Senator Chaudhary suffered serious consequences related to Commissioner Fink's efforts to change slot limits on Fish Lake. What was Commissioner Fink's role?
Kathy Heltzer addressed the board on July 6, 2010. Her statement included
Chair Rauker and Commissioners,
My name is Kathy Heltzer and I live in Duluth. I come before you today as a spokesperson for the We are Watching Campaign. It has been nearly 3 years since we launched a community-based effort in response to the behavior of a number of commissioners that we found to be not representative of what the people of St Louis County expect of their elected public officials.
I must say that I am disappointed by Commissioner Fink’s recent actions regarding an attempt to influence a particular part of the Natural Resources Omnibus Bill during the last legislative session.
It is my understanding that the Board prioritizes their legislative agenda and comes to some agreement with respect to what areas of legislation should be the focus in any particular year.
Was the Board aware of Commissioner’s Fink’s lobbying efforts pertaining to the slot limit policy for Fish Lake-a lake on which Commissioner Fink owns property yet is in Commissioner Nelson’s District? Was the Board aware of the two letters Commissioner Fink sent to Senator Chaudhary regarding this matter? Was the Board aware that on both occasions Commissioner Fink clearly identified himself as a St Louis County Commissioner and that his letter of May 12th was sent using letterhead from his office, leaving no doubt that his actions were in his capacity as a SLC Commissioner versus a private citizen?
Was the Board aware that Commissioner Fink used his public office on behalf of his “fishing buddies”-a term he used in his letter of April 1st to Senator Chaudhary?
In their investigation into the conduct of Senator Chaudhary the Senate Ethics Committee found that his behavior was “threatening public confidence in the legislature” Does this Board not have the same concern with respect to “public confidence” in the St Louis County Board?
As one of it’s goals the We are Watching Campaign seeks to:
1. To ensure that commissioners operate in a manner that reflects the goodness of the people of St Louis County; that commissioners are accountable; that the commissioners are fair and that the actions of the commissioners are just
We have sought openness and transparency and this most recent conduct by Commissioner Fink is the latest in a series of actions demonstrates neither.
We certainly hope that this behavior came as a surprise to the rest of the Board and we also hope that you will clearly take action to indicate that this is not the “norm” in county government!
Kevin Skwira - Brown Addressed the Board Tuesday June 1st as follows:
Chair Rauker, Commissioners. My name is Kevin S-B
I am here as a constituent of the 1st District currently represented by Commissioner Fink to let you know that I am outraged by Commissioner Fink’s most recent example of self- serving, ethically questionable politics.
There is a clear appearance that Commissioner Fink used his position as a County Commissioner to subvert the will of the people and the work of the DNR by instigating a series of events that generated the highly criticized special fishing regulation amendment that eventually led to a vetoing of the entire Natural Resources Bill.
On the surface it looks as if Commissioner Fink used his position as a County Commissioner in an attempt to change fishing rules on a lake on which he recently bought property. Are there any rules about using one’s elected position to lobby for legislation that serves personal and perhaps political interests despite the issue not ever being brought before, or voted on, by the Board as a whole? Is it really OK to use the Tax payer expense account to pursue agendas neither debated nor adopted by the Board?
If this is what this was about, then it reflects yet another example of good Ole Boy, self interest politics that those of us who have been watching County government have been speaking against, and the citizens of St. Louis County are tired of. Maybe it is time the citizens of the 1st District return Mr. Fink to the private sector.
Yet perhaps this isn’t what it appears on the surface.
While Senator Chaudhary has accepted responsibility for acting on the misinformation provided to him by Commissioner Fink, Commissioner Fink has yet to accept responsibility for setting things in motion. A closer examination of the chain of events makes it appear as if DFL Senator Chaudhary was actually set up by Commissioner Fink. When Commissioner Fink chose April 1st to send his initial letter misstating the outcome of the DNR public process on the possibility of Walleye slot limits on Fish Lake, Senator Chaudhary should have been wary. Instead he trusted St. Louis County Commissioner Fink, Chair of the St. Louis County Natural Resources Committee and moved forward with an amendment to supposedly speed up regulations that were in fact neither widely supported by the citizens involved nor endorsed by the DNR. Then, at the 11th hour, on May 12th near the end of the session, with the amendment already being inserted in the State Natural Resources Bill by Northern MN’s Representative Dill – someone Commissioner Fink is well connected to - Commissioner Fink sends a letter ( See letter Here :Commisioner letter to Chaudhary Commissioner Fink's letter to Senator Chaudhary)and then makes contact with Senator Chaudhary to say – oops I got it wrong, lets not do that special regulation after all.
It took Commissioner Fink nearly forty-five days after he confidently sent his first letter requesting and justifying special regulations be worked into a Bill to retract his misinformation. 45 days during which he didn’t put the issue on a County Board agenda, despite the fact that he used his elected position and County letter head in his communications with Senator Chaudhary, - 45 days during which he later claims to have had numerous conversations with DNR folks and outdoors people all apparently discounting his original claim that the will of the people is for special regulations now, 45 days during which no discussion of the issue took place at County Board meetings. Then with the chain of events too far along to reverse – on May 12th, the day Commissioner Fink’s Northern MN colleague Representative Dill had already inserted the language tied to Senator Chaudhary into the Natural Resources Bill, Commissioner Fink wrote a vague letter, still showing a majority of people supporting the changes and suggesting that he talk with the Senator. He now claims this letter withdrew his request?
While leaving Chaudhary open to criticism and the bill open to veto due to shady politics, Commissioner Fink went on to claim, as he did in the Star Tribune, that he didn’t think when he made that request, that Chaudhary was going to go and act on it.
If years of attending these meetings have taught us anything it is that we will now hear how the citizens have it wrong again. When his exuberant praise and disproportionate support for the owner of Falk’s pharmacy led to questions about his relationship with Falk’s owner Steve Preston, Commissioner Fink, in this room, failed to answer the question and instead had Mr. Preston deny their long standing friendship. Now we will hear how the citizens of St. Louis County are taking things out of context, or are misguided in our understanding.
If Commissioner Fink wants to come clean on this, then let him begin by disclosing and producing for public scrutiny all of the communications he had with Senator Chaudhary, Representative Dill and other elected officials or their designees regarding Fish Lake. Let him produce for public scrutiny the alleged petition that he used to claim authority to advocate for special regulations using his title as County Commissioner.
I am requesting copies of all written communications between Commissioner Fink and Senator Chaudhary and Representative Dill and any other legislator concerning this matter, as well as a complete and accurate log of all personal, electronic and phone communication between the same as relates to the Fish lake special regulations. I am further requesting copies of and details regarding the petition, which allegedly contains falsified names, and the meeting summary which is said to have been given to Commissioner Fink and perhaps passed on to Senator Chaudhary.
These documents when acquired will be available for the public to see along with other material already posted at northernmnnews.com that is northernmnnews.com
Thank you.
Kevin Skwira Brown
We Are Watching
We Are Watching Goals
1. To ensure that commissioners operate in a manner that reflects the goodness of the people of St Louis County; that commissioners are accountable; that the commissioners are fair and that the actions of the commissioners are just
2. Ensure Adoption of a Code of Conduct for St Louis County Commissioners and required
attendance at sexual harassment and diversity
training for all commissioners
3. To provide an avenue for the people of St Louis County to be more aware of the actions
of their commissioners
Towards the end of the 2010 Legislative session, Senator Satveer Chaudhary, DFL Fridley, received communications for over a month from St. Louis County Commissioner Dennis Fink (both own property on Fish Lake, a district of the county represented by Keith Nelson) seeking a change in fishing regulations on Fish Lake. Fink allegedly stated that there was overwhelming support at Fish Lake for a change in the slot limit regulating which fish could be legally taken from the lake. The Senator passed the letter along to the Representative for the District, David Dill who has frequently made changes that have not been properly vetted in committee at the end of the session. Dill happily obliged and Commissioner Fink's wish became law. He now says he was "duped".
Fink contacted Chaudhary on the day the language was added to the bill saying he felt he and Senator Chaudhary should talk (see letter) and now claims that letter recinds his request however the letter was unclear and the amendment had already been added, as he had requested.
Commissioner Fink had it wrong. Very wrong. Fish Lake residents were furious and demanded something be done to undo the unwelcome change in slot limits. Senator Chaudhary, like Commissioner Fink owns property on Fish Lake and the Senator has enjoyed a good relationship with the folks there. Last month he met with a large group of residents and apologized, took all the blame and shouldered all the responsibility. He did so again Thursday evening May 27 in Fridley. At the first meeting, in Fish Lake he promised to seek to have the bill recinded. At the later meeting, the Governor had vetoed the whole Fish and Game Omnibus Bill and Chaudhary faced angry constituents who were confued and upset by his interference in due process. Senator Chaudhary revealed he's asked for a review by the ethics committee of the Senate over this matter.
Commissioner Fink's requests were made without respect for the DNR's due process, or, it appears, the council of other St. Louis County Board Commissioners and gave no opportunity for public comment on an issue that impacted all the citizens of St. Louis County. Citizens need to be aware that a few County Commissioners are regularly lobbying at both the state and federal level. It is not always clear what they are lobbying for and at times including this instance, it does not appear that the issues have been discused and or voted on by the board.
The expense of such lobbying is a substantial burden to the county. While at times they use a letter, often travel, lodging and meals are paid for by residents for their efforts. While claiming to be careful with our funds, a few commissioners have spent a great deal on such ventures and there is little transparency into exactly what they are seeking.
Our county pays for lobbyists already - we pay for their services and commissioners discuss and vote on the issues they shall lobby on. That expense is fixed and planned. What is unfixed and unplanned and obscured from any scrutiny by the public is the lobbying done by County Commissioners. It seems that there is need for some sunshine on what some commissioners are seeking and for the benefit of whom.
5 27 2010 : Pawlenty vetoes bill with Fish Lake walleye rule change
"Chaudhary, a Democrat from Fridley, has said he received inaccurate information that a majority of nearby residents wanted the change"
According to the Duluth News Tribune, County Commissioner Dennis Fink gave misleading information to the Senator in hopes of altering a decision made by the Department of Natural Resources which had been the result of an open and transparent public process.
"A request for the legislation was carried from local residents to county commissioner Fink, Fink told the News Tribune on Tuesday. Fink sent a letter to Chaudhary asking for the special regulations on Fish Lake. Fink said he passed along the request in his capacity as chair of the county board’s Environment and Natural Resources Committee." Duluth News Tribune
Discourse during the 35-minute meeting was civil and respectful. Although Chaudhary provided little information that hadn’t been in media reports on Wednesday, he reiterated his earlier apologies face to face with local residents.
“I was happy with it (Chaudhary’s appearance),” said Mark Geistfeld of Pike Lake. “I’d like to have had (state Rep. David) Dill and (St. Louis County Commissioner Dennis) Fink show up. He took the bullet for those guys. I respect him for it.” Duluth News Tribune
Should County Commissioners serve on the County Planning Commission?
A recent discussion at the St. Louis County Board Meeting focused on the possibility of eliminating having an elected County Board member on the Planning Commission. One concern discussed was that each county board member is elected to represent an area and has an inclination to make decisions favorable to his or her area rather than with concern for the county as a whole. Other concerns were raised and the video for that discussion will follow. It seems timely to review Dennis Fink's role on the County Planning Commission, this article from the Timberjay relates to the handling of a proposal by a large corporation that went against precident. TimberJay Article
A majority of St. Louis County Commissioners support non ferrous mining between Duluth and Ely, despite the fact this has never been done safely in an environment that was not arid, we are in delicate wetlands and watersheds that flow into the great Lake Superior. St. Louis County is steward to these watersheds and the purity of the water that flows in them.
The map above shows the Duluth Complex - a sulfide and ore bearing area of mineral estate land - the location of Polymet due north of Duluth. The Boundary Waters are just north of Polymet, the Superior National Forest surrounds Polymet and the mining exploration includes the watersheds of the St. Louis and Cloquet Rivers as well as Lake Superior. Toxic wate will seep from the plant , already does from a dump on the existing site. More waste means more pollution going into the wetlands and waters. When sulfuric acid dumps into wetlands it forms toxic methylated mercury - the very form of mercury referred to in the movie to the left.
This movie was made at the Polymet DEIS Meeting in December. This was a public meeting, not a hearing - two politicians were allowed to address the assembled citizens for about 15 minutes. Then the DNR's hired consultant group presented an overview of the Polymet project for precisely 30 minutes. Citizens were not permitted to speak to the assembled group - it was a meeting not a hearing - and that met the legal requirements for informing the public. There was feedback at the time that the public wanted to hear one another's statements but that was not allowed, statements were given one on one and recorded or sought in writing. Before and after the "meeting" there were DNR staff in a large hall, citizens were able to ask them questions as in this instance. The answers were complex and important though often difficult to hear. There was nowhere to sit as a citizen, only the staff were given chairs. It was a challenging learning environment.
Precious Waters A movie about the Mining proposed in Northern Minnesota
Dissenting view: Creating our own Appalachia means giving up too much
By: Marc Fink, For the News Tribune
Over the years we’ve seen, in the Appalachia region of West Virginia and eastern Kentucky, what happens when a single industry becomes a sacred cow, supported by politicians across the spectrum for their own self interest and political survival. The end result has been tops literally blown off mountains, vanishing streams and continued poverty in local communities.
This scene, unfortunately, now seems to be playing out in Northeastern Minnesota as our local, state, and national politicians compete with each other to see who can offer the loudest support for corporations entering our state to strip-mine copper, nickel, and other metals from the Iron Range.
Lost in the politicians’ rush to support this new type of mining in Minnesota is not only the horrid record of similar projects across the country, but facts disclosed in the just-released draft environmental review for the PolyMet proposal.
For instance, the proposed mine site is within the Superior National Forest, where an open pit strip mine is not even allowed. Instead of enforcing this provision to protect a public resource, the U.S. Forest Service entered into private negotiations for an exchange of national forest lands with PolyMet.
As I understand it, the proposed mine would directly destroy more than 850 acres of high-quality wetlands with more than 650 additional acres of wetlands indirectly impaired. The total wetlands impact would be more than 1,500 acres. And the vast majority of the required wetlands mitigation would occur outside the St. Louis River watershed.
Lakes and streams downstream of the proposed site already are impaired due to mercury pollution, prompting fish consumption advisories. The proposed mine could result in seepage of high sulfate concentrations, which, according to the draft analysis, could create “high risk situations” for mercury methylation. As explained in the analysis, methyl mercury is the “active form of mercury that accumulates in fish and is toxic to humans and wildlife.” The proposed mine would place tailings on the former LTV tailings basin, which is unlined and already causing seepage to groundwater and surface water.
According to the experts of tribal cooperating agencies, water collection and treatment could be needed for 2,000 years to avoid further water-quality contamination. How do you factor that into any financial assurance from the mining company?
The PolyMet mine also could destroy nearly 1,500 acres of critical habitat for Canada lynx and wolves. Moreover, the project could affect two of only 13 remaining wildlife corridors across the Iron Range, with additional projects anticipated to affect nine of these corridors.
The mine is expected to generate nearly 400 million tons of waste rock and account for an annual carbon footprint of 767,648 metric tons of carbon dioxide emissions.
The mine site is located within the 1854 Treaty Ceded Territory, where the Bois Forte Band of Chippewa, Fond du Lac Band of Lake Superior Chippewa, and Grand Portage Band of Chippewa retain hunting, fishing and gathering rights.
And PolyMet is just the first of a number of potential copper-nickel mines in Northeastern Minnesota, with our political leadership showing little restraint in its thirst for supporting this type of industry across the region.
If we commit to decades of additional and environmentally harmful mining, are we locking ourselves into a permanent resource-extraction economy — at the price of long-term pollution from Lake Superior to the Boundary Waters — while driving away other industry and points of view?
Too bad our politicians have apparently failed to ask this question.
Marc Fink of Duluth is a senior attorney with the Center for Biological Diversity.
We are Watching has presented a report card to the County Board and asked the board to address the issue of the employees who have been harmed by the sexual harassment by Commissioners
November 2008
Over a year ago Citizens of St. Louis County gathered here to denounce the injustice perpetrated by four members of the County Board when they voted against holding fellow Commissioners Fink and Rauker accountable for inappropriate sexual behavior as determined by an independent investigation.
From that original gathering was born the We are Watching Campaign - concerned citizens who have been monitoring the County Board, reporting on their actions and advocating for greater accountability, transparency, ethical behavior, civility and responsible use of County resources.
We are now prepared to provide the community with a report rating the conduct of each commissioner for each area studied.
While our goals encompass more than the sexually inappropriate behavior and racist comments which served as a catalyst for this campaign, it is with renewed outraged that we call on citizens of St. Louis County to speak up for justice for the two women who, after being subjected to sexually inappropriate behavior have had their lives unraveled and their livelihoods taken away.
The men who were found to have perpetrated the inappropriate behavior continue to walk the halls of County Government as do those who voted to ignore the findings of the independent investigation while the women who stood up for their right to fair and respectful treatment are without work, without incomes and struggling to put their lives back together.
Today we call on citizens of St. Louis County to demand that County Government right this wrong and make the appropriate reparations for the harm that was done. We call on citizens of St. Louis County to contact the County administration and County Commissioners urging them to act responsibly and justly in resolving the outcomes for these two women and to undertake meaningful action to make County government more accountable and transparent.
This is the link to the recording of a land sale discussion that Commissioner Keith Nelson charged was just a couple of sentences taken out of context. It is more than 40 minutes long and has been posted here in it's entirety all along.
1. To ensure that commissioners operate in a manner that reflects the goodness of the people of St Louis County; that commissioners are Accountable; that the commissioners are Fair and that the actions of the commissioners are Just
2. Ensure Adoption of a Code of Conduct
for St Louis County Commissioners and required
attendance at sexual harassment and diversity
training for all commissioners
3. To provide an avenue for the people
of St Louis County to be more aware of the actions
of their commissioners
