Olympia Port Votes for “Acceptable Cargo”

Above: The meeting room was packed with community members wanting to provide comment to Port of Olympia commissioners on the topic of “acceptable cargo,” Monday evening. The commissioners passed a resolution affirming their continued acceptance of ceramic proppants and other “safe and legal” cargo, such as military cargo, energy products, forest products, and agricultural products.

By Janine Gates

http://janineslittlehollywood.blogspot.com

The Port of Olympia may need to find a larger room for its commission meetings as community interest increases in its policies, finances, and business decisions.

At least six Port staff willingly gave up their seats to accommodate the crowd. Jeff Smith, port finance director, rolled out more chairs as community members continued to file in and sit in chairs and on the floor or stand lined up along walls for the three and a half hour long meeting Monday night. 

Among other business, on the agenda was a discussion and vote on acceptable cargo. 

The resolution was written in response to the week-long November rail blockade of a Union Pacific train leaving the Port of Olympia carrying ceramic proppants and centered on the Federal Shipping Act of 1984 that states “terminal operators cannot unreasonably discriminate in the provision of terminal services.”

The resolution also makes several statements regarding its expectations for law enforcement agencies with jurisdiction to promptly take appropriate action in the event protest activities violate local, state and/or federal laws.

Port staff, rail blockade protesters, water protectors, longshore workers, Vietnam veterans, tribal members, students, youth, and elders all spoke to their perspective on the issue. 

Throughout the evening, 46 individuals spoke at public comment opportunities.

Many urged the commissioners to not rush to a vote, while others, many of them longshore workers, urged them to make a decision, get on with other issues, and enjoy the holidays.

Addressing port safety issues, Port of Olympia human resource staff member Jeri Sevier read a prepared statement detailing current working conditions for port staff, foreshadowing possible future legal implications if the situation does not improve.

“….As leaders of this Port, I am sure you find it to be very concerning – that your employees are enduring intimidation and harassment. Protesters have broken our windows, sprayed graffiti on our building, an employee being attacked and harassed while driving Port vehicles through town.

“Almost daily I am getting reports of employees being flipped off, being yelled at while entering the Port building or by driving a port vehicle. You as our highest leadership at the Port understand the impact your actions – or inactions have had on the hard working loyal employees that are doing their jobs day after day – all to make the Port successful. 

“The Port staff feels unsafe in our current working environment in the City of Olympia. We as employees set aside our personal beliefs to fulfill the mission of the Port.  I ask that you, as a Commissioner, set aside your personal beliefs and start doing what is right for the Port of Olympia and its employees.”

Later in public comment, port citizen advisory committee chair Frank Gorecki suggested that staff travel in pairs with cellphones, call 911 as needed, and take photographs of any threatening behaviors. He also wanted to know the City of Olympia’s response to city police Chief Ronnie Roberts’ statement.

Olympia Police Chief Ronnie Roberts denounced the Port of Olympia and its acceptance of ceramic proppants during a council meeting on November 22.

As discussion began on the resolution, Commissioner Joe Downing added an amendment, adding brief language for the inclusion of alternative energy products as acceptable cargo, along with conventional energy products, such as the ceramic proppants, military cargo, forest products, and agricultural products. The addition was approved by all commissioners.

Above: Port Commissioner E.J. Zita reads prepared remarks at Monday night's meeting. Zita illustrated her points against the resolution’s passage with a PowerPoint presentation.

Susan McRae spoke and presented the commissioners a stack of papers which she said contained over 800 signatures of residents of Thurston County.

The title of the petition is, “No Oil Fracking Sands at Our Port,” and reads, “We, the residents of Thurston County, demand the Olympia Port Commission no longer allow oil fracking sand or any cargo related to the extraction of fossil fuels to enter our Port. We want a port that doesn’t significantly contribute to climate change, the single greatest national security threat to the United States. We urge the Port to protect our climate. Native treaty rights, communities, water and wildlife and transition to sustainable economic practices that will not devastate the beautiful planet we live on.”

McRae, as did many other speakers, took issue with the resolution, and its phrase “safe cargo.”

Quoting a portion of the resolution, McRae said that while the port cannot unreasonably discriminate in the provision of terminal services, “it is not unreasonable to reject fracking sands. Fracking sands are unsafe because of how they are used and what they are used for. They cause great harm to our environment and endanger our national security….We need the Port to have a long term vision, looking to a sustainable future. We need an open dialog about the Port’s operations and the future.”

One longshore worker called the petition a slippery slope.

“…I’m just trying to make a living, send my kids to college, and retire with dignity.…(all this divisiveness) is jeopardizing our abilities to provide for our families.”

Helen Wheatley presented testimony saying that the resolution is a misinterpretation of the Federal Shipping Act and illogical that the port could accept and handle any and all cargo that is safe and legal. She also took issue with the Commerce Clause, and the cited RCWs, which she said are irrelevant to cargo.

She said the purpose of the Shipping Act of 1984 was to regulate shipping practices, not cargo.

“It was an effort to create sustainable competition and discusses the relationship between the port to the carrier or person, not the carrier’s cargo. This law is no threat to the Port, as Rainbow Ceramics would have to press its case and risk the possibility that the Federal Maritime Commission or a judge might well find the port’s refusal to take its cargo is “reasonable.

“If you want to require openness to certain forms of cargo, be honest and say that you are choosing this path, and allow the public to consider the matter on its merits. Don’t hide policy making behind a cloud of statutes that dissolves under scrutiny….”

Speakers pointed out that port executive director Ed Galligan has declined cargo in the past, such scrap metal. In that case, the port did not have the adequate infrastructure to contain it, it was oily and would have caused environmental contamination of the terminal, and the noise that would have been produced in its processing would have been disruptive to nearby neighborhoods.

“When we say we don’t want fracking sands to come through the Port of Olympia, he (Galligan) says that we have no choice - the Port has to receive any cargo that is “safe and legal,” as if the ships carrying proppants just show up. The truth is that it was on the Port’s own initiative that Rainbow Ceramics, the proppant company, was solicited,” said Pat Rasmussen, who has repeatedly asked for Galligan’s resignation.

“The Port is not an island, the City of Olympia is not an island…you should have turned down the proppants due to inadequate infrastructure…If you needed an additional warehouse, the shipper would have to put up the money for that. Environmental concerns are paramount but somewhere along the lines, economically reasonable, adequate considerations need to be made,” said Denis Langhans.

Langhans was referring to the need for an additional warehouse to store the proppants. A port request in 2014 for $50,000 to build a warehouse was refused by a previous commission, with Commissioner McGregor in the minority of the three member commission. Proppants currently sit outside in bags on marine terminal property under black tarps.

One Vietnam veteran spoke to the port’s past acceptance of military cargo.

“When I see a Stryker going down I-5, I see a trail of bodies. When I see proppants, I see villages being destroyed, the climate being destroyed….” He urged the commission to appreciate what water protectors are doing.

“If Olympia wants to be competitive in the future, it needs to invest. We cannot be left behind. We need to start making these shifts to make Olympia an economically viable place to invest in the future,” said Marles Blackbird, a Hunkpapa Lakota tribal member of the Standing Rock Lakota Nation.

Longshore worker Jim Rose said that if the Port of Olympia doesn’t accept the cargo, they will go to Everett, Seattle, or Grays Harbor to do the job. 

If that happens, “we’ll get in our cars, burning fossil fuels, running up and down I-5,” he said.

After hours of debate, Mike Cox, a lifetime resident and graduate of Tumwater High School and The Evergreen State College, urged the commission to make a decision. 

“There’s no reason to talk about this anymore…Make a decision! Don’t sit there and let them fight each other,” he said, motioning to the crowd. “Do your jobs, worry about other issues, and get through the holidays….” 

The final resolution passed, with Commissioners Bill McGregor and Downing voting yea, and Commissioner E.J. Zita voting nay. 

Galligan said that the port is in the process of scheduling upcoming discussions with both the Squaxin and Nisqually tribal councils.

It was the last port meeting of the year.

Above: With no time left on the clock, Olympia resident T.J. Johnson rushes to present commissioners and port executive director Ed Galligan with glasses of water and urged them each to drink it if they thought fracked water was safe.

Olympia Union Pacific Rail Blockade May Qualify as “Terrorist Attack”

Above: The railroad blockade continued in downtown Olympia on Tuesday. Early Tuesday, at 6:00 a.m., the Union Pacific police department served notice to protesters to vacate the tracks within two hours. They did not do so and Union Pacific officers did not come back. 

Port, Union Pacific, Olympia Police Departments Involved

By Janine Gates

www.janineslittlehollywood.blogspot.com

Editor's Note, November 16: Headline was changed from "Olympia Union Pacific Rail Blockade Qualifies as "Terrorist Attack" to "Olympia Union Pacific Rail Blockade May Qualify as "Terrorist Attack." Little Hollywood only cited one source for the legal information that was obtained from inside the blockade camp and provided to protesters on site. Little Hollywood appreciates the feedback.

The blockade of a Union Pacific train carrying ceramic proppants in downtown Olympia by protesters may qualify as a terrorist attack under federal codes and involves Port of Olympia security, the Union Pacific police department, and the City of Olympia police department.

Ceramic proppants are ceramic coated beads of sand created in China and used in the process of hydraulic fracking to allow for oil extraction. The train carrying the proppants from the Port of Olympia is destined for North Dakota's Bakken oil field. 

The evolving group of activists, collectively known as Olympia Stand, have created a camp on and near the tracks, and have increased their security measures. On environmental grounds, many are willing to risk arrest in a direct action to prevent the train from leaving Olympia. 

Climate scientists are clear that in order to stave off catastrophic climate change, 80 percent of fossil fuel reserves need to stay in the ground. 

In a press release issued November 13, the Olympia Stand group says it will continue to “fight the import or export of fossil fuel infrastructure until the Port of Olympia finds alternative uses for the marine terminal.”

Ports are considered separate municipalities, like a city or town, and have their own security force to protect port property. State law applies in ports, but some federal charges may also apply because ports are considered critical infrastructure of commerce. 

The Olympia Police Department has largely employed a hands-off approach, but officers have been seen in the area.

Little Hollywood asked the Olympia Police Department on Tuesday if it is cooperating with the Union Pacific Railroad special agents.

“We are working with Union Pacific Railroad police as well as working with other local agencies to ensure the city remains safe. Although the Union Pacific Railroad police department is the primary agency handling this matter and it is their jurisdiction right now, we recognize it is in the heart of our downtown and whatever comes of this will likely carry on to our city streets,” said public information officer Lt. Paul Lower.

“The group occupying the railroad tracks has put flyers up in a number of locations downtown Olympia which indicates they are unwilling to cooperate with anyone and will carry out their plan “by any means necessary,” using words such as “fight,” “attack,” and “fight back” to define what they mean. 

“The City of Olympia Police Department’s primary concern is the safety of our community. We are working hard to keep our community safe,” he added.

The encampment on the tracks has grown since the protest started last Friday.

Early Tuesday, at 6:00 a.m., protesters were served notice by two Union Pacific special agents based in Portland to vacate the railroad at 7^th and Jefferson Street. Little Hollywood was told that one officer recorded the interaction with a camcorder.

Protesters were given a two hour warning and told to vacate by 8:00 a.m., however, railroad agents did not show up at 8:00 a.m.

There is a split in the railroad tracks between 7^th and 8^th Avenues in the area where the protesters are located. On Monday morning, protesters were contacted by another railroad company that operates a nearby track and were asked to untie a rope that was in the way of that railroad line’s property. 

The rope was anchoring a tent, and protesters untied the rope as requested without incident.

About that same time, a Port of Olympia inspector and a supervisor also showed up, along with Olympia Police Department officers, but there was no incident, and all officers left the scene.

Union Pacific Police Department History

Union Pacific has a police department staffed with more than 220 special agents, who are responsible for all Union Pacific locations across 32,000 miles of track in 23 states. 

Special agents have primary jurisdiction over crimes committed against the railroad and are certified state law enforcement officers with investigative and arrest powers both on and off railroad property in most states. They also have interstate law enforcement authority pursuant to federal law.

In 2014, the Union Pacific Police Department achieved accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) for complying with the highest law enforcement standards. Only 17 percent of U.S. law enforcement agencies have earned the CALEA accreditation.

The railroad police force dates to the mid-1800s, when the number of U.S. Marshals was insufficient to police the country's growing rail network. Members were called Pinkertons, named after their originator, Alan Pinkerton.

Today, each Class I railroad employs special agents across the country to protect the rail network.

According to the Civil Liberties Defense Center, railroad tracks, and usually the land extending up to 50 feet on either side, are private property of railroad corporations.

Railroad police have interstate jurisdiction and can investigate and enforce all state law crimes against railroad whether or not the officers are on railroad property.

There are special state and federal charges that may be brought against protesters interfering with railroads and trains.

Federal charges typically involve the use of violence, but many non-violent actions may face serious charges and is written in a 1992 code rather broadly as

“terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.”

Disabling, wrecking, or derailing any on-track equipment or vehicle, as well as making tracks, depots, bridges, tunnels, signals, warehouses, etc. unusable or unworkable also qualifies as a terrorist attack.

Also according to the Civil Liberties Defense Center, collecting information, surveilling, photographing, videotaping, or diagramming railroads or equipment to assist in any of this behavior may also qualify as a terrorist act, as does attempting, threatening, conspiring, or conveying false information about an attempt to do any of the above. 

All the above qualifies a Class C felony punishable by up to 20 years in prison and/or fines.

State charges also exist for railroad-specific behavior in Washington, including obstructing or delaying a train. This is a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine. 

For more photos and information about the rail blockade, Olympia Stand, the Port of Olympia, and ceramic proppants, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

Heck and McDonald Debate 10th District Issues

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

A debate Monday night between the 10th Congressional District candidates, incumbent Democrat Denny Heck and Republican challenger Joyce McDonald, drew about 60 people. The event was held at the Washington Center for the Performing Arts in Olympia.

Cythnia Iyall, chairperson of the Nisqually Indian Tribe, moderated 11 pre-determined questions, and Allyson Brooks, vice president of the Olympia chapter of the League of Women Voters, asked several questions posed by audience members, written on index cards.

The debate was taped for broadcast on Thurston County Television (TCTV).

Heck mentioned the Seahawks game in progress as a possible reason for the sparse crowd and kept the audience up on the game score during the debate and announced its outcome at the debate’s end, which received the loudest cheer of the evening.

Heck answered each question with confidence while McDonald read some answers about national or international issues from prepared notecards.  She spoke most warmly and effectively about being a former foster parent and softball coach, and her time as a state legislator. McDonald also has several years of experience on the Pierce County council.

Questions covered standard election issues: the revenue disparity between rich and poor, federal legislation for curbing carbon emissions, the quality of the rail system with regard to safe fossil fuel transport, immigration, foreign policy, wounded veterans, jobs and more.

Questions posed by the South Sound audience were also wide ranging. McDonald was sometimes vague, as was Heck, who also liked to tell stories and use his allotted time to its fullest capacity.

In brief:

Should the Washington Redskins be compelled to change its name or face Congressional censure?

McDonald: …Public pressure should do the job for them…. the market tends to work quite well in these cases...I don’t think it’s the role of government….

Heck: Yes. Nobody has the right to engage in a racial slur….It's deeply insensitive to the First Peoples of this nation....

The Trans Pacific Partnership - How can we protect our local environment and jobs?

Heck: Well, I think you've touched upon two of the three criteria I think applies to any proposal for the Partnership...this is kind of a big deal - this is a proposal to enter into a trade agreement with 11 other nations…it is fraught with both danger and opportunity: Three criteria should include: 1) assurance that its adoption will not harm workers…2) Assurance that we are not just exporting low governmental standards… 3) assurances that it will protect our sovereignty….we ought not to delegate the right to set policy for America. 

McDonald:  …At the Congressional level, I would very clearly be working on it depending on what committee picked it up…this is a very important issue, a more important issue for Washington State than for some others so I’d be following this very closely….

The proposal to de-list the Great Wolf from the protection of the Endangered Species Act:

McDonald: I wouldn’t support that...I don’t think they’ve come back with enough population to warrant that…

Heck: …Science ought to dictate this…it ought not to be a political decision, it ought to be based on science. It just seems to me that it shouldn’t be that difficult to determine whether or not the base of that population is sufficient….

What to do about the high incarceration rate in the United States:

Heck: …I think it’s more than worrisome when America has the highest incarceration rate in the world…This is a very expensive way to deal with problems in our society...it’s a lot cheaper to invest up front…in a strong education system so they can see the future of hope….

McDonald: …In Pierce County, we put in place other alternatives to incarceration and allow… alternatives to court such as drug court and veteran’s court…and put people into pathways…rather than just put them in jail and throw away the key…As a former foster parent, I understand that some people have to play the hand they are dealt, but we need to bring people alongside so they can get the help and encouragement and modeling that they need to become productive citizens….

Funding priorities and if you would increase funding for the National Park Service:

McDonald: I’d love to but… my priority will be getting on board with a plan that will reduce the federal debt so we don’t continue to burden our future generations….so I won’t be going there to increase funding. I’ll be going there to see if we can’t find a way to maintain…what we have….

Heck: The fact of the matter is that we get to the point that the funding for providing for some of these facilities and services is so low that it will end up costing us more in the long term… our national parks have been degraded over the last several years…The bigger threat is sequestration….

If Shelton were to receive 400 new immigrants who are meeting their families in Mason County, who should pay for the bi-lingual teachers and the load on the schools and the community?

Heck: It is the paramount duty of the state to make ample provisions for the education of all children….It is unequivocal….

McDonald: Unfortunately, the state of Washington would have to pick up the bill for those children… but this is just another example of …where the federal government has…failed to do its job….to enforce existing law. In my perspective, this is something that should be picked up, at the very least, by the federal government….

Should President Obama ask for a declaration of war against the Islamic State? How would you vote and why:

McDonald: Well, I think it’s evident that the Islamic State has made a declaration of war against the United States and its citizens by beheading American citizens and other citizens of allies of the United States…I think it’s definitely something that should be debated in Congress. It’s not that simple, an act of declaring war and then we run into a country, and start bombing and put troops on the ground…. War is a very serious matter and people’s lives, people we love, who put their lives on the line….Our military is the best in the world….so I’m just not sure this is the right time to be making a declaration of war….but when the time comes, the President should go with Congress, and with one voice, we should take care of the business that must be taken care of.

Heck: …Not once has war been formally declared since WWII….think back to all our conflicts we’ve been involved with in the last seven years – not once, except WWII, did we formally declare war. What’s happening now at least is that the President is operating under…the Authorized Use for Military Force, AUMF, it is called. It was adopted by Congress in 2002, and that’s what he’s using… as his justification… What I do think is appropriate…and it’s past due, is for Congress to at least try…to… make it more reflective of our times… new conditions and/or limitations, new instructions to the President and our Armed Forces with respect to our involvement there….I think it’s a Congressional responsibility… to at least attempt it.

For more information on Representative Denny Heck’s positions, see an article dated January 8, 2014 titled, “One Year in Congress: Is Congressman Heck Giving ‘Em Heck?” go to www.janineslittlehollywood.blogspot.com and type key words into the search engine.