The Law that Sarah Palin Did Not Violate

The Alaska Statute known as AS 39.52.180 provides as follows:

“AS 39.52.180. Restrictions On Employment After Leaving State Service.

(a) A public officer who leaves state service may not, for two years after leaving state service, represent, advise, or assist a person for compensation regarding a matter that was under consideration by the administrative unit served by that public officer, and in which the officer participated personally and substantially through the exercise of official action. For the purposes of this subsection, “matter” includes a case, proceeding, application, contract, determination, proposal or CONSIDERATION OF A LEGISLATIVE BILL, a resolution, a constitutional amendment, OR OTHER LEGISLATIVE MEASURES, or proposal, consideration, or adoption of an administrative regulations.

 

It is undisputed that Palin was the Executive Producer of the TLC Show, Sarah Palin’s Alaska.  It was filmed in the summer after Palin’s resignation, which was clearly less than two years after leaving state “service.” She was paid around $250,000.00 per episode. During her short term as Governor it was Sarah Palin who approved the legislation that allowed a tax credit to be given to any company filming in Alaska, and using Alaska residents.  Jean Worldwide received a 1.2 Million Dollar Tax Credit as a result of the legislation that was under consideration by Sarah Palin, and signed into law during her half term as Governor. The Alaska Attorney General has summarily dismissed this complaint saying that “…we do not interpret…the definition of “matter” to preclude all activity for two years involving an enacted law. Once a bill is enacted, consideration of the legislation, the “matter” is concluded.

 

Even people without a law degree can understand this statute and appreciate that it was enacted to minimize the appearance of impropriety. For the Alaska AG to say that this legislation signed into law by Palin was not a “legislative measure” or that she did not consider this “legislative bill” is ludicrous. Moreover there is no time period that limits the actions of the Governor during their term. The only relevant time period is the two years following the end of her term, or in this case her resignation. Thus, Palin was prohibited by statute from accepting any financial remuneration that was derived from the passage of any law during her term as Governor. She could make the reality show, but TLC should not have received a tax credit for it.

 

Here is the complete AP story if you are interested in reading what is reported. Please go to the citations herein and decide for yourself if you think the Alaska Attorney General’s opinion made any sense, or if “Sarah Palin’s Alaska” was chosen as the name of the series because Palin owns government officials in Alaska.