Conflict 101 - UPDATE: Clendenen cleared of conflict of interest complaint

UPDATE: ◼ Clendenen cleared of conflict of interest complaint; FPPC said there is 'insufficient evidence'

The Fair Political Practices Commission has cleared 2nd District Supervisor Clif Clendenen on allegations of a potential conflict of interest with his seat on the railroad authority.

The commission sent a letter, dated June 15, to Fortuna resident John Pelletier, who filed the complaint earlier this month. The letter stated, “after review by staff, it was determined that this complaint does not contain sufficient evidence to allege a violation of the Political Reform Act's conflict of interest provisions.”

According to a copy of the original complaint, Pelletier argued that Clendenen is violating the act by being a partner in his family business, Clendenen's Cider Works, which is located within 500 feet of the rail line the North Coast Railroad Authority (NCRA) makes decisions on.

”It seems a victory for Mr. Clendenen for now,” Pelletier said Thursday. He did not elaborate on his concerns.

Clendenen has served on the NCRA since 2009. The orchard property, which is owned by Clendenen's mother, is adjacent to the Northwestern Pacific Railroad Authority route.

”It seemed without merit, and I'm glad the FPPC concurs,” Clendenen said on Thursday.

◼ Complaint alleges railroad bordering Clendenen property is conflict of interest; supervisor says claim not an issue - TS
It's interesting where this shows up:
◼ humboldtmirror
and where it does not:
◼ humboldtherald

Eric has picked it up:
◼ Complaint filed with FPPC against Clif Clendenen - Sohum Parlance II

Adding prior coverage:
◼ Kier nabs NCRA appointment; County counsel: Clendenen can vote despite FPPC complaint - Times Standaard

A divided Humboldt County Board of Supervisors voted Tuesday to approve the appointment of William Kier to the North Coast Railroad Authority Board of directors.
The board's 3-2 vote, with Supervisors Virginia Bass and Jimmy Smith dissenting, came after more than a dozen members of the public addressed the board, with many of them openly lobbying for the board to appoint former NCRA Executive Director Dan Hauser....

Much of Tuesday's public comment was spent debating the concept of “rail banking” -- using out-of-service rail corridors for pedestrian trails or other uses until the corridor is needed again for rail service. A number of speakers said “rail banking” would bring an end to the railroad in Humboldt County and to the economic opportunities that would come with a revitalized rail line.

Jane Woodward said that, at a time when the nation is investing in rail, as is philanthropist Warren Buffett, it would be foolish for the board not to support revitalizing the railroad.

◼ Councilwoman Linda Atkins resigns from NCRA board - Times Standard
◼ Supes appoint Linda Atkins to North Coast Railroad Authority - Times Standard

The Humboldt County Board of Supervisors voted 4-1 to approve the appointment this week, with 5th District Supervisor Jill Duffy dissenting and adamantly stating her opposition -- not to Atkins, but to the application process.

Among her primary objections was the treatment of long-time NCRA board member Charles Olivier, whose seat Atkins will assume, as well as the lack of complete information on the applicant's philosophies and the related discussions held out of the public process.

◼ Supes Tap Atkins for Rail Authority - Humboldt Sentinel

Supervisor Clif Clendenen, the other Humboldt County rep on the NCRA since shortly after his election last November, said the board had a variety of good candidates to choose from to entrust with an incredible asset like the railroad -- but then implied the need for increased trail construction to be met by himself and the new appointee.

“I’m excited to recommend Eureka City Councilmember Linda Atkins for this position,” he said. “She appreciates the multiple-use opportunities of our right-of-way.”

◼ Choo-Choo Politics: The Poll! - Lost Coast Outpost

◼ Railroad authority says rail not dead - Times Standard

But, if it is up to that "coalition of environmental groups" it will be as they are bound and determined to kill it. Question is, will it be with the help of complicit Supervisors?

One for Cap:

◼ DERAILED: Is ethics complaint the end of the line for Clendenen as NCRA director? - The Mirror
....◼ Clendenen FPPC complaint

Once upon a time we had men who risked lives and limbs to carve their way across a continent. Through desert, granite cliffs, and across mighty rivers.

Now, the sandalmen plot ways to keep a rail line from being restored. And the question is always, why?

4-1 vote - railroad DOA

Why waste anyone's time or money with a railroad authority? It is, for all intents and purposes, dead. And Neely, Lovelace and Clendenen ought to be upfront about their intentions. My opinion.

Save the County alot of money, close the port and shut down anything to do with the railroad, The shut-it-down crowd is on power and nothing will stop them now.

You voted for them. You got it.

◼ Supes appoint Linda Atkins to North Coast Railroad Authority

Elections have consequences

The regressive "Progressive" agenda steams ahead.

◼ BOS TUESDAY, JUNE 23, 2009 agenda

3. Appointment of Linda Atkins to the North Coast Railroad Authority.(Supervisor Clendenen and Supervisor Neely)
RECOMMENDATION: Approve the appointment of Linda Atkins to the North Coast Railroad Authority.

Question: Who else applied? Where does Linda Atkins stand on the railroad? With the shut-it-down crowd? And if so, WHY would you appoint someone who may have no intention of seeing things work out for the railroad? Is it the intention of the Board of Supervisors to sabotage any efforts to make PROGRESS with the railroad efforts?

◼ Railroad Fanboys Dissed Again The Journal

The Humboldt County Board of Supervisors is poised tomorrow to deliver yet another slap to the cadre of railroad dreamers who have been hoping against hope, year after year, to restore freight service along the 10-years-dead Northwestern Pacific Railroad line and so develop the similarly stagnant Humboldt Bay into some kind of entrepot in Pacific Rim international trade.

On the agenda for tomorrow’s Board of Supervisors’ meeting is an item that would appoint new Eureka City Councilmember Linda Atkins to the seat on the North Coast Railroad Authority currently held by über-railfan Charles Ollivier. Ollivier, a former longshoreman, represented the McKinleyville area on the board of the Humboldt Bay Harbor, Recreation and Conservation District until 2007, when he was handily defeated by fish biologist Pat Higgins in what amounted to a referendum on the wispy harbor-railroad scheme.

The staff report for tomorrow’s item notes that three candidates submitted their application for Ollivier’s seat — Atkins, Arcata City Councilmember Michael Winkler and former state senator, Arcata City Manager and ncra Executive Director Dan Hauser....

Obviously, the two Supervisors who put this on the agenda do not care about qualifications.

Note: supporting documents on the County website, for this item are incorrectly posted, what you get are the docs for the parenting item.

Note - In response to mresqaun in comments below: This is not necessarily about Linda Atkins = has there been any discussion about this matter in open session? Has the Board discussed this appointment? And made a public decision on this appointment? Has the public provided input?

Or did two - or three? - supervisors decide, on their own who was to be appointed?

Perhaps someone just made a mistake in writing this thing up - and these two Supervisors were just making their preference known ahead of time, and an underling made this error.

◼ Supes appoint Linda Atkins to North Coast Railroad Authority