Gene Therriault, in a resignation letter dated Wednesday, said the “political turmoil” generated by Parnell detractors over his hiring last year has become a distraction and potential detriment to the governor. Parnell, who took over when Sarah Palin resigned as governor, is seeking election this year.
“While I believe any judicial review of the circumstances surrounding my hire will be decided in favor of the administrative action we took in good faith, the debate over this issue should not divert Alaskans’ attention from the important matters we have been working on,” Therriault wrote.
His resignation is to take effect Aug. 2. A Parnell spokeswoman said the governor did not ask Therriault to step down.
Therriault resigned from the Legislature last year to take the $109,000 a year job as an energy adviser to Parnell, who took office last summer. But his hiring drew renewed scrutiny earlier this month, when Attorney General Dan Sullivan acknowledged shortcomings in the legal analysis and advice his department gave Parnell on hiring another former lawmaker, Nancy Dahlstrom, for a newly created position as military affairs adviser.
Lawmakers aren’t allowed to take certain positions created while they were in office for at least a year. While Dahlstrom and Therriault resigned their legislative seats, questions swirled about the timing of the job offers and whether they were in line with the constitution and state law.
Public records obtained and released by activist Andree McLeod included personnel papers signed by Parnell’s administrative director, Linda Perez, on Sept. 1, 2009, and by Therriault 11 days later, stating he was “being appointed” to a new position, effective Sept. 14, 2009. Therriault had announced in August 2009 that he was resigning his legislative seat.
An e-mail released by McLeod also showed Therriault’s official separation from the Legislature was Sept. 13, 2009. She said this helped show the hire wasn’t allowed under the constitution.
The Parnell administration has maintained the office wasn’t created until after Therriault left the Legislature.
In a legal memo related to the Dahlstrom hire, dated July 1, Sullivan wrote that the Alaska Supreme Court has found the state constitution’s “ineligibility clause” is meant to keep lawmakers from creating jobs in hopes of securing them. But, “The crux of the issue centers on when an executive branch position is ’created’ for purposes of the ineligibility clause,” he wrote. “Alaska courts have not directly addressed that question.”
While Sullivan said he believed his department’s advice — that a legislator who resigns for a newly created executive branch post is eligible for that job — wasn’t unreasonable, and that the governor acted in good faith in relying on it, he said there was also “appreciable risk” a court might disagree with the department’s conclusion.
Dahlstrom resigned her new job. There was public pressure for Therriault to do the same: the Anchorage Daily News this week, for example, published an editorial saying he should resign.
Parnell has stood behind Therriault and his decision to hire him in spite of the concerns and even as it became political fodder leading to next month’s GOP primary. He reiterated that position in his brief statement Thursday, in which he also praised Therriault, whose qualifications — like those of Dahlstrom — weren’t questioned amid the hiring debate.
“Gene Therriault has served Alaska with a considerate and professional hand, and he has been a valuable member of my staff,” Parnell said.
In an interview last week, he told The Associated Press he acted in good faith and was standing on legal precedent and practice.
According to Parnell’s spokeswoman, Therriault helped Parnell “track and direct the various energy related efforts” under way, including the gas line projects.
Replacements have not been named for either Dahlstrom or Therriault.
Republican gubernatorial challenger Ralph Samuels said the hiring constituted an “abuse of power” and it was “regrettable that it took political pressure and potential damage to his (Parnell’s) election campaign for anything to happen.”


.
_____________
I don't come here to seek your approval... and the fact remains that DNR does not sell mining claims to anyone let alone foreigners. Had you wanted to get those claims you could have filed them yourself.
caught in the hen house..
these guys think
they can get away with any thing ..
the laws don't apply to them ..
vote every incumbent out of office..
you get the government you deserve ..
amerika land of debt and entitlements
...and people wonder why we can't get a gas line built...
plain & simple
Ethical behavior is not making decisions or becoming involved in any situation where anyone could misundertand the circumstances as possibably being illegal.
The fact the Attorney General had to advise the governor on the issue..... makes the appointment automatically questionable and unethical.
Ethics is a very simple thing. If you have to ask if it's 'ok' to do something - then it isn't. It is just that black and white, plain as day, simple.
But I'd also say that the fact that the 3rd party had no objections until after he began opposing Parnell for election, does not reflect particularly well on him or his ethical standards, either.
Sam, here's a primer on what our Constitution actually says. Parnell violated both his oath of office and the Constitution.
Alaska Constitution:
"§ 5. Disqualifications
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."
DNR does not sell mining claims to anybody. Mining claims are filed for by anybody who stakes them, pays the filing fee and puts in the work to prove up on them. You could have gotten those claims if you had been there first. Get off your butt and quityerbitchin.
Parnell did not violate the Constitution nor the law... what he violated was the spirit of the law. They very carefully got around the law by "officially" creating the job after Gene had resigned, even though it is clear that they had started the process to create the job prior to that date. Technically, no law was broken, but in the court of public opinion, they are guilty.
Too bad, Gene is eminently qualified for that position.
So Parnell gives Therriault a job the Constitution does not allow Therriault to take so that he can then collect over one million dollars in extra pension payments.
They get caught. Then instead of accepting responsibility they pretend its someone elses fault. My five year old knows better.