Miller barred from Fairbanks borough employment until 2012, documents show

by Jeff Richardson /
10.26.10 – 07:36 pm

FAIRBANKS – Newly released Fairbanks North Star Borough documents indicate that Republican U.S. Senate candidate Joe Miller is barred from employment with the borough until Sept. 1, 2012, three years after the resignation date from his job as a part-time attorney.

Miller’s personnel action form said his three-year ineligibility for rehire period was due to “insufficient notice given.” Miller had initially offered his resignation on Aug. 28, 2009, then sent a subsequent e-mail on Sept. 1, 2009, saying he would be resigning immediately.

Miller said in an e-mail to Borough Attorney Rene Broker that he strongly disagreed with her contention that his resignation was made without adequate notice.

Since he had previously requested leave up until Sept. 23, he said that time should count toward the required two weeks’ notice. Broker had canceled Miller’s leave time just before he submitted his resignation.

An e-mail exchange between Miller and Broker revealed a dispute about the nature of that leave, which led to Broker’s decision to cancel the request.

Broker said she had previously granted Miller’s request based on the belief that it was for reasons related to the Family Medical Leave Act and later rejected it after learning that he had canceled an apparently related appointment with a doctor at the beginning of the leave time. Miller said that a subsequent personal leave time, which was scheduled for an elk hunting trip with his sons three weeks later, should go into effect.

In Miller’s resignation letter, he complained that the decision to cancel his leave was one of two “inappropriate actions” that Broker had taken that week regarding his work at the borough. Miller was also unhappy that he had been assigned a borough case that he felt might conflict with a client he was representing in his private practice.

“It’s time for me to leave this public service,” Miller said in the resignation letter.

Miller said in follow-up e-mails to Broker that he didn’t plan to pursue work again at the borough but that he felt Broker’s response was vindictive. Miller told Broker that the situation was “just another retaliatory act due to our differences.”

Miller has maintained that he never received an uncensored copy of his personnel action form and was unaware of his rehire status with the borough. Sallie Stuvek, the human resources director for the borough, said records show Miller received a “completely unredacted” copy of the form on Sept. 25, 2009.

Contact staff writer Jeff Richardson at 459-7518.

© 2010