Tulsa City Hall: August 2011 Archives
UPDATE 2011/08/25, 1 p.m.: ONG spokesman Don Sherry has posted a comment to this entry, linking to a media kit about the Tulsa ONG franchise election. He points out that there are approximately 1,400 ONG/ONEOK employees working in the Tulsa area.
Tom Quinn, a civic activist and longtime critic of Oklahoma Natural Gas, filed criminal complaints on August 16, 2011, with the Tulsa Police Department and the FBI regarding the recent City of Tulsa special election granting ONG a franchise to use city rights-of-way for the next 15-years.
Quinn notes at the end of his press release that there are more ONEOK/ONG employees than the number of votes in the election. The implication is that it's possible to arrange a low-turnout election in which the majority of voters have a financial interest in the outcome. ONG reimbursed the City of Tulsa for the cost of having a special election solely for the purpose of considering the franchise renewal.
Here's Quinn's press release:
FOR IMMEDIATE RELEASE: August 16, 2011
CONTACT: Tom Quinn - 918-605-9456 - MafiaBusters@gmail.com
REGARDING: Election Fraud - August 9th Vote on ONG's Franchise AgreementRACKETEERING AND ELECTION FRAUD
Tulsa businessman Tom Quinn has filed racketeering and election fraud charges against Oklahoma Natural Gas Company, parent company ONEOK, Mayor Dewey Bartlett and all nine Members of Tulsa's City Council. Quinn accuses ONG, ONEOK and the City of Tulsa of conspiring to defraud ratepayers by holding a special election on August 9th where only those who were likely to vote YES were informed about the process. Quinn says the vote on ONG's New Franchise Agreement was the most blatant example of racketeering and election fraud he has ever seen, and that all those responsible for this despicable act should be fined, fired, removed from office and sent to prison. ONG has an abysmal approval rating among consumers and no one in their right mind would have voted for this Franchise Agreement had they known about the election. The results of the August 9th Special Election should be thrown out and public hearings should be held so voters can make an informed decision regarding this important issue. ONEOK, the parent company of ONG, should also be investigated for bribery, price fixing, market-manipulation, off-shore banking violations, selling assets that were paid for by ratepayers and charging for gas storage and other items and services that were not used but ended up being charged to consumers. A copy of this news release has been sent to the FBI, the Tulsa Police Department, the Oklahoma Corporation Commission, the City of Tulsa and several media outlets.
Questions that deserve an answer:
- Who wrote the new ONG Franchise Agreement?
- Was Mayor Dewey Bartlett or any of his staff involved?
- How many City Councilors were involved in the process?
- Was the new Franchise Agreement ever discussed during an open meeting?
- When did the City Council vote to approve this new agreement?
- When did the City Council approve and schedule the August 9th Special Election?
- Why did the City Council call for and approve a Special Election on August 9th when Tulsa's General Election had already been scheduled for September 13, 2011?
- Who paid for this special election and was the cost passed on to taxpayers and or ratepayers?
- How many registered voters live in the City of Tulsa?
- How many votes were cast in the August 9th Special Election?
- How many employees work for ONG and ONEOK?
- How many ONG and ONEOK employees voted in this Special Election?
- Were ONG and ONEOK Employees informed of this Special Election?
- Were any news releases issued or press conferences held before the August 9th Vote?
- Did ONG, ONEOK or the City of Tulsa post any information regarding the election on their website?
- Were Tulsa voters deliberately kept in the dark about this important election?
- Did the so-called mainstream media ignore news releases or play any role in this cover up?
Number of Precincts Reporting: 215
Number of Precincts Counted: 215
Total Number of Registered Voters: 212,266
Total Number of Votes Cast: 3,425
Total Number of ONG / ONEOK Employees: 4,077
Total Number of Votes For: 2,546
Total Number of Votes Against: 864
Under Votes: 15
Percentage of Registered Voters Who Voted: 1.61%
Number of ONEOK / ONG Employees as of September 2010: 4077
Source: http://en.wikipedia.org/wiki/ONEOK
TulsaBizPac, the political action committee formed by Tulsa Metro Chamber, a city contractor, to influence the selection of the public officials who will decide whether those contracts will continue, has announced an odd assortment of full endorsements, partial endorsements, and non-endorsements that nevertheless come with a tidy sum of cash.
Strangely, TulsaBizPac hasn't made these endorsements and all-but-endorsements available on a website accessible to the general public. Although the Chamber announced in a June 27, 2011, website story that TulsaBizPac was accepting contributions, they haven't used that venue as yet to declare their endorsements and contributions to the public. None of the local TV stations appear to have the story, nor do the news/talk radio stations. My own requests for information about TulsaBizPac endorsements have gone unanswered.
So the Chamber's PAC must not be very proud of their endorsements, as it appears they only released the info to one friendly news outlet.
Candidates that were willing to participate were quizzed by Chamber leaders about their views on the Tulsa Metro Chamber's 2011 Issues Platform. Given the number of controversial statements therein, anyone accepting the Chamber's endorsement or contribution (which is tantamount to an endorsement), has some explaining to do, to set out clearly where he or she agrees and disagrees with the Chamber's positions on the issues
And one such candidate has explained himself. Blake Ewing, one of the candidates for the District 4 Republican nomination, and one of two (along with Liz Hunt), who will receive a $1,000 contribution, has set out on his blog, in great detail, his interaction with the Chamber and with Karl Ahlgren, in their evidently separate election efforts, and point-by-point, how he responded to questions about the Chamber's Issues Platform. There's a lot to digest, but I appreciate his candor. He goes into great detail about Ahlgren's recruiting efforts and the apparently associated group trying to solicit contributions to a slate of candidates, and the Chamber interview process. (I was intrigued to read that Liz Hunt, prior to deciding to run for City Council, offered to help direct resources to Ewing's campaign.)
Ewing has decided to accept the Chamber's contribution but to donate it to charity, rather than use it for his campaign, and is asking blog readers to suggest, in the comments to his entry, which non-profit should receive the Chamber's money.
I was surprised this week to see that TulsaPeople had dropped its glossy mag look for newsprint.
Then I looked more closely and saw that it was in fact Urban Tulsa Weekly that put a paper-airplane-tossing Kathy Taylor on the cover and a lengthy love song to the former Tulsa mayor (by Oklahoma City resident and Oklahoma Observer editor Arnold Hamilton) on the pages within.
Taylor mistakenly credits herself with starting the effort to revise Tulsa's comprehensive plan. In fact, that was launched in 2005, while Mayor Bill LaFortune was still in office, and it was the outcome of an initiative by then-Councilors Chris Medlock and Joe Williams for a "future growth task force" and a council-initiated study to identify the best locations for large retail developments in the City of Tulsa. It was the 2004-2006 Council, notorious for the "Gang of Four," that included funding a comprehensive plan update in the 2006 third-penny sales tax package.
As an antidote to the sweet treacle in Hamilton's story and by way of reminder, take a minute to re-read this Irritated Tulsa gem: Kathy Taylor's Un-Greatest Moments
And if you want more detail on those un-greatest moments, here are some links to past columns and blog entries:
Kathy Taylor's Clintonesque non-denial denials when confronted with the voter records
Kathy Taylor's misuse of the assessment district to fund the new Drillers downtown ballpark
Kathy Taylor refuses to confront looming budget problems
The defeat of Councilor Bill Martinson funded by Kathy Taylor's husband and his business associates
I heard an interesting rumor on Saturday from two different sources about City Council endorsements by TulsaBizPac, the Tulsa Metro Chamber-affiliated political action committee, so I sent an email to Shiela Curley, Vice President of Communications for the Tulsa Metro Chamber. Here's the text of the email:
Dear Ms. Curley,I'm hearing reports that TulsaBizPac has made its endorsements. I'm writing to ask if you can confirm or deny each of the following assertions:
1. TulsaBizPac has endorsed three candidates
2. TulsaBizPac will give each endorsed candidate's campaign $2,500.
3. Endorsed candidates have been instructed not to disclose the endorsement until after the primary.
4. TulsaBizPac has endorsed Jack Henderson in District 1.
5. TulsaBizPac has endorsed Chris Trail in District 5.
6. TulsaBizPac has endorsed G. T. Bynum in District 9.
7. TulsaBizPac has made no endorsements in the other racesThanks for your time,
Michael Bates
I'll let you know what she says.
There's one further piece to the rumor: That no endorsements have been made in some of the other races because they're "too close to call" based on polling data.
This is fascinating, if true. After all the talk about the "bickering" City Council, the only three rumored endorsees are sitting councilors.
I'm surprised not to see ANY of Karl Ahlgren's candidates -- Nancy Rothman, Liz Hunt, Karen Gilbert, or Phil Lakin -- on the rumored list.
And why would an organization want to keep its endorsements secret? In such a situation, it would suggest that the organization is aware of its lack of respect in the community, that the organization is not seen as a trusted civic voice, but just another special interest group, just another city vendor with its hand out for city dollars.
If you thought your endorsement would be well regarded, you'd jump right into a too-close-to-call race, in hopes that the endorsement would push your candidate over the finish line. But if you thought your endorsement would cause more harm than good, you'd quietly slip them the money just after the deadline for pre-primary reporting, and you'd pick candidates who were likely to win any way, in hopes of earning their gratitude and loyalty with your contribution.
Finally, wouldn't you want to give the maximum contribution of $5,000? And if you didn't, does that indicate that you just weren't able to raise the money you expected to raise?
I look forward to hearing a response from Ms. Curley, and I'll pass it along when I do.
Oklahoma Natural Gas is granted a franchise by the City of Tulsa to run its lines through the city's easements and rights-of-way. That franchise was last renewed in 1986 for a 25-year-term. The franchise renewal is on the ballot for a special election today, August 9, 2011. The proposed renewal period is for 15 years.
Today is also the first Tulsa County election under the new voter ID requirement approved by Oklahoma voters last November, so bring your drivers' license.
Here is the ballot text:
SHALL ORDINANCE NO. 22415, ADOPTED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF TULSA, OKLAHOMA, BE APPROVED BY THE PEOPLE, WHICH ORDINANCE GRANTS TO OKLAHOMA NATURAL GAS COMPANY (ONG), A DIVISION OF ONEOK, INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF FIFTEEN (15) YEARS, A NON-EXCLUSIVE FRANCHISE AND A RIGHT TO USE THE PUBLIC RIGHTS-OF-WAY FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING AND SELLING NATURAL GAS TO CONSUMERS AND THE GENERAL PUBLIC WITHIN THE CITY; DEFINES TERMS; REGULATES THE ASSIGNMENT, SALE OR LEASE OF THE FRANCHISE; GOVERNS THE USE AND REPAIR OF CITY RIGHTS-OF-WAY; ASSIGNS RESPONSIBILITY FOR THE ADMINISTRATION OF THE FRANCHISE; REQUIRES ONG TO OBTAIN RIGHTS-OF-WAY CONSTRUCTION PERMITS AND SETS FORTH THE REQUIREMENTS FOR SUCH PERMITS; ESTABLISHES AN APPEALS PROCESS; REGULATES ONG'S SERVICE; ESTABLISHES ENGINEERING STANDARDS; IMPOSES CERTAIN DUTIES TO REMOVE OR ALTER FACILITIES; REQUIRES INDEMNIFICATION OF THE CITY; ALLOWS ONG TO MAKE AND ENFORCE REASONABLE RULES AND REGULATIONS FOR THE CONDUCT OF ITS BUSINESS; REQUIRES ONG TO MAINTAIN RECORDS AND PERMITS THE CITY TO INSPECT THEM; REQUIRES ONG TO PAY A FRANCHISE FEE AND SETS OUT THE METHOD OF CALCULATING THAT FRANCHISE FEE; AUTHORIZES THE RIGHT TO RENEGOTIATE THE TERMS OF THE FRANCHISE IN CERTAIN CIRCUMSTANCES; PROVIDES THAT THE QUESTION OF APPROVAL OF THIS FRANCHISE SHALL BE SUBMITTED TO A VOTE OF THE PEOPLE AT A SPECIAL ELECTION; ALLOWS SEVERABILITY OF INVALID SECTIONS; PROVIDES FOR ONG'S ACCEPTANCE OF THE TERMS OF THIS FRANCHISE; REPEALS THE ORDINANCE GRANTING ONG ITS CURRENT FRANCHISE IN 1986; AND DECLARES AN EMERGENCY?
There is no mention of today's election on the home page of either cityoftulsa.org or tulsacouncil.org. The city elections page at cityoftulsa.org refers only to September's municipal primary and November's general. The proposed ordinance (No. 22415) doesn't show up in the list of ordinances passed since the ordinances were last codified, but that list does include ordinances higher in sequence number, as recent as June 23, 2011. No info about the election can be found on oklahomanaturalgas.com.
The TulsaCouncil.org website still lacks a keyword or free-text search option for its database of agendas. By searching one regular meeting agenda at a time, I was able to find the ordinance calling today's election, but not ordinance 22415, the legislation that the voters will approve or reject today.
I would like to tell you in detail about the pros and cons of this proposition, or even how the proposed franchise agreement differs from the current agreement, but I can't find those details where they should be, on a city government website. It's as if they want us to vote without knowing what we're voting on. Therefore I'm voting NO.
MORE:
Tom Quinn's ONGsucks.com, once advertised on a billboard on US 75 north of downtown, has been offline for a while, but here's the Wayback Machine's capture of Quinn's 2002 appeal to terminate ONG's franchise.
Tom Quinn's February 4, 2010, jeremiad against ONG
A PERSONAL NOTE:
In the early part of 2010, a SNAFU involving ONG's transition to a new online bill pay system nearly got our gas cut off. Although I had had automatic bill pay in place via choicepay.com for several years, suddenly nothing was getting paid. ONG would run a computer tape once a month of what everyone owed, and send it to choicepay. Apparently the tape was being run after my previous bill was paid but before ONG charged the next month's bill to my account. At that moment in time, I had a zero balance, so the automated payment plan took $0 out of my account, which meant my bill wasn't getting paid.
I assumed choicepay's system was broken, and when I went to ONG's website, I found that ONG had a new auto bill pay system, hosted on their own website, so I signed up for it, again assuming choicepay had been discontinued. The next month, I was double-billed -- choicepay's system started working again, and ONG's auto pay kicked in. Highest gas bill of the year, and they hit my checking account twice. It took another two months to straighten everything out between choicepay and ONG.
I'd like to tell you that ONG was helpful and efficient in solving the problem, but in fact they were clueless and slow. I went through six months of lengthy phone calls to both companies and several erroneous cutoff notices, all because I assumed automatic bill pay would automatically pay my bill.
UPDATE, 11 p.m.:
The ONG franchise renewal was approved by a three-to-one margin: 2,546 for and 864 against. 3,410 votes cast.
I finally found the ONG franchise ordinance itself attached as "backup documentation" to an item further down the May 19, 2011, agenda on the council website. But I was only able to find it once a reader sent me a copy he got from the City Clerk, with the date of approval on it -- there's no text or keyword search available, as there once was.
According to this budget document, opening all the polls in the City of Tulsa today cost $220,000, with the cost paid for by ONG (ultimately, no doubt, passed along to the ratepayers). Couldn't they have waited until the November general election?
After the jump, snapshots of city websites showing the absence of information about today's franchise election. (Clicking on thumbnails opens a pop-up with the full-sized image.)
Perhaps public notice laws should be changed to make this failure to post election information online cause for invalidating the election.
We're beginning to see components of Tulsa's establishment coalesce around certain candidates for City Council, the candidates they believe will best represent the establishment's interests at City Hall.
Burt Holmes and Ben Latham have selected a partial slate of candidates, according to an email from Latham soliciting contributions for their slate.
Holmes was a director of Great Plains Airlines, a Tulsa-based airline that failed at great cost to taxpayers in Tulsa (property taxpayers had to pay a $7 million debt that we didn't owe, a loan that Great Plains had defaulted on, despite earlier assurances that taxpayers would not be on the hook) and Oklahoma (transferable tax credits were used to fund the airline; the money for the credits came from the state coffers).
Holmes, a maximum donor to Barack Obama's primary and general election campaigns, was also a plaintiff, along with Nancy Rothman, in a lawsuit against all members of the current City Council for alleged violations of the Open Meeting Act, a lawsuit that was later dismissed, but not until each councilor had to hire his or her own attorney to defend the suit.
Ben Latham is head of GBR Properties and is listed as a committee member of Save Our Tulsa, the group that wants to return our city to the "good ol' days" when a small number of the well-heeled and well-connected made decisions for Tulsa without the bothersome and distracting input of the nearly 400,000 other citizens.
Given the backgrounds of the men who picked these six candidates -- David Patrick, Liz Hunt, Ken Brune, Karen Gilbert, Tom Mansur, and Phil Lakin -- it seems reasonable to suppose that these candidates may support massive taxpayer subsidies for crazy business schemes, suing city councilors, and SOT's anti-democracy "reforms" that would dilute geographical and minority representation and put Tulsa at risk for a Voting Rights Act lawsuit. If that's not the case, each candidate should speak up and publicly repudiate the Holmes/Latham endorsement.
Holmes and Latham's list of approved candidates is not too surprising. It includes three of the four publicly acknowledged clients of Karl Ahlgren (Hunt, Gilbert, and Lakin). It is somewhat surprising that Nancy Rothman, Holmes's fellow plaintiff and another Ahlgren client, is not on the list -- at least not yet. David Patrick is a long-time rubber stamp for the Cockroach Caucus. Ken Brune was attorney for Coalition for Responsible Government 2004, the group behind the unsuccessful attempt to recall Councilors Jim Mautino and Chris Medlock.
There's a disparaging mention of the "Gang of Five." Given Holmes's involvement in Great Plains Airlines, that's not surprising. Reformers on the City Council led the effort to investigate the Great Plains scheme and identify those responsible, and they resisted Bill LaFortune's 2005 effort to make the city's taxpayers cover the bad debt.
Latham says the "current city council is basically unchanged from the 'Gang of Five' that eisted when Bill LaFortune was mayor." But the Council has had quite a bit of turnover since 2006 when Bill LaFortune was voted out of office. Only three members (Henderson, Turner, Mautino) of the "Gang of Five" are still on the council, and two of them (Turner, Mautino) lost an election before successfully regaining their seats. Bill Christiansen, who was usually in opposition to the "gang's" initiatives, is the only other councilor still in office who was in office prior to the 2006 election, and he's not running for re-election. So Latham's diagnosis of the causes of City Hall disharmony and his proposed solution are ill-founded.
With all nine councilors -- representing a diverse range of personality types -- at odds with the current mayor, the heart of the problem is obvious, but it seems to have escaped Messrs. Holmes and Latham.
Here is Latham's email.
As you may know, I have been an advocate of electing an entirely new City Council with citizens who want to make a positive difference. The current city council is basically unchanged from the "Gang of Five" that existed when Bill LaFortune was mayor. They have demonstrated they cannot get along with any mayor, male or female, Democrat or Republican. It is time for them to all be voted out.So far, Burt Holmes and I have met with most of the announced candidates. It doesn't matter what political party, gender, ethnic group, etc. that a person belongs to as long as he/she makes good decisions for our city as a whole. After interviewing the candidates we have selected the best person in each district and have 6 to recommend that we all back. Thus far, all six of these are running their campaigns in a manner we like. They all need financing, so your help is important in making a positive change to our city.
Our six so far are:
District 1: We will have no recommendation.
District 2: We are still evaluating the candidates and will have a recommendation shortly. Incumbent Rick Westcott is not running.
District 3: David Patrick (D); running against incumbent Roscoe Turner.
District 4: Liz Hunt (R) and Ken Brune (D); incumbent is Maria Barnes. Liz will be running against Blake Ewing and Ken against Maria Barnes in the primary.
District 5: Karen Gilbert (R); running against incumbent Chris Trail.
District 6: Incumbent is Jim Mautino. Anybody would be better, but we have no recommendation yet. It will be forthcoming.
District 7: Tom Mansur (R); incumbent John Eagleton is not running.
District 8: Phil Lakin (R); incumbent Bill Christiansen is not running.
District 9: We do not have a recommendation in this race, yet.
The main thrust of this effort is to find community leaders who want to get more engaged; the idea being we will all support a slate of candidates with contributions to ALL the supported candidates. We must go outside of our own districts this time, if we want to make a difference. We recommend you support the candidates directly, and not go through a PAC. This is financially more efficient, and you will be certain who you are supporting and get credit for your contribution.
At this time, I would like everyone to consider making the same contribution to all six of these candidates. Please consider $200 or more to each of these six. I am sure the candidates will appreciate whatever contribution you make. Also attached is a generic contribution form (required) that you can use to send in your contributions. I will keep you informed on the needs of the candidates.
[List of candidate addresses deleted.]
I also request you forward this email to your own mailing list. Let's make a difference! Thank you in advance for your participation.
UPDATE: An August 16 email from Latham adds a candidate to the list of endorsements:
All,Goods gets good. Nothing gets nothing.
If you are unhappy with the city council and want a change, you must help now. We have recruited, interviewed, and vetted excellent candidates, listed below. The candidates need your contribution NOW for the September 13 primaries. By September 1 it will be too late for them to acquire signs and other campaign materials. NOW IS THE TIME TO ACT.
We all care about Tulsa. This election may be our last chance to change the council to progressive collaborators who can move us forward, faster. The primaries on September 13 will decide the general election because there will be no serious opposition in the November general election except for districts 4 and 5. To be successful, we must support the candidates now, so they can win their primaries. As business people, we all have a vested interest in this.
Hunt, Gilbert, Steele and Mansur are the most in need of money. They, and the others, are running good campaigns, including knocking on doors in 100 degree heat.
We know you care about Tulsa, so send your contributions this week so the seven endorsed candidates can make a strong finish to the September 13 election. Ideally, we all send the same contribution to each of the seven. It's up to you to decide how much and to whom. Please consider $200 or more to each of them. I know all of them will appreciate whatever contribution you make.
Our seven endorsements:
District 1: We will have no recommendation.
District 2: We will not have an endorsement in the primary.
District 3: David Patrick (D); running against incumbent Roscoe Turner.
District 4 Ken Brune (D) and Liz Hunt (R); incumbent is Maria Barnes. Liz will be running against Blake Ewing and Ken against Maria Barnes in the primary.
District 5: Karen Gilbert (R); running against incumbent Chris Trail.
District 6: Byron Steele (R); running against incumbent is Jim Mautino.
District 7: Tom Mansur (R); incumbent John Eagleton is not running.
District 8: Phil Lakin (R); incumbent Bill Christiansen is not running.
District 9: We will not oppose the incumbent in this race.
Below is a generic contribution form that you can use to send in your contributions. Addresses to send your contributions to:
[List of addresses redacted.]
We also request you forward this email to your own mailing list. Let's make a difference! Thank you in advance for your immediate participation.
Good Gets Good!
This email had been forwarded with support from Daryl Woodard, Mayor Dewey Bartlett Jr's appointee to the city's redistricting commission. It's beginning to look like the redistricting commission's radical redrawing of the lines (the adopted plan shifted over 20% of the city's precincts into new districts) is working hand in glove with the Latham/Holmes/Ahlgren effort to replace the council with Bartlett Jr rubber-stamps.
Note too that their effort to find candidates in District 2 and District 9 failed. Ahlgren approached District 9 candidate Robert Pinney, offering support for his campaign, and sought to have him meet with Latham, but Pinney, an independent-minded neighborhood leader and well aware of Ahlgren's reputation and connections, rejected his overtures. This seems to explain the change from "We do not have a recommendation in this race, yet," to "We will not oppose the incumbent in this race." Was this group aiming to knock off a potential rival to Bartlett Jr's 2013 re-election bid? (District 2's rubric changed from "We are still evaluating the candidates and will have a recommendation shortly," to "We will not have an endorsement in the primary.")