Washington Public Ports Association
From Sunshine Review
Contents |
[edit] History
The Legislature of the State of Washington provided authorization for Washington Port Districts inn Chapter 31 of the Washington Laws of 1961, under the title of coordinating administration programs and operations.[2]
[edit] Function
WPPA, through its executive committees exercise authority over a broad range of topics. [3]
The statutory function of the WPPA specified by Washington State law in RCW 53.06.030 is to create a biennial report to present to the governor and to the legislature.[2] (See Criticisms)
[edit] Dual role
The WPPA has grown to become an organization with over a million dollar annual budget, which performs a number of statutory governmental functions while it conducts separate, private lobbying activities as a registered lobbying organization.[2]
[edit] Lobbying priorities
The Washington Public Ports Association outlines its lobbying priorities in its WPPA 2009 Legislative Priorities. [4]
[edit] CERB funding
CERB is the state’s only economic development infrastructure program. The WPPA wants continued funding.[4]
[edit] Industrial cleanups
The state local toxics account funds the cleanup of toxic waste sites in local communities. The WPPA believes this creates jobs, and wants further funding. [4]
[edit] Climate Change priorities
WPPA wants to receive funding if and when "green policies" are instituted as a solution to climate change worries. The associaiton's legislative priorities state that "Washington’s ports are uniquely positioned to house emerging green industries – such as wind turbine manufacturing – that will create new, high wage, green collar jobs". [4]
[edit] Freight mobility funding
The WPPA wants transportation projects geared towards freight mobility to expand and continue getting funds for the purposes of improved transportation and the creation of jobs. [4]
[edit] Public-private partnerships
Public-private partnerships promote investment in the industrial and manufacturing sectors which the WPPA aims to support.[4]
[edit] Administrative
Port District Commissioners are vested with discretion to pay to the WPPA an amount up to one cent per thousand dollars of assessed value in their respective Districts. [5]. The WPPA is subject to audit by the State Auditor under the express terms of law, RCW 53.06.060. [6]
The WPPA, like its City counterpart the Association of Washington Cities, AWC, has been repeatedly recognized to have standing to seek declaratory relief in the Courts and administrative agencies of the State of Washington. This has been the case in actions involving revenue, Wash. Pub. Ports Ass'n v. Dep't of Revenue, 148 Wn.2d 637, (2003), land use, (Futurewise v. W. Wash. Growth Mgmt. Hearings Bd. (WPPA as Intervener) Docket Number: 80396-0 and Shoreline Management issues. [7] The WPPA also works closely with the Puget Sound Partnership[8] to insure that the cleanup of Puget Sound proceeds in accord with the direction of its member ports.
The president of the WPPA, Dick Marzano, a Tacoma longshoreman for 33 years, served as president of the International Longshore and Warehouse Union Local 23 from 1989-95, until his election to the Port Commission of the Port of Tacoma in November 1995. He currently serves as vice president of that union. Another notable Port-Londgshoremens Union figure is the spouse of the president ILWU Longshore Local #47, who is gainfully employed as the chief scheduling clerk in the Washington State Supreme Court, where she competently and ably serves the public in determining how and when cases will be scheduled to be heard before the Court.
[edit] Criticisms
While the WPPA's shadowy nature and lack of transparency has been criticized, it must be conceded that the interests of Washington Ports are zealously protected and advanced by the privately incorporated WPPA, which is often represented in legal matters by counsel from the Goodstein Law Group, PLLC, and Erik Laschever of the legal juggernaught Stoel Rives, who specialized in facilitating major infrastructure projects. With its broad member constituency, experienced lobbyists, and its connections to both the longshoremen's Union and the State Supreme Court, the WPPA is a force to be reckoned with in Washington State Politics.
While the intent of the Washington State Legislature in creating the WPPA was somewhat limited, and the legal restrictions on its lawful organization very circumscribed by Title 53.06 and 39.84 of the Revised Code of Washington or "RCW", some contend the Legislature’s theoretical intent and restrictions have been transcended by the practice of the organization in the real world. In practice, this organization that was originally intended to provide for administrative efficiency in the limited role of making of a biennial report, and whose lawful functions cannot exceed training and education of port employees, has grown into an agency with over a million dollars a year in annual budget which conducts lobbying and various other activities.
There is no evidence that the actual and primary function of the WPPA as mandated by RCW 53.06.020, the preparation of a biennial report to the Governor and Legislature, has ever been performed, in 48 years since its inception
[edit] Taxpayer-funded lobbying
Although the WPPA is authorized under RCW 53.06.080 to employ a distinct nonprofit corporate organization under chapter 39.84 RCW, any nonprofit corporation utilized must by law be created for the sole purposes of education and training for port district officials and employees.”
Significantly, while the WPPA is itself a nonprofit organization, it is not formed under chapter 39.84 RCW, since that statute postdates the (1961) articles of incorporation of the WPPA by several decades. The 1961 WPPA Articles of Incorporation have not been amended in 48 years, and do not expressly provide authority for lobbying activities. In the 48 years since the WPPA filed its Articles of incorporation, a number of regulatory reforms have been adopted into law, the Open Public Meetings Act, the Open Public Records Act, SEPA, and the laws on executive conflict of interest. It is uncertain how these laws may apply to the activities of the WPPA.
[edit] Connections to state
The WPPA maintains close and cordial relations with the Governor's office, the Washington State Judiciary, as well as the Longshoremen's Union. Washington State Supreme Court Chief Justice Gerry Alexander regularly attends their annual meetings to express his affection and admiration for the group and its member ports. [9] To the Chief Justice's credit, these close personal ties do not interfere with his judicial duties.[10]
[edit] Additional reading
[edit] External links
[edit] References
- ↑ Ports FAQ
- ↑ 2.0 2.1 2.2 Arthur S. West v. Washington Public Ports Association and Robert Van Schoorl. No. 361 12-4-11. COURT OF APPEALS DIVISION I1 FOR THE STATE OF WASHINGTON.
- ↑ Washington Ports, Committees
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 WPPA 2009 Legislative Priorities
- ↑ RCW 53.06.040
- ↑ RCW 53.06.060, Financial records of association and any nonprofit corporation utilized by port districts subject to audit by state auditor
- ↑ Supreme Court of Washington, No. 80396-0
- ↑ Pudget Sounder Partnership
- ↑ Washington Ports, Members letter, Nov. 2008
- ↑ TCFC Reporter, Justice in Washington Courts, April 2009
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