Personnel board's investigation continues

Troopergate didn't end Friday with Steve Branchflower's report. That was only the Legislative Council's inquiry deciding if Gov. Sarah Palin abused her power in firing public safety commissioner Walt Monegan.

The personnel board is also conducting an investigation, which some say is already slanted in favor of Gov. Palin.

Palin waived her rights to privacy in the personnel board's probe but the investigation will still be conducted in secret because other people involved in the investigation have not waived their rights to privacy.

All of that has one Anchorage attorney threatening to sue.

"When somebody waives confidentiality under the act, that means that everything that happens on the personnel board should be open

to the public," said Meg Simonian, a Democrat who says her concern is more as an Alaskan than as a political activist. "Last week, I wrote to the governor's lawyer and asked him -- since she said she wants this to be open and has nothing to hide -- I asked him if he would join me in this effort to try to make sure the public has a right to know what the personnel board's investigation is."

Thomas Van Flein told CBS 11 News he has the letter and will respond to Simonian after speaking with the Palins.

The governor and her husband are scheduled to testify in the personnel board's probe late next week, according to Meg Stapleton, spokesperson for the McCain Palin campaign.

Simonian says, at the very least, that portion of the investigation - when the Palins testify - should be made public.

Tim Petumenos, the man in charge of the investigation, wrote back to Simonian. He says the governor does not have the right to waive the right to confidentiality for others, which is why Petumenos says his investigation will stay private.

Petumenos tells CBS 11 News, however, that he is "completely independent" and, though the personnel board will review his findings, they will not be involved in his day-to-day operations.

"If the personnel board through Tim Petumenos isn't going to agree to treat her separately and open up the deliberations, then I have to go to court," Simonian said. "Otherwise no one will ever know what happened because it's secret."

The personnel board is ultimately the jury that decides whether any laws have been broken or any ethics rules broken, said Bill McAllister, Palin's spokesman.

It should be noted that the governor appoints members of the personnel board.

"But these are not her people as it were," McAllister said. "These are people appointed by the previous governor."

Gov. Frank Murkowski appointed Laura Plenert, Alfred Tamagni and Debra English, the board chair, who was re-appointed by Palin in

January.

Palin "can't fire the members for any reason," McAllister said. "She can't fire the members because she doesn't like their opinion. The only reason she can fire the members is for cause - malfeasance, dereliction of duty or some other bad act. It can't be because she doesn't like the outcome of the report."

Below are the correspondence between Simonian, Petnumenus, and Van Flein in the order that they occured:

From: Simonian - To: Petnumenus
From: Petnumenus - To: Simonian
From: Simonian - To: Petnumenus
From: Petnumenus - To: Simonian
From Simonian - To:Van Flein

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