ANALYSIS OF THE LEGISLATIVE COUNCIL INVESTIGATION OF WALT MONEGAN’S REASSIGNMENT
October 10, 2008
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EXECUTIVE SUMMARY
Introduction Beginning in October 2007, Governor Sarah Palin and members of her administration repeatedly clashed with Department of Public Safety Commissioner Walt Monegan, a member of her cabinet, over budgetary issues and department direction. On July 11, 2008, after multiple efforts to reach a consensus had failed, Governor Palin offered Mr. Monegan a new position as head of the Alaska Alcohol Control Board. Mr. Monegan declined the offer and was dismissed as a result.
In the following months, this straightforward personnel decision would be muddied with innuendo, rumor and partisan politics. The facts, however, have not changed: Mr. Monegan, who under the Alaska state constitution serves as an at-will appointee at the pleasure of the Governor, chose to ignore the direction, principles and policies of the Palin Administration. Unable to understand and accept the administration‘s policies, to comply with established interagency processes, or to execute goals, Mr. Monegan failed to effectively perform his duties as a member of the cabinet and head of the Department of Public Safety (DPS).
The following analysis will further outline and highlight the multiple acts of insubordination and repeated budget clashes that led to Monegan‘s dismissal. The report
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will also discuss the questionable origins of the Legislative Inquiry and why Governor and Todd Palin were right to express their concerns over Trooper Mike Wooten.
Governor Palin’s reform agenda. Governor Palin came into office in 2006 on a platform of reform, budget discipline and agency oversight. Governor Palin directed her agencies to embrace this policy and work with the Office of Management and Budget (OMB) to cut costs while still meeting important department goals.
Monegan’s failure to understand and accept administration policy. Mr. Monegan proved unable to follow the policies of the Palin administration and pressed his own agenda without regard for the formal budgeting process. Emails show a pattern of Mr. Monegan refusing to take administration direction and ignoring attempts by members of Governor Palin‘s staff to reach a working consensus on budgetary issues.
Monegan’s failure to comply with established interagency processes. Mr. Monegan worked outside and around the administration, lobbied for funding that was not approved and ignored policy goals that the DPS was expected to meet.
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Monegan’s failure to meet Administration goals. Mr. Monegan‘s dismissal was based on his repeated refusal to execute the Palin Administration‘s vision on budgetary matters and the direction of the Department of Public Safety.
In the months following Mr. Monegan‘s dismissal, theories behind his dismissal have arisen, including one pushed by a longtime critic of Governor Palin. On July 16, Andrew Halcro, a former state representative defeated by Governor Palin in the 2006 gubernatorial election and author of a vehemently anti-Palin blog, met Trooper Mike Wooten for drinks at a three-and-a-half hour meeting at the Sheraton Hotel bar in Anchorage. (Governor Palin‘s sister had been the third of Wooten‘s four wives.) Later that evening, on his blog, Halcro originated the notion that Monegan was reassigned due to his refusal to fire Wooten because of Wooten‘s rogue behavior, which is chronicled below. Halcro was the first person to suggest this theory. The following document will prove Walt Monegan‘s dismissal was a result of his insubordination and budgetary clashes with Governor Palin and her administration. Trooper Wooten is a separate issue.
It is worth noting, however, that the Palins had good reason to raise concerns about Trooper Mike Wooten. Trooper Wooten has a long history of unstable and erratic behavior, including drinking beer in his squad car, killing moose illegally, using a taser on his 10-year-old stepson and threatening to kill a member of the Palin family. These events are not mere allegations, nor are they limited to the Palin family; in 2006, a formal review by the director of the Alaska State Troopers formally concluded that Wooten had
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engaged in these acts of misconduct, imposed punishment, and stated that a civilian found to have committed the same acts would have received criminal sanctions. Understandably concerned about a pattern of behavior demonstrated by someone entrusted with the responsibilities of law enforcement, the Palin family reported the behavior to the appropriate authorities, and continued to express concern about Wooten‘s continued patrol assignment of their neighborhood and claims of being above the law due to his trooper status.
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I.
Monegan Inquiry from the Beginning The accusations at question in the Monegan inquiry were raised first not by Walt
Monegan, but by an anti-Palin blogger and then echoed by representatives of the Public Safety Employee‘s Association (PSEA). The circumstances surrounding the controversy, including the involvement of Trooper Mike Wooten himself, raise significant questions about the veracity of the claims against Governor Palin.
On July 11, 2008 Walt Monegan departed the Department of Public Safety (DPS) after refusing the Governor‘s offer of reassignment to a new role as executive director of Alaska‘s Alcohol Beverage Control Board. Monegan‘s initial comments in the press gave no indication that he felt this reassignment was related to Wooten. In fact, he told the Anchorage Daily News the next day, ―If the governor was upset with me for one thing or another, it had never been communicated to me.‖1 But, privately he was more candid. In a farewell e-mail sent to fellow commissioners on July 12, he acknowledged that he had not done a good enough job communicating with the Governor and urged other commissioners to ―choose a different path.‖2 Out of respect for Walt Monegan, the Governor chose to not publicly highlight the shortcomings that led to his dismissal. However, in an interview with the Anchorage
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Kyle Hopkins, ―Out Of The Blue, Top Cop Monegan Gets Palin's Axe,‖ Anchorage Daily News, 7/13/08 Monegan fairwell e-mail to commissioners, 7/12/08
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Daily News that same day, John Cyr, executive director of the Public Safety Employee‘s Association (PSEA), noted the disagreements over budget issues.‖3 The accusation that Monegan‘s reassignment was related to the continued employment of Trooper Mike Wooten did not come until later that week following a series of events that cast doubt on the credibility of the accusations.
On Sunday, July 13, 2008, two days after Walt Monegan left DPS, Governor Palin‘s sister, Molly McCann, drove to the apartment of Ms. McCann‘s ex-husband, Trooper Mike Wooten, to pick up the children over whom they shared joint custody. In violation of a court order, Trooper Wooten refused to return the children to Ms. McCann. The confrontation escalated. Trooper Wooten challenged Ms. McCann to call 911 saying no one would come. She did call authorities who did not come. But, after a supervisor for Wooten intervened by phone, the children were released to Ms. McCann. The next day, Monday, July 14, Wooten arrived at Ms. McCann‘s house to drop off one of her children after soccer practice. While there, Trooper Wooten told Ms. McCann, ―You guys are going down. Get ready for the show."4 Andrew Halcro, one of Governor Palin‘s general election opponents and a former state representative known for his vehemently anti-Palin blog, received Trooper Wooten‘s cell phone number from an unnamed person. On Wednesday July 16, Mr. Halcro met Trooper Wooten for a meeting over drinks that spanned three and one half
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Kyle Hopkins, ―Out Of The Blue, Top Cop Monegan Gets Palin's Axe,‖ Anchorage Daily News, 7/13/08 Kyle Hopkins, "Halcro Chronicles," Anchorage Daily News, 8/18/08
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hours at the Sheraton Hotel bar in Anchorage.5 Later that night, Mr. Halcro posted on his blog the first accusation that Monegan‘s reassignment was related to Wooten. Walt Monegan was apparently the last to know. The next morning, the Anchorage Daily News reported that Walt Monegan ―still does not know, though, why he lost his job.‖6 That same day, Wooten‘s union, the PSEA, held a press conference to complain that Wooten was treated unfairly.7
The next day, Walt Monegan acknowledged contacts from the administration about Wooten and downplayed the allegations, "I don't know that it's all of it. ... I worked at the pleasure of the governor," he said in an Anchorage Daily News article published Saturday, July 19, 2008.8 The following Tuesday, July 21, 2008 Senator Hollis French and Walt Monegan appeared on a radio show together and talked about getting an aggressive prosecutor to prove the existence of "a complex crime.‖ Soon after, Senator French and Legislative Council Chairman Senator Kim Elton established the Legislative Council‘s inquiry into the matter and named Senator French its ―project director.‖
The Politicization of the Legislative Council Inquiry The Legislative Council‘s inquiry was approved on the condition that it would objectively examine the facts at ―arms length‖ from politics. Governor Palin, who has
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Ibid, ADN, 8/18/08 Megan Holland, ―Palin Denies Accusation Over Firing Of Monegan,‖ Anchorage Daily News, 7/18/08 7 Kyle Hopkins, "Halcro Chronicles," Anchorage Daily News, 8/18/08 8 Megan Holland, ―Monegan Says He Was Pressured to Fire Cop,‖ Anchorage Daily News, 7/19/08
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made the highest ethical standards her hallmark, initially agreed to cooperate with the inquiry under the understanding that it would be an unbiased investigation aimed at getting to the truth. However, in the ensuing days and weeks, repeated public comments by Democratic Alaska State Senator Hollis French, the manager of the inquiry, raised serious doubts that the investigation would be handled in an impartial way. Those comments accelerated after Governor Palin was named the Republican Vice Presidential nominee. In an interview with ABC News, Sen. French revealed that he already had views about the results of the investigation – even before it began. He told ABC that the report would ―likely be damaging to the Governor‘s administration,‖ and alluded to ―an October surprise.‖9 Given comments like these, the Governor could no longer hope that the inquiry was to be the non-political investigation promised. Raising further concern are the links between members of the Legislative Council and the Presidential campaign of Senator Barack Obama. A total of five Council members, including Senator French and Council Chairman Kim Elton have endorsed Barack Obama. As a result, six Legislative Council members wrote Legislative Council Chair Kim Elton demanding that he reconvene the Council to inquire into French‘s objectivity, but even after acknowledging the politicization of the inquiry and raising the possibility of reconvening the Council, Elton never followed through.
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Brian Ross and Len Tepper, ―‗October Surprise‘ Over Palin Investigation,‖ ABC‘s ―The Blotter‖ Blog, www.abcnews.go.com/Blotter, 9/2/08
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II.
Why Walt Monegan Was Reassigned The record demonstrates that the reason Mr. Monegan was replaced by the
Governor was his steadfast refusal to honor the governor's budget priorities and consistent subversion of the formal departmental channels to pursue his own initiatives that were inconsistent with administration policy. This escalating pattern of insubordination, refusal to comply with the directives he received from members of the Governor‘s budget staff, and his reticence toward implementing Administration policy on fiscal and budget matters reached a crescendo in July 2008. As a political appointee who served at the pleasure of the governor, Mr. Monegan was appropriately replaced under these circumstances. October 2007 Mr. Monegan's refusal to pursue the Governor's policy objectives in the Department of Public Safety surfaced as early as October 2007, when DPS was involved in formulating a 10-year strategic plan. That planning process was intended to be closely integrated with other state-wide planning and budgeting processes coordinated by the Office of Management and Budget (OMB), the agency tasked with overseeing interdepartmental resource allocation and expenditures. As demonstrated in numerous emails that document Mr. Monegan‘s confrontations with members of the Governor‘s budget staff, however, Mr. Monegan made clear that "[r]ather than plan to a budget, we want to budget to a plan." (Ex. C, PB0003). OMB Director Karen Rehfeld was "stunned"
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at Monegan's approach. (Ex. B, PB0002). In an October 18, 2007 communication to senior budget officials, Mr. Monegan acknowledged that this approach was at odds with the Governor's budget priorities, stating that he "understands that funds can and will become tight(er)."(Ex. C, PB 0003) In response, OMB Director Karen Rehfeld made very clear that the Governor "does not want to increase the budget/position count -- this is going to be a real balancing act." (Ex. C, PB 0003). And, with that, the stage was set for an internal disagreement over budget priorities that would escalate for the next eight months. December 2007 Notwithstanding the Administration's concerns, Monegan unilaterally orchestrated a press conference on December 6, 2007 pushing "his" budget priorities. The press conference was conducted by Colonel Audie Holloway of DPS and Senator Hollis French, the ―Project Director‖ later appointed to oversee the Legislative Council inquiry into Mr. Monegan‘s replacement. This press conference seemed to be timed to undermine the Governor‘s public announcement of her budget measures, which was scheduled to take place four days later.
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January 2008 By early January 2008, Mr. Monegan's vision for expanding the DPS and its operating budget came into more direct conflict with that of the Administration. Dissatisfied with the Administration's budget priorities and the formal interdepartmental budgeting process, Mr. Monegan again struck out on his own. On January 29, 2008, Randy Ruaro, then-special assistant to the Governor, reported to Ms. Rehfeld that Mr. Monegan was circumventing the normal interdepartmental channels for budget requests. Among other things, Mr. Ruaro observed that "the more we can redirect Walt [Monegan] and Audie [Holloway of DPS] to work through Dan [Spencer] [DPS, Administrative Services Director] the better. I get the sense that because Dan voices an opinion that may not be exactly what they want to hear, they start going around him." (Exh. D, PB0005.) In an effort to encourage Mr. Monegan to work within the formal budgeting process, Ms. Rehfeld requested that he submit formal estimates to OMB for DPS projects, cautioning Mr. Monegan that "there are significant challenges already with keeping to the governor's overall spending goals." (Exh. E, PBOOIO.) Ignoring this directive from the state's top budget official, Mr. Monegan quipped that he only wanted "to fight just one of you at a time... ok?" (Exh. E, PBOOlO.) Sensing that his actions were at odds with Administration objectives, Mr. Monegan asked Ms. Rehfeld if he or DPS "caused you concern." Rehfeld responded, "yes," and asked: "What can we reasonably do to tackle some of these very difficult issues and still maintain the budget discipline the governor is committed to?" (Exh. E, PB0009.) Despite the Administration's repeated calls for budget discipline in the
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major state agencies, Mr. Monegan continued to press his own expansive agenda without regard for either the formal budgeting process or the Governor's clear policy priorities. February 2008 In February 2008, for example, Mr. Monegan sent a letter to the Governor supporting a $1.8 million increase in the state budget for the Anchorage Community Land Trust, a line item the Governor previously had vetoed. (Exh. F, PB0012.) Ms. Rehfeld was "stunned and amazed" and subsequently admonished Monegan for sending the letter, explaining that this type of public statement by a sitting cabinet member would likely frustrate the Administration's efforts to achieve its budget objectives with the Legislature. (Exh. F, PB0012.) As Ms. Rehfeld explained: "I expect we will see your letter appear as justification for funding to be included in the capital budget as the legislature makes changes to our budget, which is a bit awkward. Bottom line is, let's talk about this rather than writing letters to the governor.‖ (Exh. G,PB0014.). Mr. Monegan's February 2008 letter on the Anchorage Community Land Trust issue only highlighted growing concerns about his willingness to coordinate his agenda with that of the Administration. March 2008 In March 2008, Mr. Ruaro and Ms. Rehfeld agreed that it was critical for the departments to coordinate their agendas internally before making any public announcements: "I have spoken to Walt, [DPS Deputy Commissioner] John Glass, and Audie [Holloway] about working through Issues internally first several times. Mike
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Nizich has spoken with them, and COS has spoken directly with ... Commissioner [Monegan]." Referring to DPS, Ruaro explained that "[t]hey seem to just not want to accept that concept."(Exh. G, PBOOI3). OMB Director Rehfeld voiced similar concerns about Mr. Monegan's efforts to increase trooper recruitment without first coordinating with the Division of Personnel, stating that she "wouldn't want DPS getting out in front without knowing how this impacts the other agencies given that the governor is not inclined to want to 'grow' government." (Exh. H, PBOOI5.) In response, Mr. Ruaro explained that this type of unilateral action by Mr. Monegan had "been the problem for the last 6 months," and that he did not believe DPS was "working with anyone but themselves and maybe Megan Peters from Channel 2 and Hollis French when it comes to pay raises and the need for more troopers." (Exh. H, PB0015) (emphasis added).] Mr. Ruaro further noted his repeated efforts to have Mr. Monegan coordinate DPS planning and budgeting activities with the other departments had come to naught: "I have told them 4-5 times to work with OMB first. Mike [Nizich] talked to them as well." (Exh. H, PB0015.) May 2008 Again in May 2008, state budget officials worried that Mr. Monegan would publicly release a new DPS study to gain public support for his initiative to add "a net 25 new troopers each year for 5 years" without first discussing the budget implications of such a proposal with the Administration. (Exh. I, PBOO17-19.) Mr. Ruaro noted that this type of initiative "cannot be done in isolation." (Exh. I, PB0018.) Ms. Rehfeld agreed: "I
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have told Walt, Audie, and John Glass not to work this way. It doesn't seem to sink in very well. Is working through the recruitment and retention group, then OMB and getting Governor approval on budget issues BEFORE going public a topic that could be mentioned at the next cabinet meeting without directing it only at DPS?" (Exh. I, PB0018.) June 2008 On June 26, 2008, Mr. Ruaro reported that "Walt [Monegan] and DPS want to make a trip back to DC....to see if the [Alaska Congressional] delegation could provide assistance to get funding" for a new statewide sexual assault initiative run by his Department of Public Safety at an estimated cost of $10 million to $20 million dollars per year. (Exh. J, PB0020.) According to Ruaro, the Governor previously had made clear that she "did not want this to move forward until after DPS had presented her all the estimated costs and a plan for how it would be funded." (Exh. J, PB0020.) The Governor also wanted to review whether DPS was to house such a program. Ms. Rehfeld was incredulous at Monegan‘s refusal to work within the internal approval process, stating: This is exactly the type of program that needs to be discussed internally - If the governor decides that we should go down this road and that we understand the impact on the other agencies involved, and the cost of sex offender treatment or whatever else needs to go along with this - we would be considering this in our budget for FY2010 and requesting federal earmark dollars to help. Is Walt trying to seek existing competitive grant funds through a federal agency for this project? (Exh. J, PB0020)
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July 2008 On July 7, 2008, Mr. Ruaro reported to a group within the Office of the Governor, including the Governor's special counsel John Katz, that Mr. Monegan did not have "OMB's approval to pursue this plan" and that, nevertheless, Mr. Monegan had made the plan "at least partially public by talking to the delegation on previous trips (Liz Cannell) and reps of certain native organizations." (Exh. M, PB0027.) Mr. Katz warned of "two problems" with Mr. Monegan's proposed Washington trip: The first is that we don't have internal alignment, and that's always a prerequisite to bringing an issue to DC. Second, a request for funding at this time is out of sequence with our other appropriations requests and could put a strain on the evolving relationship between the Governor and Senator Stevens. (Exh. M, PB0026.) By July 2008, these twin problems had become synonymous with Mr. Monegan's work at the department. On July 11, 2008, following eight months of insubordination on the budget issue, Mr. Monegan was terminated. At no time did Monegan ever assert that he was "pressured" to act unethically. At no time did Monegan ever report an ethics violation, as mandated by law, for any executive branch employee who believes an unethical act has been committed. As the top law enforcement officer of the state, Monegan was well aware of his legal duty in that regard. As this record makes clear, there was nothing improper about replacing Mr. Monegan as public safety commissioner. As a political appointee, Mr. Monegan served at
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the pleasure of the Governor and was duty-bound to execute the Governor's policy objectives. After eight months of repeatedly ignoring the Governor's budget priorities, making public statements that directly challenged the Governor's policy agenda and taking numerous unilateral actions in conflict with the Governor in support of his own policy agenda, his replacement in July 2008 should have come as no surprise. Governor Palin has consistently explained that it was Monegan‘s refusal to be a team player and his clashes with members of her staff over budget priorities that led to his reassignment. At a press conference on August 13, 2008 Governor Palin said just that: ―Commissioner Monegan just didn‘t turn out to be a team player on budgeting issues. While I attempted to reign in state spending he was making statements about the need to increase funding. In cabinet meetings, I do expect my commissioners to make their case but then to support decisions that are made so that we can all move forward together to serve the state. This is something that Mr. Monegan just did not chose to do moving forward.‖
III.
Concerns About Trooper Wooten
As Todd Palin has stated in the interrogatory responses submitted to Stephen
Branchflower and Senator Hollis French, it is an established fact that the trooper at the heart of the Monegan inquiry – Mike Wooten – threatened the public safety. On March 1, 2006, Colonel Julia Grimes, the Director of the Division of State Troopers, issued a
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report finding that Mr. Wooten had used a Taser stun-gun device on his ten-year-old stepson, had drunk beer both before and during the operation of his marked State Trooper patrol car, and had illegally shot a cow moose without a permit. (See Letter from Col. Julia P. Grimes, Division of Alaska State Troopers, dated March 1, 2006 (―Grimes Report‖).) Colonel Grimes‘s official report on behalf of the Alaska State Troopers concluded that Mr. Wooten‘s misconduct was ―grave‖ and ―demonstrate[d his] lack of judgment and a profound disrespect for the responsibilities of a law enforcement officer.‖ (Id.) While two of Colonel Grimes‘s findings related to conduct involving the Palin‘s extended family, one did not. The Grimes Report recounted an incident involving Adrian and Marilyn Lane, who are not related to the Palins. As Colonel Grimes reported: In June/July 2004, you stopped at the home of acquaintances of yours, Adrian and Marilyn Lane. They live in your same subdivision and on one occasion you pulled your marked trooper vehicle into their driveway. According to the statement of Adrian Lane, you walked into their garage, engaged in some social conversation and then went to a refrigerator located in his garage and helped yourself to a beer. Mr. Lane stated that he saw you drink the first beer and then state that you had to go, but that before you left you helped yourself to a second beer. He said you opened the beer and got into your marked trooper vehicle carrying the beer and drove away. (Id.) Reviewing the totality of the circumstances, the Grimes Report noted that Mr. Wooten‘s ―unacceptable conduct appears to have continued and even escalated,‖ and ―clearly indicates a serious and concentrated pattern of unacceptable and at times, illegal activity occurring over a lengthy period.‖ (Id.) Noting that ―a civilian investigated under similar circumstances would have received criminal sanctions,‖ Colonel Grimes imposed a suspension that was ―meant to be a last chance to take corrective action.‖ (Id.)
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In 2005 and early 2006, State Trooper Mike Wooten was the subject of a courtimposed Domestic Violence Protective Order. Some of this violent behavior, including a death threat, was directed at Governor Palin‘s sister Molly McCann (who was divorced from Wooten in 2006), Governor Palin‘s daughter, nephew, and father-in-law. Concerns about Wooten‘s behavior were by members of the Palin family and others before Monegan ever took office as Commissioner of Public Safety. There is absolutely nothing improper about lodging concerns about Trooper Wooten with Monegan or his predecessor—complaints about State Troopers are supposed to go to the Commissioner. Nor is there anything wrong with Mr. Monegan or his predecessor receiving information about threats specifically directed at the Palin family. Threats of violence against a public official, and his or her family, fall within the responsibilities of the Department of Public Safety. The Department of Law website gives specific instructions to the public to raise trooper misconduct concerns with the Commissioner of DPS. In addition, the Palins were specifically given the same instruction by the Governor‘s security detail to inform Mr. Monegan about their concerns with Trooper Wooten. Todd Palin was concerned about the lack of diligence from the Alaska State Troopers in the investigation as part of the issuance of the Domestic Violence Protective Order. The investigating PSEA trooper would selectively take notes and turn off the interview tape when he interviewed Governor Palin‘s daughter Bristol and the Governor. Troopers initially failed to interview many of the key witnesses: the Palins had to retain a
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private investigator in order to conduct interviews to preserve witness accounts of Trooper Wooten‘s misconduct. Todd Palin was not aware of the Grimes Report until July 2008, after Monegan left the government. The DPS never informed the Palins that Wooten had been disciplined. All the Palins knew is that Trooper Wooten would repeatedly tell Ms. McCann that no one would ever punish him because he was a trooper, and that Trooper Wooten continued to be assigned to patrol the Palins‘ neighborhood, even after he had threatened to kill Sarah Palin‘s father. In 2007, Todd Palin was in the Yetna River area, where he often spent time practicing snow machine racing, Mr. Palin saw Trooper Wooten operating a snowmachine—even as he claimed to the Alaska State Troopers that he was fully disabled and unable to work. This typically dishonest disregard of the law offended Mr. Palin, and he offered photographs of Wooten‘s snow-machine use to the appropriate authorities. Wooten also went on a spending spree during his fourth divorce, buying all sorts of expensive toys; then, instead of paying his debts honestly, he filed for bankruptcy, and left local businesses unpaid.
IV.
CONCLUSION The Palins make no apologies for wanting to protect their family and wanting to
bring attention to the injustice of a violent trooper keeping his badge and abusing the workers‘ compensation system.
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The Palins are right to be concerned about the fairness of the Legislative Council investigation. The Governor has consistently demonstrated, in statements and through documents she has made available, that she reassigned Mr. Monegan because of legitimate policy differences and disputes over the budget. It is tragic that a false story hatched by a blogger after drinks with Trooper Wooten led the legislature to allocate over $100,000 of public money to be spent in what has become a politically driven investigation.
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