Corrections to published material,

November 6, 2010
Gresham Outlook
Opinion by Mark Garber

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Marni Zollinger
 Original statements on the left; my responses on the right.

 If you were driving past  A reasonable introduction, no corrections

needed…
The Outlook’s office last
week, you might have
noticed a group of sign-
waving protesters in
front of the building
demanding that this
newspaper “print the
truth.”
 This might suggest that the proposal was made only a few
Well,
monthsI can explain
ago. the proposal
The full purpose, wasand submitted
did so withMarch
your
2009, 19 Editor, Ms.ago,
months O’Dell,
whichin fairly
is alsoprecise
knownterms.
as “more than
a year and a half ago”. Truncating the time period also
The the
truncates reason for inaccurately.
record the protest was as follows:
Let’s help those doing
The their
Outlook had somehow become the
own research to start in the right ‘umpire
place.of
honesty’ between the Wand (Republican) and Kahl
The(Democrat)
proposal was campaigns. The Outlook
then presented hadWork
in a public reported
Session
exhaustively
May 26, 2009. That public meeting wasn’t required asthe
on Nick Kahl’s statements that stretched no
truth on the relationship between Matt Wand
city assets/ credit were involved, but I was glad to oblige. and
 I don’t have adequate space Americans For Prosperity.
The city’s decision
Outlook had systematically
On theforward
was to move
ignored
other hand,
Wand’s
uponthe
due
grotesquely
diligence.
here to fully explain what the false August 3, Press Release which was an attack not on
KahlDue but diligence
on me, a citizen and constituent of Troutdale.
protest was all about, but here We felt that
is a procedure
highlighting one
that involves
candidate’s stretch
asking
questions to see if the participant’s reasonable questionsof truth,
while
can beignoring the The
other’s attack using false materials on
are the basics: Troutdale answered.
hisask
own constituent
City’s Administrator simply would
not questions andwas not ethical
so declined journalism.
to perform the due
resident Marni Zollinger, the diligence. With the approval of the majority of Council, a
TheDavid
protest was staged:
leader of the protest, City Councilor,
1) (in the
Hartmann,
only way we
performed the due
diligence over the following months. Bycan)
to demand folks that 2010,
August the
approached her city months ago Councilor
Outlook give fair treatment
Hartmann
unofficial
was abletotoboth candidates
confirm in itswith
last points
a visit ourrole as honesty
Senator’s officeumpire.
in DC.
with an idea for converting the
2)
AllApertinent
public demand
points that Mr. Wand, as a public
and I official
town’s garbage into energy and and the author of a
supported,
false Press
Hartmann
Release, should
dinner-meeting of a minority of Council at McMinamins
hosted a
remove it
other useable products. and
onshould pay for
September 11,the audit
2009 tothat was any
address required
That’s what most honorable people do.
final to refute it.
questions.
Following that meeting, Councilor Wand stated that he
would support the proposal subject to a Jobs Projection
and confirmation of ability to finance non-recourse to the
city. I provided that material to Mr. Wand.
 Well, not according to the record.

October 14, 2009, the city produced a ZESC

Letter of Intent for the US Treasury’s Clean Renewable Energy Bonds.
Following this, some city officials, including Mr. Wand,
put up such resistance that it was deemed prudent by Councilor
Hartmann to convene ‘Mediation Sessions’. I understand that the reason
for this detour was to deal with the excessive mis-information
that had somehow surrounded the proposal.

During the period of mediation, it was confirmed that the Mayor

 City officials, of Troutdale had spread gross misinformation to certain
officials outside of Troutdale, this confirmed by those external officials.
including Councilor
Matt Wand, looked Though Councilor Hartmann remained optimistic
that consensus would emerge, during the mediation hiatus I made additional
into the idea just proposals to others including the Reynold’s School District
so that even in absence of Troutdale’s performance revenues from wholesale
long enough to green electrical sales could be re-injected into the local economy.
figure out they The Troutdale mediation ended awkwardly when it was determined that the
didn’t want to get Mayor had entirely circumvented the Troutdale Council on a wind energy proposal.

involved. I considered the proposal to Troutdale-proper “dead” before Christmas of 2009.

Councilor Hartmann has the email record rescinding the offered proposal.

Early 2010, I amended the proposal in a manner (ARRA Section 1603)

that made the West Columbia Gorge Consortium a best partner–
they had zero bond authority (that was a +) and they could disperse
revenues into all of east county through economic development. I was
happy with this transfer away from Troutdale.
 As they say, meh.

The city made a decision to perform on due diligence, Councilor

Hartmann performed this, the city submitted an LOI to the Treasury and
then blew up the opportunity before the end of the year. I think I will let
the people of Troutdale decide its pleasure on that, assuming the Outlook
will engage to expose those concepts to our voters.

The Outlook editor has rightly pointed out that a small city might not
have the expertise to perform. I agreed. I once persuaded Councilor
 Zollinger was Hartmann away from his intent to pull the city administrator up on harsh
performance review because I believed that administrator was honestly
displeased with out of his depth.

that decision and I will point out that one of the reasons for 3rd party certifications such as I
presented is that cities do not have much expert staff on hand. So,
with the way city providing such cities with expert statements (as I did, because they lacked
staff on hand) and having them operate as if only in-house experts could
leaders had gone be trusted (though they admit they can’t afford them) is a conflict.

about My displeasure was incurred when instead of performing due diligence

properly, Mr. Wand – a City Councilor- determined to act in a manner
investigating her that was unethical and illegal. Had he succeeded, Mr. Wand might have
cost that expert his engineering license. The city may not have had the
idea. expertise, but Mr. Wand,
“proposal” ascorrect
is most a practicing attorney, certainly did. Mr.
terminology.
Wand’s on-record inducement and deception (having the education to
know better) suggests he is unworthy of public trust.

I corrected Mr. Wand –copying the city- at the offended expert’s direct
request and considered it resolved.
 Completely true, by gosh.

Long after I had taken the proposal to others, the city

launched a “sting” that resulted in 1) no charges, 2) no
investigation on anyone, but 3) the FBI will not give back an
$84 MM asset that was seized. The Patriot Act allows
seizures of private assets without charges. This outcome was
foreseeable by someone of Wand’s experience. No one ever
gets their names taken off the No Fly plane lists, either.

 At one point, Inasmuch as the city had the information that it was
ostensibly seeking (and why was the city seeking anything at
the city even all, at that point?) already, I submit that the city’s motivation
in staging a “sting” was to try to tie up the energy proposals
referred some elsewhere long enough for the political season to pass
(electing Wand) without any announcements of some other
of the municipality contracting for a development that Troutdale had
spurned. It was ridiculous in concept- many cities choose to
information say No to an economic development opportunity. It isn’t rare
and it isn’t illegal. I offered a mechanism to defer the benefit
to the local of a federal grant to the Consortium and the Consortium could
have just said “No, thank you.” No one would ever have
office of the forced an assignment of net revenues or a federal grant benefit
where it isn’t wanted.
FBI.
So, Troutdale really did that, folks.
A city with an annual budget of $15 MM arranged for the
seizure of a private asset value $84 MM by making a false
complaint.
 The FBI itself has stated that our materials have gone to archives and
no investigation was opened.
I think These
this is are factsasthat
written anyone
though there cancould
ascertain
with a Troutdale FOIA be and
some accessing
dispute. the ThefirstWand reporter. You write
Press Release
“disputes” as though there
called is me
a dispute.
Key Campaign A more Worker–accurate expression
which
might have been “There is no FBI investigation.”
isn’t true at all. The records confirm that I
In other words, it was a 2fer –
never worked for Kahl. Ever. I have never
But, let’s pretend. Let’s pretend that Mr.
submitted a jobWand just believed
application for anythat there
was A anlocal
FBIfreelance reporter did the work of
investigation.
campaign, Republican or Democrat. Really,
contacting the FBI and determined that Mr.
I vote my pocketbook which is energy and
Shouldn’t Mr. Wand Wand’s
have assertions were
tax confirmed
policy and this point
I don’t
false.
before
think
In a defensivean
I’mlaunching
all that
 This matter then became a minor issue in
ugly, damaging Press Release,move, especially
Wand sentwhen
Maybe out
this the
a
is
different from most Americans in that
press
reporter
a It- release
contacted
Isn’t-
pasting thosecampaign
falsehoodsmanager on me, and smeared
the campaign between Wand and
the FBI and confirmed to Wand’s
respect.
never an FBI investigation,
I admitMinor-When-It-Is-
that I was surprised
it all overeven Nick ofaKahl.
that
Youtothere
learnwas
this contradicting
year that thekind parties private
thing.
were assumption
actually
Democratic state Rep. Nick Kahl, who
(rather un-lawyerly, that) which confrontation
organized things- that they occurred before Mr.
held monthly
Wand Poor Kahl
made theI guess had
Press IRelease?had no idea that
Wand just unseated on Tuesday. Wand’s meetings.
Wand/Troutdale Correction: was naïve to Matt
had everofficial
think they
launched the false
just met every 2 years.press
campaign sent out an e-mail alleging that
As a citizen of the citycomplaint uponWand
and a constituent, mehowtoCampaign
thedidFBI
release.
Mr.orWandarranged for
anticipate
the seizure
that I should of an
recover from$84theMM US private asset.
damage?
Zollinger was working with the Kahl I’ve never worked for any campaign, though
I’ve volunteered for several. I voted for
campaign and that she was under
Ms. O’Dell suggestsGeorgeNo Mr.
that one Wand
should everresponsible
W Bush isn’t
intelligent. My question
say Matt Wand
is, think
because
twice (in fact, I volunteered
why didn’t
isn’tMr.
the
Wand didn’t check for certain
more foronBush these things.
I didI for exactly I the
investigation by the FBI. Zollinger,
opposite, that Mr. Wand press, which was
is responsible
changed
than
monitoring
because
from Republican
Kahl).
hetodidn’thonesty
Democratcheck on
however, counters that she was a
these things. Mr. Wand between campaigns,
had credible
registration
seize upon–from
information
partially
this horror?
due to Mr. Wand’s the FBI’s
email and their statement provided toantisocial
the reporter, that he just
campaign volunteer, not a “worker,” demonstrably
chose not to believe. This isn’t the same as not having the
behavior.

because she wasn’t paid. She also

information. He knew.Well, Everyone
Four cities had the materials:
in leadership
that, and the contrast
if they read
in with
them, they
east county
Senatorknew.
knewtax Mr.
Wyden’s admirable renewable energy
disputes that there is indeed an active
Wand/Troutdale’s attemptparity to cause an investigation
position. I will admit failed
thereand arean asset
FBI investigation. had been seized. I have this question- multiple why aren’t the other cities
factors.
(which lost potential revenue source because the Consortium proposal
was halted) holding Troutdale and Mr. Wand accountable?
 Well, sortof. You didn’t have to print all of it, maybe just the
lightlights. Mid-story: Wand himself admits he was part of the
Troutdaleans to create a false report that resulted in the
seizure of a valuable private asset. Or End of Story: Wand
prints gross, harmful falsehoods about his own constituent to
beslime his political opponent.a Matt
Correction, Or Beginning of Story:Press
Wand Campaign Wand
votes for development offering
Release onpossible revenue
the blog, & jobs then
NW Republican,
killswhich
it behind scenes.
anyone of the 6 billion people
on earth can find on the internet.
 The Outlook didn’t see All of the narratives were options that would have been a
reasonable way to inform
• the
Mr.voters
Wandabout Mr.have
will not Wand’s record
it taken it as
much news value in a an elected official. Your readers could have down.made their private
deductions of Mr. Wand’s character from this. Most people like
back-and-forth debate over to know as much •as possible
their vote. The Outlook’s
about
The blog whaterases
admin they are
choice (similar
response to not print
my“getting”
to this
Powerpoint
the one)
record was
thus
with

an e-mail that got very also a choice to suppresspreventing

the recordthe
about Mr. Wand
corrective that
audit and the
Outlook, for some reason, didrecord not want
fromtobeing
expose to the readers.
presented.
little distribution – and our
decision not to do a story • You yourselves at the Outlook
Meanwhile, the Outlooksystematically
was making statements
removed thecomparing
audit and the
is what led Zollinger torelative
the honesty of the 2its
candidates.
powerpointNoresponse
Wand’s grossest falsehoods.
where did
Outlookreaders
of Outlook wouldn’t
from
prior
youthemention
correct
view
to thethe
front of our building, “honesty” record between the candidateselection.
prior to the election.

insisting we print the Your rationale was• that noYouroneuse

hasoftothe
accept
worda “email”
third partywhenCPA
“truth.” audit. You and Mr. Wand could
your just
staff choose
is fully not to
aware believe
that it is anit.
official Press Release and that it is
Alright, but why not print the story
posted onlineand
is athe audit and
disservice let the
to your
readers decide? To wit, why removereaders.the audit from the view
of your readers, prior to the election?
 I would have settled for a reasonable
summation of the records
as I just gave you.
 As newspaper people, Good, explicit records
we’re pretty good at provide the parameters to any story.

reporting facts, but it Why did it take a protest to get this

side of the story out?
doesn’t take too long in
What kind of publication ever
this business to figure gets just one side?

out that just about Your Editor, Ms. O’Dell, was nice enough but
every person has his or had persistent problems describing the proposal
accurately. Words matter, and the details that
her own version of the she mistook were critical.
This is what happens when only one
“truth.” side of any question is examined: inaccuracies
are more likely to be printed.
 Thank you, again, sortof.
One of the reasons why that crew of people was protesting
the Outlook office was so that the rest of the people
District 49 would have the opportunity to see more about
the other side of the story. You had this information and
on-purpose you printed it too late to affect the election,
which election, I believe, was the reason Mr. Wand
attacked me in the first place.

 If you want to learn Now, I have a Representative who urges in print ideas that
are almost sociopathological.
more about
Please try re-reading his Press Release and putting your
Zollinger’s version, own name in there. Please try Mr. Wand’s words on
you can find it yourself.

online at Your Editor’s suggestion that I sue Wand is rather lame:

who would hire a lawyer to sue another lawyer who has a
big law
Yep, thatfirm and
is the friends
link to theinpowerpoint
every corner of the area
I created to or at
least people
address now beholden
Mr. Wand’s to him?
falsehoods in hisYou,
Pressthe Outlook, are
Release.
the press that is supposed to be watch-dogging the
 scribd.com/doc/39647031 officials for us. News- the record- is your game and the
reason you exist. I have no political war chest with which
to defend myself or pulpit from which to expound.

The cost to me is huge. Example to follow:

 On-line Comment to Garber’s Opinion Piece, #1

 Re: Marni Zollinger's protest

I did my own background research on Zollinger when the Troutdale proposal first came up. The terms
shocking & disturbing came to mind immediately. The words vindictive, sore loser, domineering & un-
relentless control freak come to mind too, across multiple states where Zollinger has created turmoil.
There are plenty of comments that could be made from my assessment, but I'd really like this (my)comment
to not be disqualified from print for a personal attack. I'll just leave it at that & you can Google Marni
Zollingner for yourself. There's an interesting court case in FL. Is "Zollinger vs Troudale" far off?
"Please move far, far away Zollinger"
Think about this. This person doesn’t know me and must be unable to read the energy dealings in other locations to
have come up with this analysis of my writings. What have I done elsewhere? Nothing but what was requisite for
those political sub-divisions to be successful. In Florida, I fought for them to have access to a bankable, marked-to-
market contract, just as is required by law, but the FL PSC wouldn’t allow it. Others appear to have submitted data
(implying that it was ours) eliciting a decision in Florida. The officials In Florida will not disclose who provided the
data. We aren’t pressing it (that would be counter-productive). There is not and never was a court case in Florida.
That might be a more honest falsehood by someone who doesn’t understand what they are reading? I have never sued
any municipality or public service commission. I have never sued anyone at all.
These are the kinds of attacks that Mr. Wand has encouraged upon me in my own community. I live here, go to church
here and my children attend school here. I have repeatedly expressed my willingness to sit with anyone and discuss
any aspect of the record. Why hasn’t this person taken me upon this offer? I’ve been as open and forthright as I know
how to be. I think this comment is breathtaking in both cruelty and falsehood and follows Mr. Wand’s example….
which ‘leadership’the Outlook deliberately refused to display to the rest of the people in east county.
 How to make things right?

 Well, that’s a difficult path. Mr. Wand and Troutdale have been so destructive it is unusual to make all
things whole again.

Here are some suggestions:

 1. Take down the harmful, false Press Release. No constituent should be attacked by anyone running
for an office. We the People should be off-limits.

 2. Pay for the audit that was required to refute the false Press Release. Not only should I not have to
defend myself from my own public official, I shouldn’t have to pay for it.

 3. Attempt to restore the valuable private asset to its rightful owner. I realize that is a big task. Mr.
Wand should resign from Troutdale Council early in order to devote some time to undoing the damage
and resolving the record. If Mr. Wand is ready to start fixing instead of breaking things, he knows
how to contact me.

http://www.scribd.com/doc/41948236 Outlook Opinion piece, http://www.scribd.com/doc/41948236 Comment 1

scribd.com/doc/3964703 powerpoint with audit at the end, responding to Mr. Wand’s false Press Release.
This original reference page includes the audit and the fully documented ethics complaint.