Thursday, January 31, 2008

Are these forgotten few the municipalities who did not retain Tinklenberg Group and not get grant funding?

Perhaps coincidence, perhaps not. Strib reports that some road needs are going unfunded. As a general matter of press inquiry, the sources should be able to indicate which of the neglected municipalities did/did not retain Tinklenberg Group.

Here is an excerpt:

Mayors push to get road projects completed

"It doesn't seem like [legislators] recognize the need for transit improvements in the north metro," said the Brooklyn Park mayor.

By LORA PABST, Star Tribune
Last update: January 30, 2008 - 11:19 PM"


A gathering of the North Metro Mayors Association this week looked more like a grief support group than a meeting of city leaders discussing transportation problems.

After watching major projects in the north metro get delayed, the mayors reaffirmed their displeasure with the transportation funding problem they say has hit projects in the north metro particularly hard.


Ramsey, my home town, has had less problem. The County pitched in funding for road work around the troubled Town Center, and mapping and RALF buy-out money came from Met. Council. But then Ramsey has hired cracker-jack consultants to advance their effort - and -

The story continues [as above, italics emphasis added]:

They are intensifying their efforts to remind legislators of the unfinished Hwy. 610 extension and the delayed devil's triangle junction of Hwy. 169, Hennepin County Road 81 and 85th Avenue N. Two of the intersections in the junction rank as the third and sixth worst for crashes in the state, but the 2007 construction start was delayed.

"It doesn't seem like they recognize the need for transit improvements in the north metro," Brooklyn Park Mayor Steve Lampi said in an interview after the Monday meeting. "They don't recognize how fast we're growing."

Many north metro officials have seen money for projects in their area get rerouted to other projects -- such as the decision to take $35 million from the $50 million devil's triangle and use it for the Crosstown project in December 2006. And if it wasn't bad enough seeing construction postponed, cities and counties are being asked to pay for projects until the state can pay them back.

[...] Many of the mayors echoed each other's frustrations when they explained the costs their cities have incurred and ultimately had to pass along to their residents.

"Cities and counties are having to spend their money to provide roads," said Ramsey Mayor Tom Gamec. "It's time for the state to step up."


Huh? Town Center Tom said that? If, in actuality, Ramsey is suffering a dearth of funding, Tom, you are a big, big, big, ultra-big booster of the consultancy being retained.

Rethink the Tink, perhaps, sir. Back to the story:

Rep. Melissa Hortman, DFL-Brooklyn Park, said she has worked with the League of Minnesota Cities to start compiling a list of how much money cities have lent to the Minnesota Department of Transportation for road projects. Even though the money will eventually be repaid, Hortman said she is concerned that the interest on the payments won't be returned to the cities.

[...] "With the [35W] bridge falling down, that changes the state's emphasis, but it doesn't change the underlying problem," Lampi said. "We have a transportation system that is probably in crisis and there needs to be a plan to fix it."

[...] Rep. Michael Nelson, DFL-Brooklyn Park, said he understands the mayors' frustrations, especially when there is a history of delayed north metro projects. He recalled that portions of Hwy. 100 south of Interstate 394 were completed long before the section in the north metro, and Hwy. 212 in the south metro is nearing completion while the extension of Hwy. 610 is still a grassy field.

There's an impression from the mayors and northwestern suburbs that our projects always take second banana to projects elsewhere around the metro," Nelson said, adding that he knows projects around the state are also getting delayed.

Both the devil's triangle and Hwy. 610 completion projects are priorities for Nelson, but after talking with MnDOT officials recently, he thinks the projects will again get pushed to the bottom of the list. The time frame for the Hwy. 610 project is now set between 2015 and 2025, Nelson said.

"When our turn comes up, our projects go away," he said. "That's the frustration of the mayors."

"The demand just keeps growing exponentially for what we need to do for roads and brides," Nelson said. "But the dollars we've got are falling farther behind."

Lora Pabst • 612-673-4628


Lots of highways. Except for Town Center Tom with his crying-towel out, I do not see the Elk River or East Bethel or Albertville folks quoted. I wonder.

And are those dangerous intersections being ignored, while effort aimed at building new interchanges in the Hassan Township - Dayton - Rogers area takes a priority while geographically near to where others claim to suffer?

Are all the animals on Animal Farm equal, or are some more equal than others?

Who is to say? Always, there are many factors at play. Complications.

Possibilities.

Tuesday, January 29, 2008

Initiating an Official Inquiry into Elwyn Tinklenberg’s Activity: Is it Unregistered Lobbying?

Sometimes you quit talking, thinking, deliberating, and just stand up and do it. Otherwise you cannot blame anyone else for inaction. Or you cannot blame others when things fail to be as you think best.

You do your act of “public participation,” which, as a free speech norm, is defined in a particular way in Minnesota law:

"Public participation" means speech or lawful conduct that is genuinely aimed in whole or in part at procuring favorable government action.

Raising the Tinklenberg lobbyist status question with the U.S. Attorney amounts to that. Public Participation. Two individuals, me and another, where here I only speak for myself on thinking and motive. Seeking favorable government action.

Below is the entire text of the letter requesting a formal inquiry by the U.S. Attorney. It is based on public data - council and other government records that should be trustworthy --meeting minutes approved by vote of the individuals actually there at the table participating in the meeting, explaining what happened.

Click on any image to read it, or open each page in a new window. If you have trouble reading “fine print” I will send a document copy, if you send a blank email to the address on the right sidebar with the subject line saying: SEND LETTER COPY.










The other person signing, Jerry Hiniker, can speak for himself. The letter speaks for itself.

Jerry may have other thoughts and feelings than I do. I do not pretend to speak of them. Jump me or agree with me, not Jerry, because this blog and current posting are my thoughts, alone.

To me the data record shows lobbying activity. But turn the facts over and push for an inquiry by those having the expertise – U.S. Attorney staff lawyers charged with overseeing lobbyist registration law.

As currently amended, The Lobbying Disclosure Act of 1995 is online, and its definition of a lobbyist is: the term “lobbyist” means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. 2 U.S.C. 1602(10).

You or I may have a more “common sense” view of what we believe a “lobbyist” is. However, the U.S. Attorney staff is the proper arbiter of what, under federal statutes, the meanings are and whether Tinklenberg was/is registered, and if he should be or should have been registered.

The full statute text is reachable section by section beyond the definitions, from the above link.

My key belief is if nobody else is asking what the Congressional candidate’s status is or should be under that federal enactment, it must be asked, and I ask it.

Reasonably diligent research indicates Tinklenberg, himself, is not registered and I am not privy to the staff make-up of his “group” to check their status. Certainly, that 20% --- 80% time-split thing in the definition seems a big enough loophole to drive a truck through, but if it is what Tinklenberg Group individuals rely upon in not being registered then it would be incumbent on Tinklenberg, in responding to the U.S. Attorney, to give accountings of his time and time of others billed to clients, and to square that with the public record my fellow citizen and I prepared.

In fairness to an electorate he wants to vote for him in November, disclosure should not be anything less than a full Tinklenberg Group public accounting, i.e., freely open to public and press, voluntarily, without worry over FOIA or other hurdles in citizens getting to see pertinent information.

Blue Man in a Red District has a post, where I have commented, with the premise being Tinklenberg is on record saying he does not lobby at the federal level.

Again, what that means – it depends upon how you define “lobby” but we know from recent past word quibbling such as about “sex with that woman,” that “lobbying” can be equally equivocated. If Tinklenberg’s answer is hair-splitting and equivocation, voters can decide what to make of that. With a federal law requiring “lobbyists” making “lobbying contact” with federal officials to register equivocation is harder. “Lobbying contact” is a statutory term, within the definitions already linked to at the Cornell Legal Information Institute website.

Commenting on Blue Man’s post, I wrote:

By my reckoning, from online resources I trust - town minutes and such where drafts are approved by the various board members so that error in minutes is unlikely - Tinklenberg is [or recently was] lobbying for I-94 in, as the post says, Albertville and in the Hassan Township - Rogers - Dayton for an I-94 interchange to allow dense housing development; for US Highway 10 in Ramsey and Elk River; and for Highway 65 in East Bethel. And each would involve federal contact.

And, what if Tinklenberg is face-to-face with Oberstar, and Jim asks, "Of these projects, which is most deserving of scarce funds?"

He's taking cash from each, for advancing each. How would the wooden dummy [Pinocchio, not El] answer? Agreeing with friends?

[ … I]n criticizing Tom Delay, is it the Dems saying, "Them = bad; our guy = okay?" Is that just? The two old sayings come to mind, putting one's own house in order; and not throwing stones if living in glass houses. The DFL should not glass house itself this election cycle in the Sixth District - my opinion, not Gospel, but I think it is a sound approach to unseating Michele Bachmann. Run the squeaky clean Bob Olson out of caucus. Don't mess around.


I did not edit out the Olson reference in reposting that quote. Some may wish to blame directly or indirectly candidate Olson for how I raise the lobbyist issue. I don't hide from that. It would be inaccurate or unfair to try to hang my actions on anyone else. I am not on Olson;'s staff. I have never met him. Nor have I met Tinklenberg. I support Olson. I will push in caucus for him over Tinklenberg; but the worry I have over letting the revolving door go unchallenged is my focal worry, free of any view of or input one way or the other from candidate Olson or candidate Tinklenberg. My view, mine alone, to support or attack.

Continuing – Blue man said...

I agree on many of your points.

However this is not about Oberstar, Coleman, Klobuchar, or any other federal official.

None of them are responsible to verify Elwyn's status.

It's his responsibility to perform his work in accordance with local, state, and federal statutes.


My reply was, and is –

We are parallel in thinking but there is a divergence. You say the rules exist and should be followed. My view, the golden rule, the guys with the gold make the rules, and compromise always is part of any rule-making. Add to that the livelihood of packs of lawyers skilled at finding and expanding loopholes in the rules, and there is cause to focus on policy and ideals, over rules.

The sin I see as original sin in the machine is the revolving door.

With no rules against it, really, the revolving door exists and from my perspective is harmful to the general well-being of the public.

It is probably at its worse when a regulatory agency ages and has industry people coming in and going back out, where the regulatory purpose soon gets co-opted to the "public good" being touted or without analysis being equated to the "industry good," and with no real voice in opposition.

How do you stop the revolving door?

Should you? How do you best counter the suggestion, those with experience are best suited to continue with their specialized skill set and background knowledge, and should not be artificially constrained where lesser skilled people then are needed to make the hard public and private efforts and decisions?

It's not simple once you get to the details. But Tinklenberg is a paradigm of the revolving door. And of the career politician. I don't like it. I don't think it is particularly good for the nation, or for locales.

It is as much a gut feeling as something provable one way or another. Would Wellstone, on leaving the Senate had he survived to that point, have gone "private" by going around with a Wellstone Group persona, advancing local improvement agendas for attaining public financing aid? I doubt that.

This what-would-Paul-do view is not a litmus test thing. It is a sense of how I would rather see things operate.

Tinklenberg clearly did register in Minnesota as a lobbyist and on Dec. 20, 2007 altered that registration. Whether and why he decided to take that pair of steps in-state but to not register nationally is probably a question of rules and loopholes to rules, rather than to true status of activities.

He did contract to assist promotion of efforts to gain public funding at Met. Council, state, and federal levels; with such funding being courted for local projects where we have no idea of his relative commitment to one over the other as more deserving of implementation.

Several locales wanted their highway project to be blessed. He contracted with each, and each was in competition with the other for scarce funding. How you square that is for you to decide.

I prefer Olson. I don't know either Olson or Tinklenberg personally. I have spoken with neither. I don't know either set of campaign people. I am agnostic that way.

But with Olson, there will be no such revolving door, career politician, lobbyist "baggage" thing for the Bachmann people to carp over and exploit if Olson is the endorsed DFL candidate and if Tinklenberg either honors the endorsement process or ends up second in a primary challenge.

And I view removing Michele Bachmann from Congress as clearly in the public's best interest. That means the best chance of doing so should be followed.

The hard choice. Hating the revolving door and wanting it to see defeat; the lesser evil choice looms - Tinklenberg vs. Bachmann. How do you play that hand?

Ugh. Gag. Arrrr. %&$*&(!!!

I don't like that possibility of the two-party system in action. I greatly distrust a system that results or could result in giving an electorate that kind of Hobson's choice.


That in a nutshell is the rationale I have for taking the step I took, mailing the inquiry letter to the U.S. Attorney to start the ball rolling. It forces the issue to be faced now, as a part of the election process pre-caucus, rather than having it be a GOP mantra later.

Whether you are not troubled by the Revolving Door, the Revolving Door, good or bad, touches Tinklenberg – from mayor of Blaine and Anoka County Official – then the door revolved – consulting on transportation issues – then the door revolved – MnDOT head under Gov. Ventura – then the door revolved – Tinklenberg Group sprang to existence, etc.

Look at it this way - what if each time the door revolves the rolodex-of-leads and contacts grows tenfold? If the man now has a million dollar rolodex, what will it be if elected? After two years in Congress, pension rights vested, and redistricting – might the door revolve yet again?

With a million dollar rolodex going in, a ten million dollar rolodex going out? Whatever actual numbers are now, or in the future might be, I cannot say. But it worries me.

That is why I want the top federal lawyer in the state to have a look.

Every voter in Minnesota’s Sixth District deserves a prompt, thorough, non-partisan and professional wrap up of the inquiry.

It can be done and should be.



_______________UPDATE________________

The post was finished late last night, the day the letter was mailed. A point by point quick highlight of the purposes and gains an inquiry now offers was perhaps something better given earlier in the post, but is still helpful:


1. This vets the question and the answer becomes public disclosure. The candidate, himself, should have vetted the issue before now, without this prodding.

2. Charges of partisan "witch hunting" that could arise if the GOP waits and then takes this very step are forestalled. That is best for the new head of the U.S. Attorney's office, to avoid partisan charges by responding to a citizen effort that is from people not activists within either DFL or GOP leadership circles.

3. The DFL has the issue before it, before caucusing.

4. If Tinklenberg should have registered and simply ignored it, that goes to the candidate's character.

5. Even if Tinklenberg has an entirely valid and clear excuse for not registering, it and his record of conduct would become public information, ideally without need of citizen or press use of FOIA but by full, candid disclosure from the Tinklenberg campaign.

6. The entire revolving door question gains suitable attention.

7. An informed voter is a better voter. Bottom line. Nobody can seriously challenge that. Voters should not be put to the effort Jerry and I made in uncovering and reporting the record of Tinklenberg business solicitation that the letter reviews.

8. Mainstream media is better positioned to see and then pursue the unwinding of the story than bloggers, who are more free to precipitate an inquiry. If bloggers start the ball rolling, press can have their calls returned to flesh out key questions and report the story as it progresses.

9. If what has so far been swept under the rug, the question of how things our letter reported could, if generally known, impact caucus and general election voting, is a question that now moves from backburner to frontburner - where is any harm to the true public interest in that development? I see absolutely none. Writing the letter to get things moving was a clearly needed "public participation" step.

Sunday, January 27, 2008

There's also the issue of density. You can blow more smoke in less volume if it's a denser grade of smoke.

My Google Alert linked to Residual Forces, which linked over to the original Hometown Source item:

by T.W. Budig
ECM capitol reporter

Former Ventura Transportation Commissioner Elwyn Tinklenberg questions whether the recent preliminary findings by the National Transportation Safety Board (NTSB) on the I-35W bridge collapse — a finding that suggested a design flaw likely brought down the bridge — has answered anything.

The NTSB’s asserts that the use of thinner connector plates in the bridge design — half-inch thick plates instead of inch thick — could have been a fatal design flaw.

But Tinklenberg explained that there’s also the issue of metallurgy.

Depending on how steel is tempered or otherwise fashioned, a half-inch steel plate can actually be stronger than an inch thick steel plate, Tinklenberg opined.


Come on. They do not just spec a thickness. They specify a grade. If one-inch thick steel of a particular grade were specified; and 1/2 inch steel of that grade were used, well, the answer is --- what ---



Metallurgy.

Sunday, January 20, 2008

A half-year ago in summer when it was not twenty below, El Tinklenberg was heating it up in East Bethel. Touting his Ramsey "consulting."



Whether standing or not, somebody delivered for Tinklenberg, in response to his loading his own sack a little with Ramsey cash. And El Tinklenberg was touting that at East Bethel - as cause for them to see his sack still had some room left.

And, hey, we are not Tom DeLay's Texas, we're Minnesota. So it is not who you know or who knows you, it's how you fill the forms out.

No joke. Tink says so.

And you can take that to the bank, or is that the wrong figure of speech?

Tinklenberg Group - real good at filling out those forms - but apparently with no time or inclination to put much info on the website beyond contact info. Busy with those forms I suppose.

Here are the July 18, 2007 East Bethel work session minutes, three pages cut into jpg image files. Click any image to enlarge it to read, or open them up in separate browser tabs/windows.




Which of those final two paragraphs on p.1 do you think occupies El's own time? My bet is when that touted experience is built, talking to legislators at all government levels, and they ask about what support you've got, it is not Amanda Vickstrom in there schmoozing, but Tink himself. Not being there myself, it is only a guess.

And well, that sure sounds like lobbying to me.

Perhaps the minutes are in error. I could not say, I was not there. But the usual process is all those who were there, on council, read and approve minutes - and that means a consensus the minutes are not in error.

Registered lobbying? That I do not know. But going in and schmoozing up a client's stuff to those with an appropriations vote - if not lobbying what is that called - filling out forms, redux? I don't think so.

And that bit, p.2, about "some things outside the federal appropriations we could work on," isn't the implication that the primary hinge of things IS inside the federal appropriations, and that is the Oberstar committee - a name that directly or indirectly apparently keeps arising.

When Amanda Vickstrom is not doing her cracker-jack job filling out forms, she is not wasting Tinklenberg Group time. Instead, a year ago, for example, she was on the road in Pine County with El, hustling more Tinklenberg Group cash flow, this time on Duluth-to-Twin-Cities rail possibilities.

Mr. Tinklenberg spoke on commuter rail stating that the present Burlington Northern Santa Fe line is rated a Class III line, maximum speed of 55 mph, which could easily be upgraded to a Class IV line for passenger service which is rated 75-79 mph. Mr. Tinklenberg stated that the Hiawatha Light Rail Transit line has had unrivaled success and public response, the rail carried 1 million passengers in the month of August (2006) alone. Mr. Tinklenberg stated they are coalescing support now to develop a corridor group to steer efforts, planning and engineering and the next issues would involve generating a Joint Powers Board agreement and combined participation in a technical feasibility study. Ken Buehler presented giving the history of the rail track and Union Depot in Duluth. Mr. Buehler stated that the Depot closed in 1969, but in its last 12 months there were 100,000 passengers through its doors. Mr. Buehler stated the proposed “Northern Express” rail line which would connect with the Hiawatha, Northstar and Central Corridor has secured 50% of funding needs for its initial study. Coordinator Stieben questioned contributions from any anticipated Joint Powers Board members clarifying that they would be responsible to subsidize the project. Mr. Tinklenberg stated that Amtrak’s Program 403B is the agreement with the State for appropriations. Mr. Tinklenberg stated the breakdown for the Northstar project being 50% Federal, 33% State and 17% local (Anoka, Sherburne and Hennepin Counties) funds. Coordinator Stieben questioned ridership numbers. Mr. Tinklenberg stated there will be a number of other stations, which have not been chosen yet. Mr. Ongaro stated efforts will focus on the first phase, which is first priority is inter-city rail, being much less expensive and the second phase being the evolution of commuter rail. Mr. Tinklenberg stated he would return to the Board in the near future with a draft of the Joint Powers Agreement.


Amanda Vickstrom was there. The minutes say so, even though it looks as if she did little of the talking. I have seen now two other names besides El Tinklenberg, as Tinklenberg Group personnel. For all I know it is him and seven dwarves. The only one seeming to do the talking, being quoted most frequently in the public in the course of hustling business opportunity, is Tinklenberg himself. Although Vickstrom was the contact person for a "presentation" I suppose you'd call it, per Larry Schumacher's blog:

Posted: 9/17/2007 at 3:17 PM

I got a postcard invitation to a forum next month hosted by the Tinklenberg Group, his transportation lobbying and consulting firm.

It's called "How local governments can advance transportation projects" and it's scheduled for 4 p.m. Oct. 25 at the National Sports Center in Blaine.

It says the forum is hosted and organized by "north metro transportation advocates" and mentions the (U.S. Highway) 10/169 Corridor Coalition.

Saturday, January 19, 2008

East Bethel queues up.



Yesterday's Anoka County Union, home delivered, had this to say:

East Bethel signs contract with Tinklenberg Group
Thursday, 17 January 2008


The East Bethel City Council at its Jan. 2 meeting approved a contract with The Tinklenberg Group to provide assistance applying for grants.

There is no flat rate for the contract, but it could not exceed an average of $3,000 per month. Some months will require more expenditures because of fluctuation in federal activities.

Staff of The Tinklenberg Group would work with East Bethel staff to identify and apply for state, federal and local grants or appropriations in the areas of utility infrastructure, roads, parks and open space.

According to a staff report, the firm would specifically help prepare the state 2009 reauthorization request to request Highway 65 improvements at Viking Boulevard, Klondike Drive, Sims Road, 221st and 237th avenues.

The municipal infrastructure funding is being pursued to help pay for the city’s new sewer and water utility venture.

The Tinklenberg Group would maintain contact with federal offices, congressional leaders and staff representatives for the House and Senate and work closely with Eighth District Congressman Jim Oberstar and his staff to garner strong support. Oberstar chairs the Transportation and Infrastructure Committee.

The firm would include maps and graphics, resolutions of support, project information sheets and other documents in the applications to increase chances of receiving the funds.

The timeline calls for The Tinklenberg Group to compile appropriations and re-authorization applications over the next two months and mail the material in March. They would follow-up and answer questions with Congressional staff after that.

Friday, January 18, 2008

Interesting online local progressive grassroots commentary. Interesting online DCCC astroturfing.

No images here, this time. Other folks' ideas.

First, a recent post on mnpACT! a website I discovered, along with discovering the existence of the website, from reading commentary on Blue Man in a Red District.

"MN 6th District: Who Will Represent the 'Workingest' Families?"
By Dave Mindeman, whoever he is.

Someone I have not met, but his feeling: Bachmann is insensitive to worker plight, Olson is attentive, and Tinklenberg is MIA.

Interesting.

Minnesota Grassroots thought and effort. From right here, in Minnesota.

Also online and interesting, from some person at DCCC, located, you tell me where I can only guess, saying Tink is the best idea since sliced bread - posted on KOS.

DCCC being the Dem's nation-wide party organ of campaign opinion.

Who is "John Lapp, DCCC"? Besides a Tinklenberg pom-pom squaud groupie, or a DCCC functionary telling us folks how to view the world?

On a payroll somewhere? Helped to say what he says? In Ohio? Indiana? Omaha?

Perhaps - just perhaps - in Minnesota, that is a possibility.

But of a party affiliation - whereas I am independent, not in either party as a regular. But last cycle I caucused DFL and will do so again, as I find Michele Bachmann a weak and ineffective stereotypical idealogue too inclined to fiddle a lot while Rome burns.

But do we need DCCC people to lead us around, especially in light of the tepid help from that direction last cycle, after the people's choice at caucus left Tinklenberg to his lobbying and consulting? I don't need those people, that precedent, to tell me how to think or what's best for me.

And by the way - that "workingest" thing, does anyone know whether the workers at the Bachmann family clinic in Lake Elmo are still without any health insurance coverage - among that vast vexed and mistreated group having such a basic human need as medical attention left hanging? I wonder. I imagine that Tinklenberg paid staff have some kind of health coverage. If anyone knows, let me know. I recall last cycle not only the clinic workers but Bachmann paid campaign staff were reported to be without coverage.

Legitimate and illegitimate uses of Wellstone Green.

This is a legitimate use of Wellstone Green.

Is this a legitimate use of Wellstone Green?



Try this thought experiment:





An unaltere image of El Tinklenberg, Candidate for Congress.







The identical image, tarted up in Wellstone Green.

Does it look all that different? Does it sell? Should it resonate? Is it legitimate? How do you suppose the souls of the Wellstones feel about the matter?

_____________UPDATE______________
Apologies to Wellstone regulars. I tried and tried to get a Wellstone green for the second image. I failed. All I could get, time and again, is a currency green, not a Wellstone Green. Sorry about that.