TRUTH ALERT!

In their ongoing fight against needed energy infrastructure, Columbia Riverkeeper (CRK) has once again found themselves at the center of controversy. This time, it may prove costly.

Last Friday, reporter Carrie Bartoldus of NorthCoastOregon.com uncovered stunning evidence showing CRK had misrepresented its role in the recent Clatsop County recall elections. Engaging in direct or indirect election activity by a non-profit organization is prohibited by law.

The NorthCoastOregon.com article provided dramatic evidence that, in explicit contrast to written assurances by CRK, the organization was involved in the efforts to recall county commissioners. In denying CRK's role in the recall, yet working secretly behind the scenes, VandenHeuvel and staff have exposed the organization to potential IRS rule violations which could jeopardize the organization's nonprofit status and/or subject it to fines and taxes.

In January we launched our "truth" offensive campaign as part of our mission to hold people and organizations accountable for their statements and promote honest dialogue about the energy challenges facing this region. In our experience, CRK has one of the worst track records when it comes to being truthful when discussing aspects of these projects.

In fact, some observers might say the latest problem was just a matter of time, since carrying the anti-LNG banner has proved to be an effective fundraising tool for the organization, making it too tempting to stay away from the debate when it wasn't allowed.

We believe that CRK's pattern of behavior is counterproductive to promoting a reasoned debate about our region's clean energy future. When misrepresentation encompasses activity explicitly prohibited by law, we felt it appropriate to call upon the CRK Board of Directors to investigate these staff activities...if only to protect the integrity of the thousands of dollars donated to the organization in good faith by people who assume the law is being followed.

Hood River based Columbia Riverkeeper's Olivia Schmidt confronts local woman surrounded by people Schmidt bussed in for a rally in front of BOCC meeting place, Guy Boyington Building, photo by Samantha VanVlack, October 2009.

First, some background:

In the October 27th Clatsop County recall election, Commission Chair Jeff Hazen handily defeated the recall attempt, while Commissioner Ann Samuelson lost her seat by a margin of four votes out of 2,022 votes cast in her district (50.1% to 49.9%). The overall turnout for both recall elections was 50.7%. Because the results were so close, state election law triggered an automatic recount. In the end, Samuelson lost her seat. However, another recall is planned for December 8th for a third County Commissioner.

In her investigative report, Bartoldus revealed communications and other campaign-related activities among CRK staff and its Executive Director, attorney Brett VandenHeuvel. The problem is that the evidence directly contradicts written statements contained in a July 27th letter by VandenHeuvel to County Commissioner Samuelson vigorously denying any CRK involvement in the recall, though standing by his organization's opposition to LNG.

VandenHeuvel should be concerned.

It's a fact that not-for-profit 501(c)3 organizations are prohibited from directly or indirectly participating in any election activities. Compounding CRK's problem is that Oregon's ethics rules prohibit an attorney from making willful misrepresentations of fact before quasi-judicial bodies such as the County Commission. As a result, VandenHuevel may have also violated Oregon's ethics rules, and could become the subject of a bar complaint.

VandenHeuvel demonstrated his involvement in helping with a media release regarding the election and directing staff to comment on the outcome in various online forums, with the third recall still pending. As highlighted in the story, CRK Organizer Olivia Schmidt sent an email asking for permission to send out the press release and asked VandenHeuvel and Columbia Riverkeeper Conservation Director Dan Serres to give her a hand in correcting it. Readers can plainly see that the final release was significantly different than the one Schmidt originally proposed; warning other elected officials about what could be in store for them if they support permitting LNG.

The smoking gun was Olivia's mistake in leaving her original rough draft and the previous correspondence with VandenHeuvel, evidence that was uncovered by reporter Carrie Bartoldus.

The reported campaign activity was not just limited to VandenHeuvel's actions. Early in the campaign and on the very day VandenHeuvel wrote a letter denying CRK's involvement in the recall election to the County Commission, the same Olivia Schmidt sent out an email blast to CRK supporters, stating that Commissioners Hazen and Samuelson "have repeatedly ignored their responsibility to their constituents in favor of pushing through the proposed Bradwood Landing Facility." Later in the alert, Schmidt provides contact information for people interested in "making a financial contribution or getting more information about the campaigns."

An examination of Oregon's campaign finance reports for the recall election by Bartoldus also discovered that a Mr. Jesse White was paid for his work on the Samuelson recall campaign, listing his employer as Columbia Riverkeeper. Late in the campaign, the same Jesse White called Commissioner Ann Samuelson at home asking her support for the recall initiative. Obviously, White did not realize that she (Samuelson) was the very target of the recall. When this was pointed out to him, he apologized.

Executive Director VandenHeuvel is no stranger to controversy. Some of our readers may recall earlier this year when VandenHeuvel came under fire for circulating a scathing email criticizing Representative Tobias Read and Oregon Speaker of the House Dave Hunt in connection with a bill that CRK opposed. Following a protest organized outside the home of Tobias Read, VandenHeuvel was widely criticized in the press and ultimately was forced to apologize for his statements and conduct.

This time, however, an apology may not be enough to get him out of trouble. It will be interesting to see how the Board views these latest developments.

To see the NorthCoastOregon.com exposé and related documents, please visit their site.

The documents can also be viewed on the Energy Action website.