Depositions begin in Joe Miller's lawsuit against Fairbanks borough
by Jeff Richardson / jrichardson@newsminer.com
Jan 11, 2012 | 3638 views | 37 37 comments | 10 10 recommendations | email to a friend | print
FAIRBANKS — An attorney for former U.S. Senate candidate Joe Miller spent Tuesday questioning several Fairbanks North Star Borough employees about borough record-keeping practices, media leaks and political leanings as part of a lawsuit that has lingered long past the 2010 campaign.

Miller is suing the borough and former Mayor Jim Whitaker, saying confidential parts of his personnel file were leaked to the media during the campaign. Details about his work as a part-time borough attorney emerged, including his ineligibility for rehire and discipline for improperly using borough computers. Lisa Murkowski ultimately won a write-in campaign to reclaim the Senate seat over Miller, who was the Republican candidate, and Democrat Scott McAdams.

Miller said some of the actions by Whitaker and Borough Attorney Rene Broker were meant simply to sabotage his campaign. He said he sees the lawsuit as a way to hold the borough accountable for maintaining confidential records.

“I think current and future employees of the borough deserve better,” he said.

As part of the lawsuit, Miller’s attorney, John Tiemessen, spent the day in a deposition with assistant borough attorney Cynthia Klepaski, legal secretary Andrea Fields and human resources director Sallie Stuvek.

Much of the day was spent poring over the borough Code of Ethics, which includes rules for the release of personnel information. One heavily scrutinized section states: “A current or former mayor or employee may not disclose or use, without appropriate authorization, information acquired in the course of official duties that is confidential by law.”

Whitaker gave an interview to the News-Miner in 2010 about Miller’s work with the borough, saying Miller had acted criminally by misusing borough computers. Stuvek testified Whitaker hadn’t been given authorization to disclose any information beyond that contained in a limited collection of public documents.

A judge later authorized a much broader release of Miller’s borough records, citing public interest in the background of a major political candidate.

Miller also had a written agreement with the borough to remove from his file a disciplinary letter regarding the computer incident after two years. If the borough had followed that timeline, the letter wouldn’t have appeared among the documents released to the media.

Stuvek said her office doesn’t follow through with letter-removing procedures if an employee has stopped working for the borough, since those files are subsequently moved to storage. She said that practice isn’t part of a formal written policy.

“That’s something that, as a result of this, we’ll be taking a harder look at,” Stuvek said.

Tiemessen also asked Klepaski and Fields whether political discussions were common in the borough legal department, and whether there were negative reactions to Miller’s U.S. Senate run or toward Tammie Wilson, a former borough mayor candidate and Miller supporter.

Klepaski and Fields agreed that politics were occasionally discussed in the office, but said the comments weren’t critical. Klepaski said she didn’t know the political leanings of her co-workers.

“We try hard to talk about an issue without saying how somebody should vote,” she said.

The deposition included numerous questions about Whitaker, including whether he was a regular visitor to the borough legal department and if he had access to personnel files. Stuvek said borough files are tightly controlled — only three employees have keys to the room where records are kept.

A Jan. 27 deposition is scheduled for Broker and Assistant Borough Attorney Jill Dolan. Tiemessen said he hasn’t decided if Whitaker will be deposed in the future.

Miller, who declined to say how he was paying his legal fees, said the lawsuit is his opportunity to add clarity to some of the much-publicized incidents that happened during his time at the borough.

“I think that only one side of the story was told,” he said.

Miller’s lawsuit is an offshoot of a case that media organizations, including the News-Miner, filed against the borough before the 2010 election seeking a wider release of Miller’s employment records. The media prevailed in their case, but Miller — who joined the original lawsuit as an intervening party — has continued the suit against the borough and Whitaker.

The News-Miner was allowed to have a representative at the deposition because it is still tied to the lawsuit.

Contact staff writer Jeff Richardson at 459-7518.
Comments
(37)
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whowatchesthewatchers
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January 12, 2012
teapartypatriot_2

Why should any woman or man pay more taxes than someone else. When someone works two jobs why should they pay more than someone that works one job. They don't take up more space or require more government expense or breathe more air. Don't confuse percent amount with dollar amount. The government spends dollars not percents. A progressive, personal income tax system is totally unfair. Everyone should pay exactly the same dollar amount. A national sales tax would be a much more fair way to finance the government.
Mr.roadtrip
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January 12, 2012
Good question 40. One lawyer barrows and fellows computer for a little extracurricular posting and he is public enemy #1. Another lawyer does 5 million dollars in damage to public lands as a direct result of his reckless behavior and nothing.

Dove, you do know Lisa is a lawyer right. And you do know that her families fortune came as a direct result of her families Senate dynasty. No, didn't think so.

anon6
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January 12, 2012
Info at your comment yesterday.
Dove
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January 12, 2012
DEo you know that Lisa has far more credibility in WASH DC than Joe4 Miller ever will? You GO Lisa!

You are a sore loser Joe Miler. Suing the FNSB because of what? Facts? lol Come on, get real. Lisa Murkowski has far more merit and authority than Joe can ever hope for. I'm simply amazed so many voted for a crooked attorney.
jackson_greene
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January 12, 2012
Dove

Are you happy that your Senator Lisa Murkowski of Alaska committed TREASON by voting for the the NDAA Act.?
Yota99714
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January 12, 2012
So did all but 7 of her fellow Congressmen.

Yep, Dove's an out-of-stater, esp as evidenced by posts of late.
teapartypatriot_2
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January 12, 2012
jackson_greene, Maybe I can break it down for you. Let us suppose you have a good year and make $110,000 shoveling snow with your sole proprietorship business. Then comes tax time. I will only address one tax, social security. You have to give the IRS its social security taxes that come to 12.4 percent of that $110,000 or $13,750.

Now Joe Blow the millionaire up town makes $1,000,000 in the same year. But his IRS SS tax is the same, yes the same. Because there is no SS tax for over $110,000. So he pays only 1.4 percent of his income for social security taxes.

So you bitch to get this changed and the Republicans say no way, that the Millionaire gets special treatment because he creates jobs. But you say, Joe Blow did not create a single job. All he did was invest in the stock market where after one year he can sell his stock and pay an earned income tax rate of 15 %. But your earned income tax rate of 17% plus ss taxes comes to 29 percent. Do you get it now?

40wintersN64
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January 12, 2012
I've wondered since last summer why Forestry & the State didn't charge Tiemessen for starting the fire on the Chatanika. Anybody know?
Dove
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January 12, 2012
Typical lawyer attitude,...sue because you can. You're a sore loser, Joe Miller Glad you lost the election. Glad Lisa Murkowski won.

My favorite legal term: Prove it.
twain
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January 12, 2012
Chulio.......As usual you try to misrepresent what was in the article... The two year agreement is not unusual,,BUT, the clock stops when he is no longer an employee, it becomes moot.

Second...the article DID say Whitaker had permission to release the information as is required. I wont pick between them as I feel if left in a room alone with either one, within ten minutes they would be picking your pocket.
longhornak
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January 12, 2012
From article: "Miller also had a written agreement with the borough to remove from his file a disciplinary letter regarding the computer incident after two years. If the borough had followed that timeline, the letter wouldn’t have appeared among the documents released to the media." (My emphasis)

If this is true, Miller has a case even if it isn't "official borough policy". The clock may have stopped for the borough, but not for the agreement. Since that document was released, Whitaker will probably be safe since he could talk about documents that were released.

Of course, I'm not too fond of either one of them too.
FairbanksOptimist
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January 12, 2012
I can wait until Rod and Dermot get deposed. That will be VERY interesting.
BullMooseParty
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January 12, 2012
I thought that the Fairbanks Optimists were a local non-profit organization, hence disallowed by the IRS from engaging in political activity, or do those laws only apply to ACORN?
euphoriacurd
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January 12, 2012
If I where to try and describe Joe Miller and his creepy thug cronies it would be "Carpetbaggers".
jackson_greene
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January 12, 2012
teapartypatriot_2

Just curious...when your getting hammered!at the MECCA BAR do you drink MILLER LIGHT?

Cartoon Funny Man get you a website link it to the DNM
teapartypatriot_2
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January 12, 2012
So jackson_greene, when you make all that money shoveling snow around town do you report your income to the IRS? Or do you just cheat?

If you paid taxes like me you would not defend Palin or Joe Miller. They support a regressive income tax. That means the more you earn the lower the percentage of taxes you pay. The Republicans justify this by saying the wealthy class should not be taxed like the poorer people because the wealthy class creates jobs. Talk about a bunch of horse crap, now that is horse crap.
FairbanksOptimist
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January 12, 2012
The end result of this is going to be a settlment in favor of miller and paid for the FNSB tax payers. Of course the spin by the Borough/Newsminer will be its all Joe's fault.

And the incompetent and partisan FNSB employees will get a raise..
islandliver
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January 12, 2012
The Joe gets a settlement and his attorney get a contingency fee is what I also expect. It the Joe Miller kind of play that happens everywhere. Find any reason to sue a big municipality and there is little doubt as to getting paid before its over.

Hover there is a lot of supposition yet to be disputed. Claiming he-said-she-said is one thing proving it is another.
teapartypatriot_2
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January 12, 2012
I see the nm will not allow images to be posted. We could have sooo much fun with my Joe Miller cartoons.

I like the one showing Joe miller, Sarah Palin, the Koch Brothers, Jim DeMint, and Armey over the capitol building with former governor Egan on the side with a tear running down his face.

Joe Miller supports the conservative movement to make the rich richer and the middle class poorer as long as he can get part of the wealth. He almost became their man bought and paid for. After all, it doesn't take much to buy a senator in Alaska.

teapartypatriot_2
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January 12, 2012
Last year, President Obama proposed a tax policy change inspired by the chairman of Berkshire Hathaway Inc. -- dubbed the "Buffett rule" -- to ensure that taxpayers who make over $1 million a year are taxed at the same overall rates as middle class Americans.

Republicans, however, are obstinately opposed to tax the wealthy more, arguing it burdens the people who create jobs.

So people like me that own a small business are taxed at about 28 percent while the wealthy are taxed at about 17 percent.

There is nothing lower or more disgusting than a despicable Republican. I would vote for a communist before I will ever vote for the rich man's party, the Republican Party. To have one of them sue our Borough gives us the opportunity to remind ourselves just what kind of Republican Joe Miller is.

Lance_Roberts
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January 12, 2012
Of course you would vote for a communist; you are one. You don't understand economics, and you hate freedom. The communist party would be glad to have you, why don't you run on their ticket in your District 38 for the House?

(Of course that didn't stop you from supporting the bought candidate Lisa Murkowski.)
FairbanksOptimist
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January 12, 2012
Here's the Buffett rule that I would like see...have Warren Buffett pay the back taxes that he owes! Some estimates of his back taxes that are due are over a billion dollars! Doesn't stop him from complaining about others not paying enough taxes...

http://www.humanevents.com/article.php?id=45889

TheAlaskaCurmudgeon
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January 12, 2012
Hey Lance, it's funny how you'd call a candidate "bought" when you yourself are a paid mouthpiece.
BullMooseParty
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January 12, 2012
Whoa. Wait a minute, Crum. Are you saying somebody is paying for posting completely moronic comments? Sign me up; I could make a mint. Do I have to register as a Republican like Lance and hang out at every political gathering, hoping they like me, because I, like Lance, am to damn poor, dumb and ugly to be elected, even in this one horse town?
jackson_greene
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January 12, 2012
Capt_Boblo

Maybe you should of been the "star witness"Captain!What about those manitulating parasite borough attorneys under Whitaker?
Capt_Boblo
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January 12, 2012
Mr. Miller, while employed by the FNSB, was a lying, manipulating, waste of space. Mr. Whitaker, while somewhat less dishonest, was also a manitulating parasite. I don't like either one of them, and they were both wrong. This is one of those rare astrological events where two wrongs make a right.
sonofchulio
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January 12, 2012
I'd not heard before that there was an agreement to remove the discipline from Miller's personnel file after 2 years time. That's news, to me anyhow. If Miller has that written into the discipline that he had received, and both sides signed off on the language, then there should be no doubt that the borough screwed up, regardless if Miller was still a borough employee.

"A current or former mayor or employee may not disclose or use, without appropriate authorization, information acquired in the course of official duties that is confidential by law."

Whitaker just flat out broke the law, something many of us pointed out at the time. I have to wonder what prompted Whitaker to break the law. Did Lisa (or Whtiaker's buddy--Obama) hint that there might be a job down the line for a man of Jim's talents? When an elected official swears to uphold the law, do they only mean the laws that are convenient for them to uphold?

TheFederalistPapers
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January 12, 2012
Pinocchio Joe won't say how he's paying for the legal fees!

No surprise.

Who would believe him.

Is it coming from the stash left over from the campaign?
Lance_Roberts
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January 12, 2012
It's good to see someone fighting for principles. What Whitaker did was obviously illegal, and people need to know that. Do you think your personnel records should be public information?
kroy
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January 12, 2012
Me thinks some how ol'Joe can continue to get funds with this move..........You know, that Joe guy that works so little and has all those kids.
Mr.roadtrip
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January 12, 2012
If character matters then teatparty, otherwise known as mr.lieforaname, has nothing to say that matters.

Miller got a fishing licence for 25 cents and Murkowski almost got a 125 million dollar bridge built to property that she owned on an island called Nowhere. And she did get over a million in campaign cash from a corporation that got free land after the election. Murkowski is the definition of power equals wealth. The essence of money for influence. And the way if can pay to play.

And sad little mr.lieforaname likes to play with his computer. Post some of those funny pictures again will you lie, they were so........

anon6
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January 12, 2012
Roadtrip: There is a Lief in Tok. That particular Lief is related to Borough Attorney Renee Broker. If teatparty is he, his cover aka is Musgrove. Son of Roy Musgrove. Roy operated a one-man air taxi operation out of Delta in the early 1970's. Wrecked several airplanes thinking he could go anywhere, and finally migrated to Anchorage, or near there, in the '80s. Operated there for a while and finally killed himself in an airplane going somewhere he couldn't.
doubledumb
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January 12, 2012
Joe, what's the big deal? Aren't you the one, who as a Judge down in Delta, who would stiff'm right and left whenever you could. You din not worry about what was fair back then. But it would be nice to see you put Mr. Whitaker in his place.....after all you both sail on the same ship.
40wintersN64
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January 12, 2012
Delta has a very competent Magistrate. Mr. Miller was a less than competent judge in Tok.
teapartypatriot_2
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January 12, 2012
Poor Whitaker. There goes his retirement.

Who is paying for all the lost time the borough employees are wasting on Joe Miller's case? Man, this guy, is a nightmare. Talk about trouble, Joe troublesome Miller is a nightmare for anyone near him.

But this is what we expect from someone that sucks up to Jim DeMint and the millionaire's club like the Koch Brothers and Freedom Works. We know where you come from Joe.

Thank you Jim Whitaker for letting the cat out of the bag.
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