, House and Assembly for nearly two decades, has accepted a position in the administration of President Barack Obama. The 60-year-old legislator will now be dealing with Alaska issues in the Department of Interior.Elton announced his resignation on the Senate Floor Monday morning, and then left the floor and the building. His resignation, he said, was effective the same day.
Elton will be based in Washington, D. C. as Director of Alaska Affairs for Ken Salazar, Secretary of the Department of Interior.
His appointment was praised in the Legislature and welcomed by members of Alaska's congressional delegation, but Gov. Sarah Palin took another jab at Elton, who she had earlier attacked during her vice-presidential campaign.
"Senator Elton pledged his allegiance to President Obama last summer," Palin said Monday in a prepared statement.
Elton, a prominent Obama supporter in Juneau, was named chairman of a committee that investigated Palin's firing of Public Safety Commissioner Walt Monegan last summer. That position was later engulfed in controversy after Palin was nominated to be Sen. John McCain's running mate in the presidential election. Palin then abandoned her pledge to cooperate with the investigation and many Republican lawmakers argued partisan politics were at work.
Elton said Monday he was called by the White House in early January, seeing if he was interested in a job with the Obama administration.
Elton said he told them he might be interested, but "It had to be Alaska-connected."
Then in mid-January, Secretary-designee Salazar called him and said "we want you to come to Washington and work for my office."
The State of Alaska Constitution, the Alaska statute and the recent legal opinion, require that former Senator Kim Elton resign from his job, because both President Obama and former Senator Kim Elton broke the law.
The law states that a legislator is not allowed to accept a federal or state position.
And given what has happened with Nancy Dahstrom having to resign, it is more clear that Senator Elton should have to resign.
Whap.....
Statue of limitations started July 1st, 2010, the day of the attorney general's legal opinion.
Like it will matter. Just add it to the list.
It’s an alaskan thing going on.
Who’s going to stop them? We have a dictator in the WH.
DEM write laws so they dont have to follow them, but if GOP break them, there be hell to pay from the media
First day on the the job for elton. What do you know about sarah palin? We want all the stuff on her now!!! BHO
Why would a law from Alaska, covering State jobs have anything to do with the FedGov?
I am missing something?
The Alaska law covers Alaska legislators and the law prefaces federal positions or state positions.
No different than your play to play or play and get paid scenario.
Blago is a good example. State laws forbid that.
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