LettersAugust 07, 2009 NTU Responds to Western Governors' AssociationThe Honorable Brian Schweitzer
The Honorable C.L. "Butch" Otter
Western Governors Association
Attn: Patrick Cummins
Via Email: pcummins@westgov.org
Dear Governor Schweitzer and Governor Otter:
I am
in receipt of your letter, written by Western Governors' Association (WGA)
staff, responding to the concerns raised by the National Taxpayers Union
(NTU) over the possible intermingling of public and private funds in the
Western Climate Initiative (WCI) program. As I bear full responsibility for
the contents of our original communication to you, I will in turn respond
to your concerns.
As Governor
Otter should especially understand from his tenure in the U.S. Congress,
National Taxpayers Union's mission is to advocate for limited and accountable
government at all levels – a government that is less of a burden upon
the American people. Indeed, Governor Otter received no fewer than four annual
Taxpayers' Friend Awards from NTU for consistently voting in favor of lower
taxes and less wasteful expenditures.
That
is why we are surprised and disappointed that you and other Governors allowed
such a communication to be sent on WGA letterhead to NTU without first requesting
that an independent audit be conducted of the complicated web of funding
that currently supports the WCI process. Your response contains allegations
that we:
- "[S]uggested that general membership contributions of Western Governors
have been used to support the activities of the WCI;"
- "[Made] false accusations and innuendo [that] recklessly defame the reputation
of WGA;"
- "[I]nsinuated taxpayer expense and action by WGA without the knowledge
of Western Governors;" and
- "[P]ublicly spread accusations you knew to be false."
It is
regrettable that you have chosen to react to our letter and news release
in this manner, especially since both were drafted to carefully avoid drawing
any such conclusions. Indeed, the entire purpose of this effort was, in our
words, to "suggest that both WGA and WCI release to the public all relevant
legal, operational, financial and supporting documents relevant to WCI's
activities and any support WGA gave them."
The information
given us was to the best of our knowledge true and reliable, and none of
the points we made based on this information (which you call accusations)
were knowingly or deliberately false. As I shall explain in this letter,
however, the records you provided to Mr. Chesser raised many more questions
than they answered.
I can
only conclude that the harsh rhetoric in your letter – rhetoric which
was absent from our own communications to you – is an indication of
anger on your part. For that reason, I am truly sorry if the issues we raised
have caused you or your staff distress. That was certainly not our intention,
as we respect the reputation of WGA.
In any
case, I will respond to the various points you raised, quoting from your
letter where necessary.
1) "...WCI
is an independent project affiliated with the WGA. This is common practice
for the WGA, as indeed it is for associations of governments throughout the
world. In its 25 years, WGA has worked on a variety of separately funded
projects with a subset of Western Governors. In addition to the WCI, the
following organizations and projects are currently affiliated with the WGA:
- Western Interstate Energy Board
- Western Regional Air Partnership
- Western States Water Council
- Western Interstate Commission for Higher Education
- Western Renewable Energy Generation Information System
- Western Forestry Leadership Coalition
WCI was undertaken as an independent yet affiliated organization of WGA,
and some WGA staff also worked on the WCI project on a contractual basis."
According
to the facts made available to us, WGA's annual reports for 2007 and 2008
do not identify or provide information on WCI, as they do for some of the
other initiatives listed above. One would think that WCI might receive some
kind of prominent mention if indeed it closely resembles those other initiatives.
We could not even find a reference to Patrick Cummins as the Project Manager
for WCI in the reports.
Elsewhere
in your letter, you state that:
[W]hether
or not some of our Governors agree with a WGA-affiliated project is beside
the point. Each of us gladly supports the right of any of our colleagues
to organize themselves to discuss and develop responses
to the pressing issues of the day, and we are pleased if WGA
can provide a forum for independently funded efforts
to this end.
Yet,
WCI isn't even mentioned on WGA's "Climate Change" page, where one of the
entities you described above – the Western Regional Air Partnership – is
prominently mentioned. We contend that to an outside observer, these facts
might indicate that either WGA does not wish to give the impression of associating
itself with WCI, or that some WGA members are uncomfortable with discussing
WCI. After all, several of the Governors you mention as "Observers" for WCI
have publicly stated their opposition to cap-and-trade schemes – schemes
that are being actively developed under WCI.
2) "[Y]ou
suggested that general membership contributions of Western Governors have
been used to support the activities of the WCI, despite the fact that WGA
has voluntarily provided detailed records to specifically, categorically,
and conclusively show that all monies used to support WCI have been earmarked
specifically for this project. At no time have WGA dues or any other WGA
funds been used to supplement this work ..."
"WGA
provides organizational support services to WCI on a contractual basis. Staff,
overhead, and other costs are strictly segregated and separately funded through
WCI-specific sources. As was shown in the records provided, no WGA member
dues have ever been used to support WCI. It is unfortunate that you find
it 'difficult to see how tax dollars from non-WCI states did not subsidize
this process.' Nevertheless, this is the case."
The analysis
NTU conducted of the financial records released by WGA staff shows clearly,
in our view, that WGA staff spent an extraordinary amount of time promoting
the agenda of the WCI. The records that you provided do NOT confirm whether
WGA was completely "reimbursed" for that time, nor can they answer other
legitimate questions raised by NTU's analysis. For example:
- Did the WGA staff's participation in WCI projects deprive non-WCI-partner
states of work on issues of greater concern to them?
- According to Mr. Chesser, Patrick Cummins of your staff expressed concern
over the amount of time that might be involved in producing the materials
he requested. Was this an indication that WGA staff was already being taxed
in performing regular duties as well as WCI support?
- Did the WGA Board approve the use of WGA as a conduit for outside funds
by the specific advocacy organizations of WCI? No documentation from board
meetings or other proceedings was provided that could answer this question.
We raise
these concerns not out of disrespect for the integrity of WGA, but rather
our past experience with the interplay of funds in other organizations. As
Governor Otter well knows, for example, the Conservation and Reinvestment
Act he opposed while in Congress provided some $60 million in taxpayer funding
each year to environmental groups supposedly for official activities and
purposes only. Back then there was an obvious concern that organizations
with left-leaning agendas could be playing fast and loose with taxpayer dollars.
Indeed,
we find it ironic that Governor Otter would sign such an inflammatory letter
against National Taxpayers Union's questions about WGA possibly associating
its good name with a project backed by groups that have a radical environmental
agenda. After all, as the Governor should remember, he was a founder in the
fall of 2001 of Greenwatch, which he described then as a database to "monitor
and keep the extremists in check." Greenwatch went on to criticize a report
by the Pew Center on Global Climate Change in the following manner:
The Pew Center on Global Climate Change
recently released its agenda to combat so-called global
warming in a report entitled 'Agenda for Climate Action.' Like most
left-wing environmentalists' call to arms, it is a mish mash of bad
science and economics....
As you
know, the Pew Center on Global Climate Change has entered into agreements
with WGA to support the Center's "extensive involvement in the WCI." Knowing
this, we would hope you have at least some concern over the growing trend
of WGA associating itself with organizations and foundations whose agendas
seriously clash with those of taxpayers in other states. Apparently this
is not the case.
3) "[A]ll
Governors, acting as the WGA Board of Directors, were of course made fully
aware of all contracts that WGA entered into. As with any such organization,
the Board of Directors has a legal and fiduciary responsibility to be informed
of all such relationships, and to suggest that they did not perform this
responsibility is a serious matter."
Your
own accusation – that NTU suggested the Board of Directors did not
perform its legal and fiduciary responsibilities – is the false one
here. We simply asked the question, "Were all Western governors made fully
aware of the contracts and financial agreements WGA entered into, including
the public relations contract engaged to help 'shape public opinion' to support
WCI?"
In any
event, apparently the answer to this question may very well be "no." The Wall
Street Journal's John Fund, who many
of your member Governors know to be an excellent journalist with high integrity,
elicited the following quotation for a story he wrote that appeared on June
12:
One Governor I spoke with points out that the WGA is supposed
to operate on a consensus basis. He says the WGA's involvement
in planning climate change proposals
is serious overreach. 'The dues states give WGA come from tax money
and I
was surprised to learn just how much the WGA seems to be getting ahead
of many of the states on carbon
regulation,' he told me.
It is
quite possible that other organizations and individuals will request or review
WGA's records, and perhaps they will find answers to the perfectly legitimate
questions that have been asked about its arrangement with WCI. I can assure
you, however, that NTU considers its own involvement in this issue to be
concluded.
In closing,
I would remind Governor Otter of his wise words, spoken earlier this year
regarding transparency and openness of public finance:
We need to make sure safeguards are
in place and that every 'i' is dotted and 't' is crossed.
This is taxpayer money, and all of us are committed
to seeing it used in the most
effective and efficient way possible.
News
release, 2/17/2009
Being
good and accountable stewards of public resources requires nothing
less than our
best efforts.
News
release, 1/21/2009
These
principles were our only motivation in making our original inquiry and call
for disclosure of WGA, an organization that receives public funds. Based
on your reply, WGA does not seem interested in providing such disclosure
proactively.
Sincerely,
Pete Sepp
Vice President for Policy and Communications
This letter is available in PDF
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