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PART 2 - A Decade of the most memorable Harps

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(This is the second of two articles in which I am offering readers of The Harp a reprise of the stories from the past decade that were most memorable to me, some of which got little in the way of broad visibility but all of which got repeated visibility here for reasons that will become obvious.)


The story that was my personal favorite was actually several Harps relating to my friend Joseph L. (Joe) Galloway, one of the best-known correspondents of the Vietnam War, who has been on the road much of the past decade doing interviews with veterans of that conflict to preserve their memories.

The interviews by Galloway have been part of the 50th Anniversary Vietnam War Commemoration to honor those who fought in that war but were never thanked when they returned to a divided nation.
 
Galloway's travels to do the interviews, mostly about two hours in length and which he told me now number about 400, embody his commitment to producing the "the body of material for future generations who want to know what this war was all about."  
 
The formal launch of the 50th Anniversary Vietnam War Commemoration was on Memorial Day of 2012 and since 2013 Joseph L. (Joe) Galloway, one of the best-known correspondents of that war, has been on the road doing interviews with veterans of that conflict to preserve their memories.

Galloway, a reporter assigned by United Press International to cover the war, was selected by the Defense Department unit charged with administering the program to do the interviews to preserve for future generations.

Galloway, decorated for battlefield heroism at the Battle of Ia Drang in November of 1965 where he was the only correspondent and joked to me that he turned in his camera and took a machine gun, spent a week doing interviews in Seattle in the spring of 2015. I had urged him to come to Seattle for a round of interviews and found KCPQ TV willing to make its studios available for his interviews. He returned to Seattle for another round of interviews two years later.

I've written several columns on Galloway and his Vietnam interviews, partly because we were UPI colleagues (he in war zones and I as a political writer and later a Pacific Coast executive for the company). But in a broader sense because of a fascination with his perspectives on the war in articles and speeches, and the import of the battle in the Ia Drang Valley that Galloway and the late Gen. Hal Moore, then a lieutenant colonel in command of the U.S. Army forces in that battle, made famous in their book and a subsequent movie.

The battle became the subject of Galloway's and Moore's book, "We Were Soldiers Once...and Young," and the resulting movie, "We Were Soldiers," as well as a second book, "We are Still Soldiers... A Journey Back to the Battlefields of Vietnam" when the two returned to the battlefield years late.

In an earlier column, I quoted Galloway about his time on the battlefield, particularly at Ia Drang: "The men I met and the time we spent together fighting for one another was a life-changing experience that transcends the bonds of friendship and brotherhood."

During one of our interviews, Galloway said of the Vietnam veterans: "They are not bitter but I am bitter in their behalf. It makes me angry that those who came to hate the war came to hate the warriors who were their sons and daughters."


It was seven years ago that I first learned of and wrote about the then decade-old commitment by Bellevue business leader and philanthropist Joan Wallace to the mostly Hispanic children in the Yakima Valley community of Granger that changed their lives and the life of their community.  

Wallace listened over Thanksgiving dinner in 2003 while Janet Wheaton, her sister in law and principal of Granger Middle School, expressed concern that the children, who had little food at home, would be going hungry without their two in-school meals a day over the Christmas holidays because the school would be out.

When Wallace returned home, an email donation request to pay for Christmas baskets of food went out to a few dozen of her closest friends and associates and soon thereafter, a non-profit named "Children of Granger" was formed.
Joan Wallace

Thus began an ongoing commitment by two women, one an educator and one a prominent Bellevue business leader. Their continuing involvement changed the future for the families in the city of 3,500 where the population is 84 percent Latino or Hispanic and 35 percent of the families live below the poverty level.

After writing the first Granger column, an annual update of the dramatic things that continued to unfold in Granger because of Wallace and Wheaton became my regular Thanksgiving offering to readers of The Harp.

Everything they did was aimed at helping kids break the poverty barrier, from giving each child in all grade levels an annual $200 "slush fund" for things like shoes and coats to giving mothers of pre-schoolers learning toys that brought grants once they had proved the value of their "Ready for Kindergarten" program.

"While doing our best to take care of the immediate needs, we also believe it is equally important to cultivate self-sufficiency and to enable these children to finish school," Wallace said.

But the most dramatic story of the impact that the two women had was with the successful campaign at the middle school five years ago to build a program to improve attendance because of its key to educational advancement. They came up with a slogan that became a mantra, "Every Child, Every desk, Every Day."

Thus in 2014, I was able to share that the little non-profit had put together a relationship with nearby Heritage University and its largely Hispanic student body and that the relationship had led to the first-ever grant to Families of Granger.

The $15,000 grant from the Yakima Valley Community Foundation, due largely to the involvement of Heritage student and mother of four Alma Sanchez, was used to implement an attendance-incentive program that Sanchez had created.

Those two things basically made 2014 the little non-profit's most important year. And there was a degree of magic in the results of Alma's idea. a quarterly incentive program aimed at perfect attendance.

Driven by the attendance-campaign slogan and the commitment of children, parents, and teachers, the school set the mark for best attendance record in the state, with an absentee rate of 4 percent, compared to a statewide average of 16 percent absenteeism, outdoing schools even in places like Mercer Island and Bellevue.  

I knew that accomplishment would go largely unnoticed by media and business leaders in Western Washington. So I met with Kemper Freeman, Pam Pearson of Q13 and Mike Patterson, since deceased, whose law firm represented a number of school districts and together we created a special award called Innovations in Education.

All involved, most especially Wallace, Wheaton, and Alma, were honored at a banquet at the Rainier Club and presented with plaques to help them remember the accomplishment that helped change a community.

The Yakima Foundation got involved with a grant for the attendance campaign and has supported the annual effort since.

Last week an email arrived from Wallace advising that the time for an exit to her active involvement in Granger had arrived. "The time has come and the path is not only clear but exciting and gratifying," she said, adding in the mail to her Friends of Granger, "together we have made a difference." She included a chart that showed "we poured $425,000 into the community."

"Friends of Granger will go back to the community to be run by a committee of teachers and community leaders," Wallace wrote.


My first column on Shabana Khan came when in 2015 when she was struggling to raise sponsor money to put on the Men's World Squash Championship at Meydenbauer Center as the first time ever for the event in the United States and I was asked to help her. I wrote a Harp then because I was intrigued about the sport and her efforts and other Harps followed as I watched her progress.

The men's world event turned out to be a success, attracting attention in all countries where squash is prominent, and within a couple of years, the 51-year-old former national women's squash champion had grown to become nationally and actually globally prominent as the queen of the promoters of the sport of squash.

That growing recognition for her efforts has come as a result of a few giant steps while to her frustration and the frustration of a few key supporters, her local visibility has come in small steps, including virtually no local media visibility.
 
Her late father, Yusuf Khan, brought the sport of squash to Seattle from his native India a half-century ago and, as one of the world's top squash professionals, proceeded to bring Seattle to the attention of the national and international squash establishments. Yusuf, who died in October of 2018 at 87, saw his two daughters become women' national champions, with Shabana beating her sister to claim the national title in 2001.

She put on a squash event last August that was the first of its kind in the country as she created a world invitational squash tournament that attracted the world's top squash talent, six men and six women and was pleased to have the event sponsors name the event after her late father.

The invitational event held at the Hidden Valley Boys & Girls Club in Bellevue was named "PMI Dave Cutler Presents the Yusuf Khan Invitational."

The "PMI Dave Cutler" portion of the title is for the two men, both internationally known in their respective professions, who have become the financial support for YSK Events, the little non-profit through which Khan carries out her squash events.

One is Dave Cutler of Microsoft, universally acclaimed as the key technical brain behind the Microsoft Windows NT and all the subsequent Windows versions. A decade ago he was recognized as a National Medal of Technology and Innovation laureate, perhaps the most prestigious honor in the country for developers of new technology.

The other is Robert Harris, founder, and CEO of PMI-Worldwide, a Seattle-based brand, and product-marketing company with offices in seven cities around the world whose corporate philanthropy has only recently begun to be recognized.

The two have come to team up for a $150,000 donation that for the past several years has allowed Khan to put up the prize money, which this year will total $300,000.

Among her important innovations for the sport has been her National College Showcase for nationally ranked students, 16 men and 16 women, aged 15 to 18, playing before coaches of the top schools where squash is a scholarship sport.  
 
Part of Khan's stated goal is bringing an awareness of squash to young people of all backgrounds rather than merely the children of the squash affluent, whose demographics are men and women, both players and fans, with median incomes of more than $300,000.
It seems that eventually, Khan's efforts on behalf of a sport that has begun growing in this country at a rate third fastest in the world will pay off with attention and support in this region, including sponsorships dollars.


It needs to be noted that when I refer to virtually no local visibility for several of the Harp topics I feature in this decade-ending reprise, I have to single out KCPQ13 television for the manner in which the station picked up on the Harps.

The station's VP and general manager Pam Pearson and her staff seized on the opportunity to provide support for Joe Galloway's veteran interviews and news coverage through his week of conducting interviews. And the station stepped up to be a sponsor of the Innovations in Education event for Joan Wallace and Granger involves. And they did an excellent interview with Art Harrigan that must have made other stations mutter "where the hell were we?"

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A Decade of the most memorable Harps

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Few journalistic tasks could be more subjectively challenging than that undertaken by various media entities as the old year faded into a new decade and they chose the best or most important news stories of that decade past. Thus came revisiting of the education funding battle, the various clashes over Sound Transit, the drama of Amazon's quest for a second headquarters, Boeing's travails and ventures into the absurdity of the Seattle City Council's machinations. But for me the challenge was easier: choose from a decade of Harps the stories most memorable to me, some of which got little in the way of broad visibility. These are not my most personal Harps like my daughter's selection for the Oregon Supreme Court, my involvement with the rise of the young biotech company, Athira, from being its first outside investor to watching its move toward national Alzheimer's treatment visibility, or my almost yearly opportunities to compete in the World Senior Games. But ones with broad impact that deserved more recognition.


The story that may have been the most impactful on the Seattle area in several ways was about Seattle attorney Arthur Harrigan, Jr., who had key legal roles in saving two of Seattle's professional sports franchises.

Harrigan's low-visibility legal maneuvers forced absentee owners Jeff Smulyan of the Seattle Mariners and five years later Ken Behring of the Seattle Seahawks to be pressed into allowing time for local buyers to be found rather than being permitted to move the teams.

The legal confrontations with the owners of the two professional sports teams came about because Art Harrigan's law firm, now Harrigan Leyh, long represented King County on its legal issues. And the owners of both the Mariners and Seahawks came into conflict with the county because they sought to abandon the county-owned Kingdome and their leases there.

Because the Mariners' decision occurred in arbitration session rather than court battles, there was no media visibility for Harrigan's victory that required Smulyan to not only allow an opportunity to find a local buyer but had the arbitrator set a "local value" $35 million below market value for the franchise. No visibility, that is, until Harrigan shared the stories with me nearly four years ago (search Flynn's Harp: Art Harrigan).

And five years after the Mariners were saved, a series of Harrigan legal maneuvers that ended up before the State Supreme Court and eventually NFL owners, left enough uncertainty about Behring's likely ability to move the Seahawks to LA that he sold the team to Paul Allen.

Harrigan's arbitration victory with the Mariners allowed the high-visibility work of then Sen. Slade Gorton and John Ellis in landing Nintendo as the new lead owner to unfold and Paul Allen to emerge as Seahawks owner. But Harrigan deserves a moment of thanks as each Mariner season opens and when Seahawk fans gather for the first game of the year.


The story I personally found most memorable was the quest of Washington State University, President Elson Floyd, to convince a legislature that was initially reluctant to give him a hearing, to create a medical school at WSU.

Getting the 2015 Legislature to approve the creation of a new medical school at WSU, despite bitter opposition from the University of Washington and its powerful lobbying influence, was the crowning achievement of Floyd's eight years as WSU president.

It only later became known, as his battle for his medical school was being won through the tireless effort of hours of testimony before legislative committees and engaging lawmakers in one-on-one meetings, that he was waging another battle.

Floyd apparently learned early in that 2015 session that he had colon cancer, which before long he learned would likely be terminal. But he fought with equal determination for the next four months against his cancer, a battle he would lose, and for his medical school, a battle he won.

He died on June 20, 15 days before Gov. Jay Inslee signed the bill containing the first $2.5 million to launch what would soon be named The Elson S. Floyd College of Medicine, which would be located in Spokane and grow to serve communities in all parts of the state.

As a member of the national advisory board for what is now the Carson College of Business, I had the opportunity to get to know Floyd from soon after his arrival and was stuck, as many others were, with his focus on his conviction about what he viewed as the job-creating mission of higher education.

"We need to communicate with the Legislature and policymakers that we understand that we are about creating jobs, about economic development," Floyd said at his first meeting with the advisory board.

Thus he transformed WSU's role as Washington's land grant university into something far broader. He stood at the national forefront of college leaders in understanding that the role of universities in economic development was destined to become the issue it has become in most states.

And the Elson S. Floyd College of Medicine, in August of 2017, welcomed its first 60 students to its Spokane campus.


What I describe as the most interesting business-sports story of the decade was the decision by two of the icons of the cellular-wireless era to bring their mutual love of baseball to develop alongside their affection for their wireless business.
John Stanton and Mikal Thomsen were in their 20s when they teamed up in the early '80s at McCaw Cellular to become part of the birthing of a fledgling communications technology whose growth globally they helped guide through several major companies over the next 20 years. Stanton was actually second in command at McCaw.


Now in their early 60s, both have parlayed their business success into owning and guiding professional baseball teams, a commitment both might well agree is a passion that rivals their business activities. Stanton is the majority owner of the Mariners and Thomsen majority owner of the Tacoma Rainiers, making them an anomaly in all of professional baseball since the Rainiers are the Triple-A franchise for the Mariners.  

A business focus remains, however, as they continue to manage their Bellevue-based wireless venture and investment firm, Trilogy Partnerships, formed by a collection of long-time wireless partners after the sale of their Western Wireless to Alltel Corp. in 2005.

Stanton's and Thomsen's baseball involvement extends across the state and down to the West Coast League, an amateur collegiate summer league, where they are among owners of both the Walla Sweets and the Yakima Valley Pippins.

That baseball tie began, in fact, with the Walla Walla team in 2010 when Stanton, an alum of Whitman College, where he served as member and chair of Board of Trustees, called Thomsen and advised that he wanted him to join the ownership group Stanton was forming.
 
Thomsen returned the favor in 2011 when he advised Stanton that he was fulfilling his boyhood dream of owning his hometown Tacoma Rainiers team and wanted Stanton and his wife Theresa Gillespie, to join the ownership team.
 
In both Thomsen's and Stanton's cases, their love of baseball stems from childhood memories.
 
Thomsen once told me that the opportunity to create the ownership team that bought the Rainiers was like his "dream come true." He would be owning his hometown team that he had grown up rooting for from the time his dad took him to his first game at age three. That was the year that the then-Tacoma Giants returned after a 55-year absence.
 
Stanton also recalls attending the games of his hometown team with his father. That was in 1969 when, as a teenager, he became a fan of the Seattle Pilots in their first and only year of existence and recalls crying when they left town for Milwaukee.
 
So now Stanton, who took the title of Mariners CEO for a time after the ownership group he led bought out Nintendo, then turned over that role to Kevin Mather, has returned to officing fulltime in Bellevue where he can wander into Thomsen's office any time to discuss either baseball or wireless.
 
(The second article in this two-part series on my most memorable stories of the decade will be sent tomorrow. They will include a Harp that's my personal favorite because it's about my friend and former colleague, Vietnam correspondent Joe Galloway and his interviews with Vietnam veterans. Then there's the most overlooked story of the decade: the amazing commitment by Bellevue businesswoman Joan Wallace to the children of Granger, and finally the story of the locally overlooked but globally successful promoter of the sport of squash, Shabana Khan)
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Ruckelshaus recalled for environmental role and collaborative leadership

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William D. (Bill) Ruckelshaus is being remembered, since his death last week at the age of 87, largely for his unique role in environmental stewardship as head of the Environmental Protection Agency for two presidents. For two other presidents that stewardship included being appointed to help ensure the future of the salmon and the health of the oceans.

Lesser known was his view about the environment in which political and policy decision making occurs. In that environment, he always sought a collaborative approach to resolving disagreements. In fact, he made no secret of his disregard for what he once characterized for me in a 2011 interview as "the era of inflamed partisanship and ideology."

William RuckelshausWilliam RuckelshausAnd lesser-known still, his willingness, as CEO of Houston-based Browning Ferris Industries, a major waste-removal firm, to take on the mafia, as he did in expanding his company into New York City. The collaboration he brought to that situation was with authorities whom he helped to clean up the business environment of an industry.

Ruckelshaus, from a prominent Republican family in Indiana where he became a powerful state elected official, was named by President Richard Nixon in 1970 at the age of 38 to be the EPA's first administrator, then was called back by President Ronald Reagan to be the agency's fifth director.
 
In leading the EPA after its creation, he laid the foundation for the agency by hiring its leaders, defining its mission, deciding on priorities, and selecting an organizational structure. He also oversaw the implementation of the Clean Air Act of 1970.

His name became synonymous with environmental protection, which doesn't mean he always defended the tactics or decisions of those engaged in protecting the environment.
 
In the 2011 interview for a Harp column that I went back to review last weekend after his death, he acknowledged that "it's important to be careful about what power you give government and government has to be careful about how it exercises that power.
 
"It's almost a given that abuses will occur," he added. But then he posed the question: "What's preferable, the possibility of abuses that must be reined in, or no rules? In order to provide a framework in which freedom can function, you have to have rules."
 
As we talked for that column, there was a detectable sense of both disappointment and frustration in Ruckelshaus' voice as he discussed what he termed the "most violent anti-environment rhetoric in recent memory coming from Congress" in attacks on the EPA.
 
As evidence of frustration, Ruckelshaus said, referring to that 2011 political scene, "recent attacks are particularly mindless because they give no credence to the original bipartisan support for the creation of EPA," which came into being by executive order of Republican President Richard Nixon.
 
"It was at a time of public outcry that visible air pollution and flammable rivers were not acceptable," Ruckelshaus recalled. "And as EPA was being established, the Congress passed the Clean Air Act in a burst of non-partisan agreement: 73-0 in the Senate and 374-1 in the House." That obviously came about through political collaboration, discussions toward which Ruckelshaus obviously had a part.
 
It's difficult in this era to even imagine there was a time when such agreement between political parties and both houses of Congress could occur on any issue.
 
The fact that Congress could, with virtual unanimity, approve what obviously was legislation that assumedly made some members politically uncomfortable would be viewed as "historical fiction," or maybe "Fake History" by some political ideologues today. But it was merely a time when Democracy could function.
 
With respect to his taking on the mafia during his tenure at Browning-Ferris from 1987 to 1995, Ruckelshaus helped investigators infiltrate a Mafia-dominated carting conspiracy, leading prosecutors to obtain indictments.

Browning-Ferris not only won that skirmish, but it was also well on its way to winning a war. In just three years, the waste-management giant from Houston accomplished what no other company thought possible: It broke organized crime's chokehold on New York City's $1.5 billion commercial trash industry.
Those who have grown tired of the dysfunctional nature of verbal rifle shots, or maybe more accurately shotgun blasts, that have replaced Congressional debate might wish there was something at the national level like the William D. Ruckelshaus Center in Seattle.
 
I'm sure others share with me the hope that part of his legacy will be the work of the Ruckelshaus Center, a joint effort, created to foster collaborative public policy in the state of Washington and Pacific Northwest. It is hosted and administered at WSU by WSU Extension and hosted at UW by the Daniel J. Evans School of Public Policy and Governance

The mission of the center is to act as a neutral resource for collaborative problem-solving in the Northwest, providing expertise to improve "the quality and availability of voluntary collaborative approaches for policy development and multi-party dispute resolution."
 
For anyone inclined to dismiss the wording of the mission as "policy-wonk," it should be noted that the center has successfully brought together parties to build consensus on a range of issues, perhaps most dramatically the Agriculture and Critical Areas Project.
 
The landmark three-plus-year effort aimed at preserving the viability of agricultural lands dealt with the issue of how to control farmland runoff without destroying the prosperity of farmers, an agreement that has unfortunately received little visibility.
 
"The Ruckelshaus Center has 15 years of experience successfully refining and applying his extraordinary vision for how our state and region can resolve complex public policy challenges through collective wisdom, rather than a competition of narrow perspectives," said Advisory Board Chair Bob Drewel.

Drewel, retired head of the Puget Sound Regional Council and former chancellor of WSU Everett who is now Senior Advisor to WSU President Kirk Schulz, predicted: "The Center will continue to build on that legacy, in new issue areas and challenges, working toward a future where Bill's approach is standard practice."

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Proof of value from Opportunity Zones won't come quickly

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Any legislation created by Congress with the promise of helping the rich get richer by providing for them to help the poor is bound to be challenged from its birth, faced with a mix of believers, skeptics, opportunists, and cynics.  
 
So it is with the Qualified Opportunity Zones (QOZ) provision in the Tax Cuts and Jobs Act of 2017 that will permit those owing capital gains tax to delay, reduce or even totally avoid those taxes by investing in special funds designed to start businesses and provide other steps to help economically distressed communities.
 
Ralph IbarraRalph IbarraAnd now the OZ legislation, signed into law by President Trump three days before Christmas in 2017, a sort of holiday gift to taxpayers and, significantly, a bipartisan one, is drawing a lot of scrutiny from critics who contend it is turning out to be merely a tax break for billionaires and focused far more on real estate projects than on job creation.

Supporters counter that much of the criticism has a political ring to it a year before the presidential election in which Trump could point to it as an example, albeit a rare one, of Congressional bipartisan progress.
 
Meanwhile, officials in most states, including Washington, have been slow to roll out examples and promote projects the act has made possible with its capital gains tax breaks. Nor has there been much creativity on the part of state leaders to convince some of those wealthy investors to look at potentially winning projects, or in maybe putting state funds into projects that, coupled with the tax breaks, could become attractive for major investors.
 
The "politics" accusations are coming because Congressional opponents are starting to discuss what they see as the need for changes, including a possible effort to terminate zones that are not sufficiently low income. That was one of the key criteria for census tracts to gain OZ eligibility in the original list put together by the Treasury Department.
 
A recent high-visibility example of the criticism was a New York Times article that rained vilification down on Michael Milken, alleging that he tried to take advantage of the Opportunity Zones tax incentives to enhance the value of some of his Nevada property.
 
The Times article indicates that Milken, still widely recalled more as the billionaire king of junk bonds who went to jail than remembered for his decades of philanthropy since then, sought to press the Nevada governor and state officials to get the Treasury Secretary to classify the tract as an OZ.
 
There no real evidence that Milken did that, and there was no effort to paint any of his actions as illegal even if he had.  
 
The parcel was eventually included in the eligible census tracts, despite Treasury's concern that the residents were too well off to get the designation. Once included it was selected by the governor as one of the state's Opportunity zones.
 
Ironically, that Reno area OZ parcel in which Milken owns about 700 acres, contains many of the potential job-creating aspects of what proponents of the tax break indicated they hoped would come about, including a planned tech incubator where smaller companies could set up operations and seek investors.  

My longtime Latino friend Ralph Ibarra, a fan of the Opportunity Zones idea from the outset who has delved deep into the details of the tax-break legislation, says he felt it was a "golden opportunity" to provide a chance for investors to get involved to achieve good ends.
 
"if you want to get investors to act in their enlightened self-interest you incentivize them in ways they understand and that's by offering them the opportunity to get a return," said Ibarra, who has shared several ideas on how he might get involved in ways that would generate returns for his clients and causes from OZs.
 
When I mentioned the Times Article on Milken to Ibarra, who as president of DiverseAmerica Network helps corporations with diversity issues and small businesses with access to opportunities, he said he didn't see a problem.
 
"Using your influence in that way is no different than the Port of Tacoma going to the governor and saying 'it would be helpful if you designated the Tacoma Tide Flats as an Opportunity Zone so we can attract capital to some projects.'"
 
"In fact, I did it myself when I looked at every potential opportunity zone from Seattle to DuPont, intending to try to influence the process, then went to the Lieutenant Governor's office and suggested ones I thought should be selected. I said 'respectfully here are tracts that I believe are worthy of being selected because of the lack of equity capital for small and distressed firms in those areas.'"
 
Ibarra's point was he was seeking to use his influence with the lieutenant governor because of projects he had been involved with relating to the state's second-highest elected official.


Sen. Tim Scott, R-South Carolina, who wrote the 2017 Investing in Opportunity Act measure that was filed and then forgotten in committee, gathered support from moderates of both parties in a true example of working together to revive the bill as an addition to the major tax bill. Thus was born the Opportunity Zones.
 
Governors of the 50 states were brought into the implementation of the act by having the chance to designate census tracts where various business ventures would be eligible for the OZ benefits, through investment by Qualified Opportunity Funds.
 
Jessie J Knight JrJessie J Knight JrA key business figure I asked about the emerging criticism of wealth-enhancing projects just getting off the ground was Jessie J Knight Jr., a retired prominent San Diego business leader closely involved with oversight of the OZ legislation and one for whom philanthropy has become a retirement focus through his family foundation, Knight's Angels.
 
Knight, a retired Alaska Airlines board member who was chairman of San Diego Gas & Electric and Southern California Gas Co. both subsidiaries of Sempra Energy, where he was executive vice president, said: "judging this legislation on projects already in place is short-sighted and ignorant about economic development."
 
I reached out to Knight because he is one of the national business leaders selected to serve on a task force chaired by Vice President Michael Pence and Senator Scott that is overseeing the progress of the OP-zones program.
 
"This effort can only be judged in what new investment doors are opened to the private sector in the short run, and in the longer term, what businesses and communities have been improved in years five, seven and 10 (the years in which capital-gains taxes due are evaluated for reductions)," Knight said.

An effort at work in Washington may help provide the model for how Opportunity zones can help bring progress and job creation to economically deprived areas.
A working group, that includes Chuck Depew and the National Development Council for which he is a senior director and West Team Leader, is working with local communities and has come up with some promising projects, in Wenatchee and on the Colville Reservation in Central Washington.

The involvement of the state's Native American Tribes and Opportunity Zones designated near or adjacent to them has yet to fully emerge, but will be essential to future success, Depew says.

But he cautions, with a message that critics of OZ need to digest, that projects that will attract mission-driven investors who want to do good while gaining financial return take longer to put together than the low-hanging fruit that has attracted the wealthy investors looking only to get easy tax breaks.

"The challenge in the program is how can Opportunity-Zone communities, rural, urban and tribal, encourage mission-driven investors, including private, community and family foundations and social impact investors to be involved," Depew told me for an earlier column. "That takes time and resources."
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As he turns 94, Dan Evans' role in history will be discussed at Tower Club interview

Daniel J Evans

We call the Columbia Tower Club's breakfast interviews On the Shoulders of Giants in the hope that those who accept the invitation to be our guests fit the role of giant whose shared wisdom can permit us to stand on their shoulders, as it were, to perhaps learn from them in shaping our own futures.
 
And despite his likely reluctance to accept the "giant" characterization, former Governor and U.S. Senator Dan Evan comes about as close as any public figure in this state to earning the accolade "giant."
 
So we hope to put some of his thoughts and deeds on display and in the discussion next Friday morning, October 25, the date when he has agreed to be our guest interviewee.
 
DanielEvansDaniel J EvansIt was 55 years ago this November that Daniel J. Evans was elected governor, the state's youngest governor, defeating two-term incumbent governor, Albert D. Rosellini, who was seeking a third consecutive term in the 1964 election. Evans bucked a Democrat landslide nationally that year in winning.
 
It was an election season not unlike this one in terms of the fierce political battles that then, as now, even created divisions within parties, with the John Birch Society creating a right-wing focal point for Republicans.  
 
Despite being a Republican and a self-styled conservative, Evans became known for his administration's liberal policies on environmental protection as he founded the country's first state-level Department of Ecology, which became President Nixon's blueprint for the federal EPA.
 
He was a strong supporter of the state's higher education system, including founding Washington's system of community colleges.
 
And he fought unsuccessfully for a state income tax, basically telling voters that if they rejected his tax plan they maybe should reject him as well. But voters made up their own minds and kept Evans while rejecting his income tax.
 
He achieved national prominence in 1968 as he was chosen to give the keynote address at the Republican National Convention that nominated eventual president Richard Nixon. Evans was talked about for a time as Nixon's possible running mate but his refusal to endorse Nixon, instead of throwing his convention support to Nelson Rockefeller, ended vice president talk.
 
In reflecting on Evans in preparation for the interview next Friday, I went over some previous columns I did on him and was reminded that he was an elected official who was impossible to pigeonhole ideologically. As both governor and senator, he avoided ideological rigidity and found good ideas might sometimes spring from the Democrat side of the political aisle. And that dumb ideas could sometimes be offered by his fellow Republicans.  
 
Proving he was impossible to typecast politically, Evans was equally comfortable blasting "talk show hosts screeching about waste in government," proponents of term limits and a balanced-budget amendment, environmental extremists, and excessive regulations that stymie growth.
 
In a memorable speech he made in Seattle to an audience of business leaders in the mid-90s, Evans offered a couple of bits of political wisdom that bear sharing.
 
"By constantly trashing our political leaders, we also breed disrespect for our own system, of government," Evans said. "The result is a new political landscape dotted with constitutional amendments and initiatives designed to protect citizens from 'evil' politicians."
 
Of two ideas whose proponents have continued to seek traction, Evans told a business-leader audience: "The balanced budget amendment is a loony idea that is meaningless until we decide how to keep a national standard set of books so we can measure balance."
 
And of the idea of term limits, Evans offered: "As a voter, I am outraged by those sanctimonious term limiters who would steal from me the freedom of my vote."
 
But in addition to hitting "those talk show hosts who cater to the base emotion of people," he took to task "the politicians who blithely promise what they know they cannot deliver," and "those rigid environmentalists who will see you in court if they don't get all they seek."
 
Thus he has always been a leader in what I, and many, feel is an unfortunately disappearing breed, those who view ideas on their merits rather than insisting that any new idea must be vetted based on where it fits ideologically.
 
Evans celebrated his 94th birthday this week with friends, followers and admirers, and students of history, still awaiting completion of his autobiography.

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State High Court's agreeing to hear Sound Transit tax case will reignite old arguments

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The fact the State Supreme Court will hear arguments next Tuesday on the legality of how Sound Transit is imposing the vehicle taxes necessary to pay for its light rail system is sure to reignite some of the arguments about the most expensive transportation package ever undertaken in the nation.

Specifically, the issue before the nine justices will be Sound Transit's use, commencing mere months after voters in three counties approved the measure known as ST3, of a formula that inflates the value of vehicles on which the annual motor vehicle, or car-tab, tax is levied.  

The case before the high court is an appeal of a ruling by a Pierce County superior court judge who quickly dismissed a class-action lawsuit that contended the law authorizing those taxes was unconstitutional. The rapid ruling by Judge Kathryn Nelson, who basically said she wasn't qualified to decide the issue, meant Sound Transit could continue to collect the car-tab as it has been doing since early 2017.

Indeed, in addition to providing a renewed interest on the part of both supporters and opponents in replaying the arguments over the ballot measure, the high court's handling of the arguments and its eventual decision on the Pierce County case may provide some interest for court watchers. But more on that later.

For opponents of the 2016 ballot measure, the initial flap in early 2017 over the unexpected leap in car-tab (MVET) tax for motorists to renew their vehicle licenses was an I-told-you-so moment. Opponents viewed it as epitomizing the arrogance of the unelected Sound Transit board that opponents had been trying point out.

Car-tab taxes are the agency's second-largest source of revenue to pay for the massive expansion of bus and light-rail service the voters approved.

The first broad perception of Sound Transit arrogance surfaced with the outcry from motor vehicle owners, pro light rail or not, irate about the increase in the cost of renewing vehicle licenses after the excise tax had climbed dramatically, due in part to the vehicle valuation chart used by Sound Transit.

The agency uses an outdated formula, inherited from the Legislature, to estimate a car's value for the purposes of collecting taxes. The unexpectedly higher car-tab fees result from the formula that inflates newer cars' values, relative to Kelley Blue Book values.

The Legislature has repeatedly failed to pass bills that would correct the formula because while support for such legislation has been bipartisan, it has not been sufficient to approach a majority.

In fact, the outcry over the inflated MVET fee has also echoed into the legislative halls with a proposal that Sound Transit's governing body should be elected, instead of being officials elected to various local offices and then appointed to the board.

The goal of legislation that passed the State Senate, then controlled by Republicans, but got nowhere in the Democrat-controlled House, would have been to replace the 18 Sound Transit board members with 11 directors directly elected by voters in districts that would have been created by the legislature.

Sound Transit's media relations person explained that part of the reason for the large jump in MVET fees was that, in approving the $54 billion ST-3, voters said ok to a major increase in vehicle excise tax.  

The outcry would suggest that many voters weren't really aware of that.

The Sound Transit public relations representative had been quoted earlier, as the MVET flap emerged, to the extent that Sound Transit could have used a vehicle depreciation schedule that would have meant a less expensive renewal fee but chose not to "for simplicity sake," to bring transportation relief quicker.

Now back to the point of legal minds and those interested in how courts make decisions will likely be watching as the process unfolds in this case over the coming months leading to release of the court's decision.

What could be a backdrop issue here is the difference between the merits of the argument by the plaintiffs seeking to reverse the Pierce County judge's ruling and the perceived "public good" of a $54 billion regional transportation plan that impacts the revenue of hundreds of companies and thousands of jobs.

Whether something is good or bad policy has frequently been a consideration at the U.S. Supreme Court level but state supreme courts usually seek to avoid going into the "public good" issue and instead stick to interpreting the law in the case before them.

But judges on this state's high court, being human and subject to political and social tugs, could find themselves tempted not to overthrow the funding device without which Sound Transit's transportation master plan would be thrown asunder.

So while I don't advise attorneys how to practice law, I have to think it would be a missed opportunity to fail to suggest, for the judges' inclusion in their thought process, that if voters three years ago felt the plan was good public policy, the outcry over the tax to pay for it could suggest a different public attitude. And add to that the fact that it's now pretty likely that alternative vehicles added to the transportation equation could render a rail-based system obsolete years before it's due for completion.

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Katrina Eileen touts shared housing as a wish-fulfilling step for at-risk youth homelessness

Like pearls on a string, those focused on doing good tend to connect and attach themselves and spawn new ideas for expanding the sphere of socially committed citizens. And Katrina Eileen Romatowski is convinced that the pearls are those from her real estate industry as well as their investors whose commitments to at-risk young people could address homelessness in unique ways.

Katrina Eileen RomatowskiKatrina Eileen RomatowskiRomatowski is a Seattle real estate agent who is creating Level Up as a non-profit that will provide what she describes as a "real home" for at-risk and foster youths who have aged out of the system. She thinks that the concept of shared housing can be a key to solutions for homelessness and that the real estate community and real estate investors are specially equipped to guide that part of the solution.

"Nonprofits providing group homes or halfway houses don't understand the business and real estate side, so they lack the tools to focus on housing," she said. "It's inexcusable that we in the industry have been silent too long on the role we can play in creating a model of structures and scale up to address homelessness."

She touts her firm, Katrina Eileen Real Estate, as the first "B Corp" in her industry in the state, meaning a for-profit business that includes positive impact on society, workers and the environment in addition to profit as legally defined goals. Forming as a B Corp (sometimes referred to as benefit corporations) allows her to focus the company on community good, not just profits.

Level Up aims to create "vibrant homes for foster kids who are in their senior year of high school and have thus aged out of the system but who can live well and finish well," says Romatowski as she guides final steps to welcome the first 10 students who will move into the first Level Up home in Edmonds by mid-August. She intends that others will follow the first house in King and Pierce County.

Romatowski's desire to provide a wish-fulfillment of home and family for young people just reaching adulthood without families, whether foster kids, orphans or homeless, guided her to the vision for Level Up and led to befriending "Wish Man" Frank Shankwitz, the creator and one of the founders of Make a Wish Foundation, a supporter.

Shankwitz, who created Make a Wish 29 years ago and whose life is featured in the movie, "Wish Man," that was released last month, is to be on hand to cut the ribbon for the Edmonds first Level Up home July 27.

And Shankwitz, who will be the featured guest at the Columbia Tower Club's "On The Shoulders of Giants" breakfast interview series that morning to share his story, is hoping to follow the shared-housing model in getting involved with services for veterans.

Shankwitz noted in a conversation we had discussing the breakfast interview forthcoming that he got a star on the Las Vegas Walk of Fame this summer between Elvis Presley and Bobby Darin. He said he's been on a plane to somewhere probably every other week promoting his book, the movie or giving speeches. Forbes Magazine has honored him as one of the 10 top keynoters. When he's not traveling, he's at home in Prescott, AZ.

It's a well-known story but one not familiar to everyone how Shankwitz, as one of the primary officers from the Arizona Highway Patrol responsible for granting the wish of a seven-year-old boy named Chris, dying of leukemia, who wanted most of all to be a police officer. In the spring of 1980, the boy was named the first and only honorary Arizona Highway Patrol officer, an honor that came complete with a custom made uniform and badge.

A few days later, Chris died. But he received a full police escort to the cemetery in Illinois where he was buried. His brief life became the inspiration for the creation of the foundation that would let children "Make a Wish."

Frank ShankwitzFrank ShankwitzRomatowski is quick to point out that the inspiration for Level Up, which involves several investors from the real estate industry, came from what she characterizes as "the miracle" of Kate's House Foundation, created by Frank and Sherri Candelario to provide safe and affordable housing for those homeless and in recovery.

The Candelarios, also real estate investors, boast having founded "a new model of shared housing to help end homelessness in the U.S.," noting their approach is identifying, buying and rehabbing homes in "superior neighborhoods to provide a lifeline for people in recovery."

"We're helping real estate investors around the country acquire homes to end homelessness and addiction in their own cities," says Frank Candelario. "We have great homes in great neighborhoods, utilizing tech-enabled all digital sober living. We use the latest in technology: computerized drug testing, smart technology for monitoring, data collection to assure that we are assisting in recovery and a highly skilled hands-on staff."

Romatowsi says the Candelarios urged her and her husband, Richard, the company COO, to use their shared-housing approach to aid talented kids moving from foster homes and orphan situations to adulthood.

Meaning rather than dealing with recovery issues, Romatowski, and her husband plan to build places where "go-getters go get," kids who, when it comes to graduation and launching into what's next, "we want them to finish and finish well," she says.

"Level Up Seattle provides these young adults with a warm community in a beautiful home where they attend school, take turns making meals and attend life-skills classes," she adds. "We also provide career development and mentorships with business and trade professionals, but importantly, we empower them so they can lift themselves up to their next level."

As Angie Christensen, Level Up executive director, put it: "We want to select motivated young adults within these vulnerable populations and equip them to achieve their personal, educational and professional goals, creating their own safety net for perhaps the first time in their lives."  

Christensen estimates that Level Up, which is seeking donations now, will need about $225,000 "to launch the model and build the scalable infrastructure." 

With the creator of the Make a Wish Foundation along with the shared-housing solution to homelessness that's been launched by the Candelarios, and now Katrina Eileen's firm and non-profit, the way may indeed be being paved to providing national tools to fight homelessness, from at-risk youth to veterans.

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Perot impacted two prominent lives in the sports world of WA

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H. Ross Perot had a dramatic and lasting impact on the lives of two Washington residents, one a high school coach who became nationally known for his work with disabled athletes and later physically and emotionally disabled veterans and the other a young man born without hands or feet who became the world's most famous Paralympics runner.

Perot, the billionaire philanthropist turned politician who carried a third-party candidacy into the presidential battles of 1992 and 1996, died of Leukemia Tuesday in Dallas at the age of 89.

Bryan HoddleBryan Hoddle"I've cried three times in my life, and one was when I learned Tuesday of Ross Perot's death," said Bryan Hoddle, who was a high school track and field coach at North Thurston High School when Perot-supported paralympic sprinter Tony Volpentest reached out to him. "That's how much Ross meant to me and how his death touched me."

The story of the relationship between Hoddle and Volpentest after they were brought together by Perot is a remarkable story of caring, not only on the part of the coach but perhaps more surprisingly, on the part of the hard-nosed business leader who twice sought to be president of the United States.

The relationship between the coach and the athlete began as a series of links that came about by accident, or maybe fate, when in 1994 Hoddle's wife, Sherri, saw a television program on Tony Volpentest, a young disabled sprinter who had won three gold medals in the 1992 Paralympics in Barcelona.

Volpentest, born without hands or feet, took some time off after the '92 Paralympics and before he could compete again he faced the problem that officials had decided his prosthetic leg was too long and provided an unfair advantage and would have to be shortened.

Hoddle recalled that after his wife saw the television program, he had reached out to Volpentest, who lived north of Seattle, "so we met and formed a friendship."

"When Tony decided to train for the 1996 Paralympics, he called me and we talked about how it could work for me to coach him and help get a new, shorter prosthetic leg," said Hoddle, noting that "Ross Perot had taken Tony as a cause and agreed to provide for all his expenses.

"When Tony talked to Perot about me coaching him, Perot agreed to pay me to be Tony's coach, and we started training in the fall of 1995. Perot was wonderful to my family and me."

At the '96 Paralympics in Athens, under Hoddle's coaching, Volpentest bested his 1992 record 100 meters time by half a second and shaved two seconds off his 200 meter record time, winning the Gold medal in both.  

When I interviewed with Hoddle soon after we first became friends a couple of years ago, he showed me several videos of his training work with Volpentest back prior to those '96 games and one showed the two men, each lying on a hotel bed talking face to face.

"What were you two talking about?" I asked.

"I was telling Tony that I knew he was going to win the gold medals in his events and that a lot of handicapped kids were going to want his autograph," said Hoddle. "So I told him 'you will stay until every kid who wants you autograph has the chance to get one.'"

ABC did a special feature on Volpentest as he stayed after his victories and, as Hoddle had instructed him, signed every autograph of those who wanted one, many of them disabled youngsters. The signings went on for more than 90 minutes.

The Volpentest experience led Hoddle to work with athletes with disabilities, including Marion Shirley, an amputee Hoddle convinced to try sprinting who then went on to win the 100 meters in the 2000 Paralympics as well as the 2004 games in Athens for which Hoddle had been chosen to be the head coach of the U.S. team.  

Just after returning from Athens, Hoddle got a call from an organization called Disabled Sports USA, asking him to come back to Walter Reed Army Medical Center to do a running clinic for injured soldiers. That set him on his current course. He made three more trips to Walter Reed then began doing running clinics at Lakeshore Foundation in Birmingham, AL, which became a continuing commitment as Hoddle has made nearly 20 trips there.

Those who know the Hoddle-Volpentest story may be forgiven for considering it to be one of the most significant coach-athlete stories in sports, a relationship that has continued to today with Hoddle now living in the Phoenix suburb of Chandler and Volpentest five miles away in Gilbert, AZ, where he works for Charles Schwab.

"Tony and I talked on the phone last night about Perot, and I reminded him 'if it wasn't for you wanting to have me coach you and Perot hiring me for you we wouldn't have had the money to adopt our second child.'"

As it turned out, said Hoddle, the money Perot paid for the Volpentest coaching covered about but $100 of the cost for Steven. 

Hoddle recalls visiting Perot in the presidential box at the '96 Paralympics in Atlanta and "he took Steven and carried him around the box and the stadium."

Hoddle is convinced that it was because of the attention Volpentest brought to the Paralympics that it has become the second-largest sporting event in the world, And that was with credit to Perot for making it possible without a lot of personal attention.

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Reporter pursues answers over illegal immigrant crimes

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The most interesting news story in the state right now relates to the politically charged issue of Sanctuary protection for illegal immigrants against the backdrop of a heinous crime committed in Seattle by one illegal and the fact elected officials, particularly the sanctuary supporters, are avoiding media efforts to get answers about the incident.

Brandi KruseBrandi KruseActually, the effort to get answers to the rape of a wheelchair-bound woman in front of her three-year-old by an illegal from Mexico is an effort by one journalist, though she is quick to point out "it's not one reporter but a team working on this together at our station."

KCPQ-TV commentator Brandi Kruse is the leader of a one-media campaign to get a response to questions from officials ranging from Gov. Jay Insley to King County Executive Dow Constantine.

Looking sternly at, or maybe through the camera at the silent elected officials, Kruse suggested to viewers in one broadcast: "those with such fierce support for sanctuary laws would certainly be willing to defend those laws. Not so much. Not so much."

But while Kruse is troubled by the lack of answers, actually the lack of responses other than minimal from representatives of the elected officials, what's equally troubling to me as a journalist is that local media, ranging from the Seattle Times to the region's broadcast outlets, are shying away from coverage of the issue. It's not clear whether they are seeking to avoid red-flagging at least one aspect of the sanctuary issue or whether they don't want to be latecomers to a cause to which a competitor has given significant voice.

Kruse is no young reporter trying to make a name for herself with an issue that could embarrass elected officials.

Rather she brings a list of awards to her regular role as host of "The Divide," a Q-13 Sunday morning commentary that looks for common ground on issues dividing Americans, not a bad goal in an era when divisions have become gaping wounds on the body politic.

Kruse is a nine-time Edward R Murrow Award recipient for excellence in journalism and a four-time Emmy nominee for her work covering veterans, the opioid epidemic, and the effort to reform Seattle's police department.

What she has been pressing elected officials for are answers on how do the sanctuary policies they have proudly put in place allow illegals like 35-year Francisco Carranza-Ramirez to be protected by the system. Ramirez, an illegal immigrant from Mexico, was convicted of raping a White Center handicapped woman, got off with an incredible nine-month sentence that included time already served then tracked his victim down, pushing her out of her wheelchair and strangling and beating her in front of her young son.

Inslee made sure, as he hits the road on the extended role in the Democratic presidential sweepstakes, that he will get plaudits for ensuring, by a decree issued in May, that his state is one of a handful of sanctuary states.

How appropriate if he got a question from a reporter on the campaign trail along the lines of whether he had included any safeguards for his state's citizens against any criminal element among those illegal immigrants, then site the Ramirez case.  

Turns out the King County Superior Court judge who imposed the sentence said she was prohibited by law from asking Ramirez about his immigration status, a comment that may or may not be accurate.

Now Ramirez is home in Mexico and Kruse has been advised by a spokesperson for the court that there are warrants out for him through which he could be extradited back to this state to face more severe charges on the second rape (I could say alleged because he hasn't been tried but let's give the handicapped woman the courtesy of belief).

So the email Kruse got back from the court spokesperson should follow Inslee on the campaign trail, since he refuses to personally address the question at home. Although after some prodding, his staff recently said they would look into the situation.

The county has felony warrants out for the rapist, but it is unknown if he will be extradited. Kruse wanted to speak with the judge, Nicole Gaines Phelps, to ask about the likelihood of extradition. This is the response she received from the court's communications director, as she outlined on her Q13 show, The Divide.

"He does have warrants out, but we probably won't be exercising the extradition process," said the spokesperson, then closed the email with a winky face emoji.

"That's how our judge's spokesperson responded - a winky face emoji?" Kruse questioned. "A winky face emoji was used to help explain why they won't extradite a convicted rapist who was in the country illegally and allegedly attacked someone?

As Kruse questioned in her commentary: "Could the law be written in such a way that it doesn't provide sanctuary for criminals?"

"Like how dare you fail to give answers," she pressed elected officials. "Get thicker skin. Get the courage to defend what you believe in."
The entries she has gotten on her Facebook page by the dozens indicate broad agreement with her effort to get answers. Too bad other local media don't care to enter the hunt for answers.

Of course, there have been expressions of anger from sanctuary supporters who think it unfair to questions sanctuary policy that makes it difficult to determine where criminals may be hiding among the illegal immigrants.

Perhaps it's appropriate to focus on this issue as we celebrate the nation's birthday, honoring the date in 1776 when the Declaration of Independence was signed since it seems like the appropriate time to celebrate the American dream framed by that declaration, as well as give thought to who gets to dream it.

As I wrote last July 4th in a column that upset some of my conservative friends, as this one will irritate some of my liberal friends, two things made me think of that. The first was a feature from Geekwire, the Seattle-based technology news site, focusing on the American Dream that guided immigrant entrepreneurs and tech leaders to this country and success. The second was a poem written by an immigrant fifth grader in San Diego about a conversation between "The Wall and Lady Liberty."

The Geekwire interviews had the tech execs explaining why they chose the U.S. as a place to build their lives, families, and dreams and thus were able to fulfill their American dream and became highly successful.  

The second was having a chance to read the poem by Guadalupe Chavez after a prominent immigration-attorney friend of mine in San Diego, Kimberley Robidoux, who is a judge in an essay event for immigrant fifth graders from around the nation, told me about the contest and the San Diego youngster who took second in the nation.

Robidoux, a member of the American Immigration Lawyers Association's San Diego Chapter and a judge in the Celebrate America Creative Writing Contest, explained to me that the contest challenges fifth graders across the country to reflect on and write about the theme "Why I Am Glad America Is a Nation of Immigrants."

It was my quoting Guadalupe's essay conversation in which Lady Liberty is questioning the wall about why it needed to be there that upset some of my conservative friends. My reaction was "let a fifth grader have the freedom to ponder being glad America is a nation of immigrants."

Certainly, there are children among the illegal immigrants, as with legal immigrant kids like Guadalupe, who have a right to dream the American Dream that it might sometime come to pass for them. 

But my reaction to my liberal friends who may find offense at this column, which is sure to happen to those in Seattle, is: "If you create and believe in the concept of sanctuary, have the courage to defend your actions when the flaws emerge. Have the courage to insist on fixing the flaws in the face of hostility from your friends who find themselves locked into politics over substance.

Except people like Governor Inslee and King County Executive Dow Constantine disappoint by being leaders of the politics-over-substance crowd.

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Mike Kunath, 'a true Renaissance Man,' remembered, as is his table

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S. Michael (Mike) Kunath, who died in his sleep early Saturday after a nearly two-year battle with cancer will be remembered for his successful financial guidance of some of the region's most prominent business people, his active support of charitable causes and his nurture of entrepreneurs.  
 
But for many who knew him, their memories will start with his table at the Fairmont Hotel where plans for most of his business, charitable and community involvements took shape and were vetted by those gathered there.

Kunath was a fan of this column and once hired me to help him create his own blog. And he often said to me: "You should write a column about this table." So here it is, Mike: a column about the table, and the unforgettable guy who held court there for nearly a quarter century through ownership of two hotels.
 
It was always an interesting group gathered over wine at his oval table just outside the bar at the Fairmont, whether they were there for important business discussions or merely someone wandering through the hotel lobby and invited to sit down. All looked on as any newcomer was advised by Kunath, leaning to his side in his chair, in earlier years, puffing on his corncob pipe: "tell us who you are and why you are here."
 
But first briefly about his background before reflection and recollections on the man his 46-year friend and co-investor in various businesses and charitable events, Brendan O'Farrell, referred to as "a true Renaissance Man for All Seasons."
 
Kunath was the son of a diplomat and spent his growing up years being educated in various places in the world before attending the University of San Francisco as well as Seattle University from which he graduated, then got his MBA. After time as a financial advisor, he became a founding partner and principal at Kunath, Karren, Rinne and Atkin, LLC in Seattle.
 
One of the most interesting ideas to spring from the Kunath-table discussions was one of the last. It was the suit he filed in July of 2017, a few months before his cancer emerged, challenging the Seattle City Council's plan to impose an income tax on Seattle residents.
 
Kunath, known as a political moderate, was incensed at a City Council that openly, and proudly, touted the measure before cheering supporters as an effort to "tax the rich." For days, his anger at a council that had departed so far from the moderate council members and mayors of old was on display to all who visited the table. Then came the lawsuit idea.
 
Filing suit against the tax was discussed and framed in table discussions for a couple of weeks, with it being important to Kunath that his suit is the first filed (eventually two other suits were filed against the City) because he was typically certain his arguments would be more persuasive before the court.  
 
Juarez Kunath BledsoeJuarez, Kunath, BledsoeKunath's suit was filed by his attorney, Matt Davis, minutes after then-Mayor Ed Murray signed the tax into law following City Council passage. By lottery, it was the suit first destined to be heard before King County Superior Court Judge John R. Ruhl in November, but the City Council decided to withdraw the income tax plan before Judge Ruhl could hear the case and rule on it.
 
While the suit over the city income tax was the most visible, it wasn't the most impactful of Kunath's involvements. The ones that likely fit that description of "impactful" came in the '80s.


First was the effort to turn the small leukemia support event called Celebrity Waiter into something significant.
 
His longtime friend, Mike Bledsoe, recalled in a conversation after Kunath's death, how he, Kunath and their mutual friend Gene Juarez, who was also a client of Kunath's, stepped in to turn the $12,000 fundraising lunch into what became the most successful Celebrity Waiters event in the country at about $500,000.
 
"We felt we could improve on the total amount raised and have a darn good time doing it," Bledsoe said. "The more zany things we could think up, the faster the event grew."
 
"I remember Kunath convincing me to travel with him to Vancouver B.C. a few years ago to convince a group of locals there that they should create, with our help, a sister group to the Seattle Celebrity Waiters group so we could have someone to compete with," Bledsoe added.
 
It was the same threesome of Kunath, Bledsoe, and Juarez who helped fulfill the dream of the founding of Heritage College on the Yakima Indian Reservation in Toppenish by Dr. Kathleen Ross, a Catholic nun of the Holy Names order.
 
Ross planned to launch a fully accredited four year College, Heritage College, in an abandoned old Schoolhouse with the dream of bringing quality education to the Native-American students in the region.
 
"It looked like a long shot to us and so it was too big of an idea to ignore." And thus with business advice and arm-twisting of contacts for a financial contribution, coupled with Ross' vision, what has emerged in Toppenish is Heritage University. It was the Hispanic youths who have come in large numbers to Heritage, which now has branch campuses at two-year colleges in the Tri=Cities and Yakima.  
 
Back to Kunath's table, which always sported a "reserved" sign throughout the day and which was, since Kunath always picked up the tab for wine there, a significant source of revenue for the hotel.  
 
Kunath and I were the same age, our birthdays a day apart so we inevitably found time for a toast to the fact we were still here and life had been good to us the previous year. But there was no toast to our 79th this past April. 
 
Kunath OFarrell HatchKunath, OFarrell, HatchAmong the most regular of attendees at the table, always serving as both table humorist and key Kunath advisor, was Ken Hatch, the retired 30-year chairman and CEO of KIRO Inc, who died in November of 2017.
 
An example that far more than wine was shared there was the comment from his longtime friend John Oppenheimer, founder and CEO of Columbia Hospitality, the Seattle-based hospitality management and consulting company.
 
"Kunath's table at The Fairmont was such a great place for all kinds of introductions," Oppenheimer recalled. "We met our Senior VP of Marketing, who has been with us for the last 10 years, thanks to Mike's table."
 
There was a time when conversations at tables cross the city shaped the future of the region, like the one on which a napkin drawing of a space needle provided a step toward what became Century 21, the Seattle World's Fair. And many of those conversations were at the same hotel, but more likely back in the day when it was the Olympic Hotel.
 
There likely will be a final gathering at, or more likely in the room surrounding the table. And Bledsoe predicts attendees will take turns sitting in the chair at the head of the table, sipping a glass of wine and leaning forward while looking at the crowd with a Kunath grin.

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Joe Galloway interviews and recollections of one of 'Chosin Few' are Memorial Day focus

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Memorial Day inevitably provides a reminder for me of the journey that my friend Joe Galloway has been on conducting interviews over the past six years across the country with veterans of the Vietnam War to preserve their memories as part of the 50th Anniversary Vietnam War Commemoration.

His interviews have been the soul of the 50th Commemorative that was launched seven years ago this Memorial Day to honor those who fought in Vietnam but were never thanked when they returned to a divided nation.  

Joe GallowayJoe GallowayGalloway, one of the best-known correspondents of that war as a reporter for United Press International, was selected by the Defense Department unit charged with administering the program to do the interviews to preserve for future generations.

This column was to be an update of Galloway's interview travels as he gets back on the road, after two spinal surgeries In February, off June 9 for Florida with July in upstate New York, then in August to Louisville to do a week of interviews at 1st Marine Division Association. Reunion.

Then I learned of a coming reunion for a different war, the Korean conflict, whose returning veterans were celebrated for their contributions to the nation rather than reviled. The reunion is June 13 in Reno for the approximately two dozen "Chosin Few" remaining survivors from the battle at Chosin Reservoir in North Korea in November of 1950.

So I decided to make this column a two-part Memorial Day week offering, part on the correspondent collecting the stories of Vietnam veterans and part on one soldier's story as one of the Chosin Few, survivors of a battle that was the subject of a 2010 movie that was featured on PBS a couple of weeks ago.

Michael Kavanaugh's walker sports the decal declaring "Chosin Few" and he talked about it a bit at a Memorial Day event at The Bellettini retirement community in Bellevue where he lives.

Kavanaugh, who grew up in Omaha, fell in love with the idea of being a U.S. Marine as an early teenager and became a Marine reservist at 16 and after boot camp was assigned to train recruits in rifle proficiency.

But as the Korean War broke out in June of 1950, and United Nations forces marched deep into North Korea, Kavanaugh, then 19, soon found himself and his 1st Marine Division as part of X Corps advancing in a way that had the high command and Gen., Douglas McArthur hoping to end the war by year's end.

Kavanaugh was hit in the leg at the front by a piece of shrapnel, a development that likely saved his life. When he got out of the Army MASH unit hospital and visited the army commissary he was asked "Do you want a cold weather cap? How about a jacket? How about cold weather trousers?" His answer to all was "yes."

He likes to relate with a chuckle that before he hitched a ride back to the front, he was told he would guard the regional commander that night. The commander turned out to be Chesty Puller, who was to become the most decorated U. S. Marine in history. "He came out every two hours to make sure we weren't asleep."

It was Puller, then a colonel but eventually a lieutenant general, who offered what became a timeless quote at the Chosin Reservoir battle. "We've been looking for the enemy for some time now. We've finally found him. We're surrounded. That simplifies things."

In a couple of days, after bumming a ride back to the front near the port city of Wonson that allies had occupied in the early months of the war, Kavanaugh would find himself among the 30,000 United Nations Command troops encircled and attacked by 120,000 Chinese troops at the battle of Chosin Reservoir.  

It was a brutal 17-day battle in temperatures that plummeted to 35 to 40 degrees below zero. Many of the 17,000 casualties in U.N. forces were wounded or killed or froze to death as they were without proper clothing. That's how Kavanaugh's visit to the commissary for warm clothing paid off.

Had that number of U.S. casualties occurred in a Vietnam battle, it would have caused riots in the streets across America. But it was a different era with a war viewed differently by the American public.

MichaelKavanaughMichael KavanaughKavanaugh left the Marines two years later and began a 33-year-career with the British American Tobacco Co., mostly as a resident of California.

He and his wife, Lorayn, have returned to various gatherings of "the few" over the years, including in 1987 when they were among about 130 who were invited by the South Korean government to return to ve recognized Korea to be recognized, although of course there was no visit back to the site of the battle. He and the others, at an event attended by the Marine Corps Commandant as well as South Korean government officials, all received the Korean Marine Corps Service Medal hung from a ribbon carrying a small version of the flag of each country in the U.N. force.

Now back to Galloway, a UPI reporter decorated for battlefield heroism at the battle of Ia Drang in November of 1965, spent a week doing interviews in Seattle in the spring of 2015, after I urged him to come to Seattle and found KCPQ TV willing to make its studios available for his interviews. He returned to Seattle for another round of interviews two years later.

I've written several columns on Galloway and his role in the 50th Anniversary Commemoration, partly because we were UPI colleagues (he in war zones and I as a political writer and later a Pacific Coast executive for the company). But in a broader sense because of a fascination with his perspectives on the war in articles and speeches, and the import of the battle in the Ia Drang Valley that Galloway and the late Gen. Hal Moore, then a lieutenant colonel in command of the U.S. Army forces in that battle, made famous in their book and a subsequent movie.

The battle became the subject of Galloway's and Moore's book, "We Were Soldiers Once...and Young," and the resulting movie, "We Were Soldiers," as well as a second book, "We are Still Soldiers... A Journey Back to the Battlefields of Vietnam" when the two returned to the battlefield years late.

In an email exchange this week, Galloway told me: "Earlier this year I interviewed a veteran who had suffered a debilitating crippling stroke two weeks before...but he so wanted to tell his story that he came in a wheelchair. He died two weeks after the interview."

In an earlier column, I quoted Galloway about his time on the battlefield, particularly at Ia Drang: "The men I met and the time we spent together fighting for one another was a life-changing experience that transcends the bonds of friendship and brotherhood."

During one of our interviews, Galloway said of the Vietnam veterans: "They are not bitter but I am bitter in their behalf. It makes me angry that those who came to hate the war came to hate the warriors who were their sons and daughters."

 
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Trade pacts should be about economics, not politics - Frmr Congressman Bonker

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Donald Bonker, one of this state's most respected experts on international trade across the past half dozen presidential administrations, suggests that when trade agreements become more about politics than economics, the stability of economies comes to be at risk.

In focusing on the current trade crisis with China, Bonker, a former seven-term Democratic congressman from Washington's Third District, suggests that "China has a historical and long-term perspective that is lacking in America. 

Donald BonkerDonald Bonker"They have a five-year economic plan that enjoys strong support while America has presidential elections every four years, with incoming presidents often reversing the course of their predecessors," he said.

Bonker's trade credentials, both those he earned during his 14 years in Congress from 1974 to 1988 and from his involvements thereafter, have gained him broad respect in this country and abroad for his trade and foreign investment knowledge.

He was a senior member of the House Foreign Affairs Committee and chairman of the Subcommittee on International Economic Policy and Trade. Bonker served on the president's Export Council and headed former House Speaker Tip O'Neill's Trade Task Force, which led to the passage of the 1988 Omnibus Trade Act.  

I knew Bonker well when we were both in our early 30s, he as innovative auditor of Clark County, laying the groundwork for an intended but unsuccessful run for secretary of state, and I as a UPI political writer in Olympia. And later, after his first unsuccessful run for the U.S. Senate, I had him write a regular trade-issues column for Puget Sound Business Journal.

In fact, I have had fun telling friends occasionally that after he left Congress, at one of our meetings, he gave me a photo of us that had been taken at a 1968 political fundraiser for Sen.Martin Durkan and that had hung on his wall during his years in Congress. After sharing the story, I then add that the reason it had hung on his wall was because of the other person in the photo, then-Sen. Birch Bayh of Indiana, one of his heroes.

Bonker, 82, travels back and forth regularly from his Bainbridge Island home to Washington, D.C., where he is an executive director and on the international advisory council of APCO Worldwide, global public affairs & strategic communications consultancy.

We hadn't visited for years when I suggested recently that we have lunch so I could learn about his newly published autobiography called Dancing to the Capitol, which begins with what the foreword describes as "a wry take on his brief stint as a dance instructor, which gives the book its title and its spirit."

The foreword, by former Los Angeles Times editor Shelby Coffey who is now vice chairman of the Nuseum, describes Bonker as "a man of faith--often struggling with being both a Democrat and a Christian," and noting that Bonker helped bring the National prayer breakfast to international prominence.

"He has been a key, if quiet, force for others of faith who contend in public life," Coffey wrote.

In fact, our luncheon discussion quickly turned from his autobiography to the issue of trade and politics. Bonker would like to see Democrats turn trade discussions away from the punitive to the progressive, meaning they should focus on building the opportunity for exports that could create jobs rather than be focused on trade barriers in the hope that approach can retain jobs.

During his tenure in Congress, Bonker authored and was a principal sponsor of significant trade legislation, the Export Trading Company Act and the Export Administration Act.

"The trade issues are very difficult for Democrats," Bonker said. "In their hearts they are global but labor has become so against trade that Democrats are left in a difficult political position."

"We should match what our competitors -- Japan, China, Germany - have been doing for years. They have ambitious government programs that give their exporters an advantage in this increasingly competitive global economy," Bonker suggested. "The U S., by comparison, is so preoccupied with limiting imports that there is little or no attention given to boosting exports. That is the real problem."
My alternative would be to export more, not import less," Bonker said.

"One example is the Export-Import Bank, which provides essential financial guarantees that allow U.S. corporations to compete with their competitors (Boeing versus Airbus)," he added.  

"This respected financial entity remains idle now, even though it does not require Federal funding," Bonker said. "Meanwhile, across America, there are about 50,000 domestic companies that are competitive but have difficulty pursuing foreign markets because the help that should be there isn't."

Bonker offered a bit of history on the political back and forth that has characterized this country's trade positions, starting with the passage in 1928 of the Smoot-Hawley Tariff Act that hiked tariffs, often up 100 percent, on 20,000 foreign imports.

"That prompted our allies and dozens of other countries to retaliate, causing the collapse of the world trading system that led to the Great Depression," Bonker said.

"Hoover was booted out, replaced by FDR, who championed pro-trade policies to repair the damage to international trade," he added. "Again, the political dynamic changed around the 1960s-70s, where Democrats, driven by labor unions, started to embrace protectionist policies, and Ronald Reagan arrived to champion free trade.  

"Trump's campaign rhetoric and subsequent actions are more in sync with Democrats and Bernie Sanders," Bonker added, with a jab at both. "Republicans are puzzled and frustrated.  It is contrary to their fundamental beliefs, alignment with their business support base."

As to the China trade concern, Bonker said: "whether China will retaliate to the latest round of tariff threats remains to be seen, but in long term, you don't mess with China, even if your name is Donald Trump."

Bonker, who specializes in Chinese investment in the United States, offers a criticism of both houses of Congress for their reactions to the Administration's tariff initiatives, saying"Senate Republicans remain muted and House Democrats discretely like what the President is doing, adding, "if we continue down this path of protectionism, it will be a repeat of Smoot Hawley."

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The reason that WA is unlikely to have a state capital gains tax - this session

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Disagreement between Washington's Democratic House of Representatives and the Democratic Senate over a proposed capital gains tax will likely keep the tax from being included in the state's operating budget for next biennium.

And that could be well for both those for whom the lawmakers should be seeking to provide opportunity and for the wealthy that many legislators would merely like to squeeze.

With Sunday's sine die adjournment of the 2019 Legislature's regular session looming, there appears virtually no likelihood that the two houses can resolve their differences over the most controversial piece of the tax increases they seek to impose.

There is obvious business pushback over any new taxes the lawmakers might pass in an economic environment in which state forecasts of surging new revenue already provide the lawmakers with $5.6 billion more to spend in the coming biennium without new taxes.

And the protests over a possible capital gains tax provision is the most logical for business to oppose, particularly now because of the impact an ill-thought-out version of such a tax could have on the opportunity for future job creation.

The "opportunity" I'm referring to is the Qualified Opportunity Zones created by the Tax Cuts and Jobs Act of 2017 with those zones basically being census tracts designated by the governors of each state where development could occur and where those putting up the funds to seize those opportunities would get capital gains reduction or deferral.

Gov. Jay Inslee, with the help of Lt. Gov. Cyrus Habib, was an early and enthusiastic advocate for picking census tracts that could best serve the goal of supporting the economic opportunities and creating jobs in less well to do parts of the state. Each opportunity zone is selected from the state's census tracts.

So it would seem that if Inslee thought through what's at stake in imposing a capital gains tax now, he would be saying "don't pass that now." But some would suggest urging Inslee to "think it through" might be an issue in itself.

Over the past year, professional firms and wealth management companies have been promoting their OZ expertise to clients and prospects while states have begun to compete to lure investors to projects coming about or envisioned on their lands where the benefits of the new federal tax law could come into existence.

A key issue, beyond the fact that all states that impose a capital gains tax acknowledge that it is a tax on income and an income tax is unconstitutional in this state, is that states with a capital gains tax have moved or are moving to bring their state capital gains tax provisions into harmony with the new federal one.

Meanwhile, the IRS has been tinkering with the rules, issuing proposed changes several times in the past year and leaving uncertainty for those seeking to be early users of the tax advantage for projects ranging from hotels to manufacturing facilities.

The tax rates on capital gains range from California's 12.3 percent to North Dakota's 2.9 percent. Oregon's rate is 9.9 percent, above but similar to the 8.9 percent proposed for the Washington capital gains tax.

Most all of the states understand that failing to give a capital-gains break similar to what the federal tax law will provide is likely to put them behind the eight-ball in appealing to those seeking projects that will maximize their benefits.

And since the federal law will permit anyone anywhere owing tax on capital gains to invest those dollars in a project in any Opportunity Zone in the country, the example I share with people is the guy in Keokuk, IA, who needs to find an Opportunity Zone somewhere in which to invest his gains. He will go looking for a project he likes in Montana or Oregon or Washington, make his investment watch the tax-break dollars pile up.

If he's going to give up 10 percent of tax savings on his gain by investing a Washington zone rather than an equally interesting project in Montana, why would he do that?

Thus the importance of a state staying in the herd of states that are adding state tax breaks to the federal ones. But that takes planning and such planning isn't possible during what's left of this legislative session.

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Port of Seattle plan, Department of Commerce Spain agreement key step toward Land of OZ

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Lisa BrownLisa Brown

As states begin to compete to create the most attractive Land of OZ to lure investors and create new businesses and jobs, the state of Washington and the Port of Seattle have taken key steps in the past few weeks that could put them at the front of the pack employing the benefits of new federal tax law.
 
OZ refers to what is officially called Qualified Opportunity Zones that come about under the Tax Cuts and Jobs Act of 2017. The QOZ provision in the legislation approved by Congress will permit those owing capital gains tax to delay, reduce or even totally avoid those taxes by investing in special funds designed to start businesses and provide other steps to help economically distressed communities.
 
Virtually every major accounting or law firm or wealth management company in the country has been inviting clients and prospects to learn all about the details of what have become known simply as Opportunity Zones, or OZ.
 
And while the message in many of those explanatory sessions by professional firms has been the prospect to create funds for investment in real estate projects, funds could be particularly appropriate for energizing the prosperity of small and diverse firms that have not had access to equity capital to grow and expand.
 
And that's where the recent separate initiatives by the State Department of Commerce and the Port of Seattle come into play in a manner that gives this region a leg up in that competition among states for attracting new investment to job creation.
 
Ralph Ibarra 
The development for the state was Spain's first-ever Memorandum of Understanding with a state to promote economic cooperation to benefit trade relations and boost business opportunities for small and medium-sized businesses in both Spain and Washington State.  
 
The agreement was signed in Madrid March 1 between Lisa Brown, the new director of the state Department of Commerce, and Maria Pena Matcos, chief executive officer of the public agency attached to Spain's Ministry of Industry.
 
The Port of Seattle's initiative was issuing a "Request for Qualifications" for a $200 million renovation of 29 acres near Pioneer Square in Seattle to provide for the port's fourth cruise ship berth that would accommodate super-size cruise ships.  
 
That parcel, for which the Port is seeking a partner, is located within an Opportunity Zone that extends across the property on which T-Mobile Stadium and CenturyLink Field are located and extends into the International District.
 
The Port's Request for Qualifications intriguingly contains the sentence: "It should be noted that Terminal 46 is located within a Qualified Opportunity Zone," suggesting it intends to use the tax-break incentive in seeking to attract a wide array of businesses to develop on the site, or nearby.
 
So what kind of developments are being created in other regions with Opportunity Zone funds? A potentially appropriate example was the announcement by a Scottsdale, AZ, based wealth development company called Caliber of plans for a new hotel development at Tucson Convention Center, which is in a designated OZ.
 
For Ralph Ibarra, president of DiverseAmerica Network, the agreement with Spain and the Port's announcement represent important steps to dramatically benefit small and diverse businesses.    

Ralph IbarraTo Ibarra, a consultant to the public and private-sector corporations and institutions who has brought long-standing support of small and diverse business to his consulting activities,
the agreement with Spain and the Port's announcement represent important steps to benefit small and diverse businesses.  

He sees both developments as important steps"particularly appropriate for energizing the prosperity of small and diverse firms that have not had access to equity capital to grow and expand."

In fact, Commerce Director Brown said her immediate priorities include helping address the sustainability of infrastructure financing programs and enhancing the agency's outreach activities - especially with rural and underserved areas - to ensure communities in need can access Commerce programs and services.
 
The statement put out following the signing of the agreement noted that it 'builds on a foundation of approximately $9 billion in trade activities currently taking place between Spain and the State of Washington. It acknowledges common strengths in aerospace, information and communication technology, cybersecurity, clean energy technology, life sciences, maritime, agriculture, and other sectors, and formalizes plans to explore opportunities for Washington companies in the Spanish market and establish future opportunities for Spanish companies to create jobs in Washington."

Ibarra, who chairs the Washington District Export Council, suggests Opportunity Zones "hold great promise to accentuate and expedite beneficial outcomes" from the Agreement with opportunities for Washington companies in the Spanish market and for Spanish companies to create jobs in Washington.

Ibarra brings some awareness of the extent of potential represented by the state's agreement with Spain since some years ago he prepared and escorted an aerospace manufacturing firm from this state to various meetings with Spanish aerospace companies at a U.S.-Spain Aerospace Industry Summit.

"And now, whether its Spain or Washington State, any individual relationship that comes about is going to need some sort of facility, whether distribution or manufacturing, in place and that's where Opportunity Zones can come into play to facilitate those relationships," Ibarra said.
 
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Cuomo blasts critics who doomed Amazon deal - "...stupid or liars..."

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New York Gov Andrew Cuomo has laid to rest any doubt that the political fallout from Amazon's decision, in the face of loud but relatively small opposition, to abandon its plan to bring its HQ2 to New York will drift across the national Democratic party landscape heading toward the 2020 elections.'
 
An open letter released last Sunday on Cuomo's web page was written by New York State Budget Director Robert Mujica who basically derided those whose opposition led to Amazon's decision as either stupid or liars.
 
As Mujica ungently said of opponents of the project who claimed Amazon was getting $3 billion in government subsidies that could have been better spent on housing or transportation: "This is either a blatant untruth or fundamental ignorance of basic math by a group of elected officials."
 
Mujica, whose letter has become fodder for blog comments across the political and economic spectrums, said there were three reasons the Amazon deal fell apart.
 
"First, some labor unions attempted to exploit Amazon's New York entry. Second, some Queens politicians catered to minor but vocal local political forces in opposition to the Amazon government incentives as 'corporate welfare.' Third, in retrospect, the State and the City could have done more to communicate the facts of the project and more aggressively correct the distortions."
 
On the third point is where Mujica took opponents of the project to task for his charge of "blatant untruth or fundamental ignorance."  
 
He explained that "The city, through existing as-of-right tax credits, and the state through Excelsior Tax credits -- a program approved by the same legislators railing against it -- would provide up to $3 billion in tax relief IF Amazon created the 25,000-40,000 jobs and thus generated $27 billion in revenue."
 
The fallout from Coumo's withering criticism of Amazon critics, through Mujica's superbly crafted narrative, coupled with the emerging influence of newly elected congresswoman Alexandria Ocasio-Cortez, could make New York ground zero for a major rift among Democrats, and not just those in New York.
 
Those elected officials scorned by Cuomo through Mojika's commentary, included Ocasio-Cortez, who has gathered growing support from elected Democrats on the left as well as left-leaning groups around the country, particularly after she promised that candidates like her will be on the ballot in an array of locations next election.
 
I looked through a variety of political and economic blogs about the Amazon debacle and found several that made compelling reading.

But the one that I found most compelling, though politically partisan, was from an economics blog called Marginal Revolution done by a couple of economics professors at Gorge Mason University in Virginia.
 
"I can only think that this is some sort of cognitive dissonance that prevents people of a certain politics slant from mentally processing words that go against a deeply held stereotype," wrote the prof, Alex Tabarrok. "Amazon is big. Bezos is rich. Obviously then the state gave them unique benefits. That's the only message that the left wing brain is neurologically capable of hearing, even though, in this case, it is the opposite of what happened."
 
His comment made me think his "certain political slant" likely fits both political fringes and it was then I realized it's been exactly a decade since the modern-day Tea Party came into existence, in either February or April of 2009, depending on which event its fans took to be the launch.
 
There obviously isn't going to be a liberal Tea Party, even if "neurological incapacity" can be found far out on either fringe. But what's happening in New York in the Amazon aftermath makes it clear there could be a mirror image of the Tea Party with the mirror folks shouting "yes, taxes!" in reply to the "no on taxes!" Or "more government" to"no government."
 
That's the "balance" of equally potent fringes which, even if each appeals to about 15 percent of their parties, will be reflected in pressures on the middle as the next election nears.
 
And because the liberal "Tea Party" mirror is coming about a decade on from the original, it will be affecting political positions more than in the past for Democrats. And thus it will be interesting to see how the positions of Washington State's two presidential wanna be's, Gov. Jay Inslee among the Democrat hopefuls and Starbucks' Howard Schultz as an independent, might change.

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Amazon/New York - Are the days of corporate incentives or breaks coming to an end?

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Watching the free-for-all of analysis and commentary over Amazon's misadventure romance with New York City, we're talking about the company now, now its CEO, over a second headquarters made me think of my senior-sprinter friend and author Steve Robbins. Although he is acknowledged as the most prolific author of management textbooks, he may now have an outline for one he's never written.
 
I'm referring to Amazon's unprecedented suddenly announced decision that it was no longer planning to build a second headquarters in a section of New York City's Queens neighborhood of Long Island City.  
 
I say suddenly announced because no one can be certain that Amazon's decision to turn away from New York was as quickly made as the announcement might suggest. Like the world third's richest company may have begun to have a change of heart soon after its early November announcement that unexpectedly there would another "second headquarters", adding Northern Virginia in the announcement that New York was the pick.
 
Is it possible Amazon execs hadn't thought things through about New York until Gov. Andrew Cuomo and New York Mayor Bill de Blassio pointed out, as they welcomed the company, that New York is a union town? That fact had assumedly already been digested by a company that doesn't go for union organizing.
 
The business fallout from this may simmer for a time but will likely disappear. Bu the political fallout will likely continue for New Yorkers into the next general election and maybe beyond.

Meaning from a business sense, Amazon will likely be able to go on as if nothing happened. As a former top Amazon executive told me, "the world is a very big place. If one doesn't want us, others will."
 
But politically, the rift between the New York Democratic party power structure and the newly emerging powerhouse of left-wing forces, some elected and some not elected, will echo down the coming months.
 
I called my roommate from college days at Marquette, who retired after fashioning a prominent New York legal career, to ask him his thoughts.
 
"A lot of the politicians who were against the Amazon deal didn't represent the district so they had no skin in the game and Governor Cuomo is outraged at the politicians who had no constituent reason to get involved but screwed it up," he said.
 
"Regarding the idea that unions opposed Amazon, a non-union giant, coming to New York: that doesn't make sense," he said. "The municipal employees union was very opposed because they feared the multi-billion dollar package the city had put together for Amazon would come out of their salaries and future raises.
 
"But a majority of the unions are upset that Amazon walked away. Do you think any of the construction-related unions weren't excited about what the future held for them?"
 
The Amazon-New York situation represents the conundrum that areas seeking to attract new business face. If a city or state don't offer the incentives, they are often out of consideration.  If they do play the game, they are open to public pressure to back off.
 
A longtime business leader in this state, when I asked about that conundrum, told me he thinks the days of corporate incentives or breaks are coming to an end.
 
"This movement among millennials to the left is going to reset the political system, including things like corporate incentives," he said.
"The selection process was, in my judgment the height of corporate arrogance in a time when the tide is going the other way," added my business-leader friend.
 
"The variables which help strengthen public support for a company's actions are the goodwill a company builds in the community and the public support they build," he added. "Boeing has been a master at that, something they learned after the 1972 cutbacks from the demise of the SST."
 
So back to Steve Robbins and his management textbooks. I haven't seen Robbins, who moved from Seattle to Cleveland a few years ago and turned 76 last month, for a decade but was caused to recall his leaving me far behind in various 100-meter races in masters and senior games events. But fortunately, I got to talk with him after or over coffee about both writing and running.
 
I'd love to get hold of him now to get his view of the management aspects or lack thereof, that might have been in evidence in the non-dramatic drama of Amazon's decision.
 
I flipped through his nearly three dozen titles, of which he has sold 10 million copies and that have been translated into 20 languages, to see if any of the titles, all available on Amazon, might suggest he's already been there in the discussions and lessons in his management textbooks.
 
Robbins' books focus on conflict, power, organizational politics and interpersonal skills. Which of those were in evidence or absent, and to what extent, would make interesting cocktail lounge or boardroom, discussion.
 
I was intrigued at the title of one of Robbins' books: "Divide and Conquer: The ultimate guide for improving your decision making."
 
It occurred to me that the way Amazon left the New York political scene in taters definitely demonstrated an ability to divide, as was also evidenced in the embarrassing snafu of the Seattle City Council and its aborted head tax.
 
I'll leave the "conquer" to those cocktail lounge conversations.

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WA legislature and Congress in crosshairs over consumer privacy

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Lawmakers in both Washingtons are in the consumer-privacy crosshairs amid a growing awareness, and thus anger, of how little people are able to keep private about themselves.  
 
While both the Washington Legislature and Congress are deliberating bills the lawmakers hope can be crafted to satisfy both tech giants and consumers, there is an increasingly uncomfortable sense among legislators at both the state and federal levels that they had better not rile consumers further on the privacy issue.
 
And interestingly, part of the script for how this struggle between the tech industry and individuals over privacy plays out may be written in Washington state, either with the legislative tax hammer that is almost uniquely available in this state or by an emerging Bellevue company that hopes to take the privacy issue out of the hands of the tech giants.  
 
The tax tool is the state's business and occupation tax, a use tax on gross receipts rather than profits, which can and has been imposed in a punitive manner. The business start-up company is Helm, which has created a relatively inexpensive device, about the size of a router, that lets consumers send and receive emails from their own domain. More on both the b&o and Helm later.
 
At the federal level, Sen. Ron Wyden, D-Ore., is proposing sweeping new legislation that would empower consumers to control their personal information, create radical transparency into how corporations use and share their data, and impose harsh fines, even prison terms for executives at corporations that misuse Americans' data.
 
As Wyden has put it: "Today's economy is a giant vacuum for your personal information - Everything you read, everywhere you go, everything you buy and everyone you talk to is sucked up in a corporation's database. But individual Americans know far too little about how their data is collected, how it's used and how it's shared,"  
 
Washington Gov. Jay Inslee said he expects the state legislature to address privacy in the upcoming session, saying he has begun discussions with tech leaders in the state "about a privacy policy that is consistent with innovation and also consistent with fundamental rights of privacy." And Inslee expressed confidence about getting a policy, probably in this session, that will be pleasing to innovators and consumers."
 
"Pleasing" to the big tech companies like Facebook, Google and hometown Amazon is an almost amusing word for a governor to use when "acceptable" to the tech giants is the best that is likely to happen with any state legislation that constrains the manner in which personal information is being collected and used.
 
That's particularly true with citizen pressure on lawmakers here and in other states after California's Assembly and Senate overwhelmingly passed a far-reaching piece of legislation called the California Consumer Privacy Act of 2018 (CCPA). The measure largely mirrors protections offered to European citizens under the recently implemented General Data Protection Regulation (GDPR), is likely to drastically change the ways that American companies store and trade in consumer information for Californians.
 
The law allows Californians to ask firms collecting and selling data: what do you collect, why and with whom do you share it? And it allows California residents to opt out of the sale of their data and to request deletion of their data.
 
And in addition to Wyden's zeal on behalf of privacy, the passage of CCPA is spurring the tech industry to seek Congressional action on something they could at least reluctantly accept to avoid what they are protesting as a possible "patchwork approach to privacy policy" if each state enacts its own version.
 
So in the event Washington lawmakers approve legislation that makes its citizens happy about new state protections for privacy, and then Congress approves a law that offers dramatically less protection that supersedes what states like California, and Washington, have put in place, how can this state preserve the protections it will have given its citizens.?
 
A suggestion, borne or my political-writing background: The state, led by its Democrat Atty. Gen. Bob Ferguson, could put in place a privacy policy that companies would be told they must comply with or a special B&O tax rate of some compelling amount, maybe even 25 percent, will apply to those firms not honoring our privacy policy.  
 
Would Ferguson have the courage to confront major tech companies either located here, like Amazon or having a significant presence here like Google and Facebook? Given the fact that he'd like to be Inslee successor as governor and that his key role is first and foremost "preserving the rights of the individual," he could fatally impact his political hopes if he failed to follow the public demands on this issue. And in fact, if he failed to take a protective step demanded by citizens, they could use the initiative process to create a special b&o tax rate themselves.
 
This wouldn't be a law, since the federal government if Congress passes a privacy act, would likely have pre-empted states passing laws governing privacy. But legislation imposing a different b&o tax and the significantly higher rate has a long tradition protected by decisions of the Washington State Supreme Court.
 
Would what I am talking about be legal blackmail? Consider that there are almost three dozen B&O classifications with rates often unexplainable, like parimutuel wagering having a rate of .0013 and gambling contests of chance, .015. The latter, incidentally, is the rate for "service and other activities," which includes professional firms like attorneys as well as consultants-the rate I pay.
 
And how law firms came to be taxed at the highest rate is instructive for how lawmakers in Washington can use the b&o. In the 1993 session, lawmakers sought to extend the sales tax to the legal profession but the attorneys brought their lobbyists to the fray and successfully defeated the effort. Presto, came the highest b&o tax suddenly applying to attorneys, just about tripling their tax.
 
I once asked the late Gov, Mike Lowry if that came about as punishment by a Democratic governor (him) and Democratic legislature and he let out one of his classic shoulder bouncing laughs.
 
When I discussed the privacy issue with Bellevue-based research analyst Jim Hebert, he noted that Congress has been through a major privacy-invasion crisis and solution before. He was referring to the reforms in consumer credit law to combat excesses of the credit agencies.  
 
"The agencies collected information on you, kept it and sold it to banks and others, with statistics disclosing that 40 percent of the information was wrong and no one knew it," Hebert said.  
 
The outcome was legislation enacted requiring that all such data the credit agencies collect is now turned over to a third-party organization that polices the data's accuracy and makes it available to consumers.
 
"Credit bureaus weren't put out of business or even really damaged by the corrective legislation," Hebert noted.
 
So back to Helm, the Bellevue company that was the idea of  Giri Sreenivas and Dirk Sigurdson, two entrepreneurs who had sold a security startup and raised a $4 million seed round from top venture capital firms last year.
 
"Right now, nearly all of the data that comprises your online life is stored in a massive data center," Sreenivas wrote in a blog he posted. "You don't own it. You can't see it, you can't touch it - and you don't know who can. That dream of a device that would make data 'ownable' to the individual - not a stranger - is what led to Helm."
 
Their device connects to a home network and pairs with a mobile app that lets users create their own domain name, passwords, and recovery keys. Helm supports standard protocols and works with regular email clients such as Outlook or the Mail app, with encryption protecting the connection between the device and the apps.
 
A key challenge for privacy champions is the apparent uncertainty about the extent to which younger generations will care enough to get into the fray as opponents of the big tech data collectors, although a recent survey I saw said there's growing disillusionment among people in their twenties and thirties surrounding social media.
 
But in a comment that leaders of the privacy battle would find disappointing, one of the millennials in the survey was quoted as saying "I feel like our generation has been raised to not be so worried about online privacy because it just feels like there is no alternative. Ultimately I do value privacy in theory, but it feels like it's a cost of participating in society. Not just online."

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An amusing post-script to last week's column
 
An email from a Russian friend provides a post-script to last week's column in which I suggested the formation of a business that, for a fee, could crowd the fringe in congressional or legislative races, helping ensure the re-election of moderates of either party.
 
Natalia Blokhina, who helps guide a Moscow-based fund management company that invests in U.S. companies, as well as companies elsewhere, sent me an email saying it was an interesting column.
 
Because I sought to help introduce Natalia to companies in which her fund might invest, I emailed her back asking if her fund might be interested in being an investor if the idea of a Save Our Middle LLC took hold.
 
"It would be interesting to tell people we have Russian investors in our company," I joked to her.
 
"We wouldn't want to be involved in a political company," she replied quite seriously.
 
You can search the column I did about Natalia at Flynn's Harp: Natalia Blokhina.

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WA legislature and Congress in crosshairs over consumer privacy

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Lawmakers in both Washingtons are in the consumer-privacy crosshairs amid a growing awareness, and thus anger, of how little people are able to keep private about themselves.  
 
While both the Washington Legislature and Congress are deliberating bills the lawmakers hope can be crafted to satisfy both tech giants and consumers, there is an increasingly uncomfortable sense among legislators at both the state and federal levels that they had better not rile consumers further on the privacy issue.
 
And interestingly, part of the script for how this struggle between the tech industry and individuals over privacy plays out may be written in Washington state, either with the legislative tax hammer that is almost uniquely available in this state or by an emerging Bellevue company that hopes to take the privacy issue out of the hands of the tech giants.  
 
The tax tool is the state's business and occupation tax, a use tax on gross receipts rather than profits, which can and has been imposed in a punitive manner. The business start-up company is Helm, which has created a relatively inexpensive device, about the size of a router, that lets consumers send and receive emails from their own domain. More on both the b&o and Helm later.
 
At the federal level, Sen. Ron Wyden, D-Ore., is proposing sweeping new legislation that would empower consumers to control their personal information, create radical transparency into how corporations use and share their data, and impose harsh fines, even prison terms for executives at corporations that misuse Americans' data.
 
As Wyden has put it: "Today's economy is a giant vacuum for your personal information - Everything you read, everywhere you go, everything you buy and everyone you talk to is sucked up in a corporation's database. But individual Americans know far too little about how their data is collected, how it's used and how it's shared,"  
 
Washington Gov. Jay Inslee said he expects the state legislature to address privacy in the upcoming session, saying he has begun discussions with tech leaders in the state "about a privacy policy that is consistent with innovation and also consistent with fundamental rights of privacy." And Inslee expressed confidence about getting a policy, probably in this session, that will be pleasing to innovators and consumers."
 
"Pleasing" to the big tech companies like Facebook, Google and hometown Amazon is an almost amusing word for a governor to use when "acceptable" to the tech giants is the best that is likely to happen with any state legislation that constrains the manner in which personal information is being collected and used.
 
That's particularly true with citizen pressure on lawmakers here and in other states after California's Assembly and Senate overwhelmingly passed a far-reaching piece of legislation called the California Consumer Privacy Act of 2018 (CCPA). The measure largely mirrors protections offered to European citizens under the recently implemented General Data Protection Regulation (GDPR), is likely to drastically change the ways that American companies store and trade in consumer information for Californians.
 
The law allows Californians to ask firms collecting and selling data: what do you collect, why and with whom do you share it? And it allows California residents to opt out of the sale of their data and to request deletion of their data.
 
And in addition to Wyden's zeal on behalf of privacy, the passage of CCPA is spurring the tech industry to seek Congressional action on something they could at least reluctantly accept to avoid what they are protesting as a possible "patchwork approach to privacy policy" if each state enacts its own version.
 
So in the event Washington lawmakers approve legislation that makes its citizens happy about new state protections for privacy, and then Congress approves a law that offers dramatically less protection that supersedes what states like California, and Washington, have put in place, how can this state preserve the protections it will have given its citizens.?
 
A suggestion, borne or my political-writing background: The state, led by its Democrat Atty. Gen. Bob Ferguson, could put in place a privacy policy that companies would be told they must comply with or a special B&O tax rate of some compelling amount, maybe even 25 percent, will apply to those firms not honoring our privacy policy.  
 
Would Ferguson have the courage to confront major tech companies either located here, like Amazon or having a significant presence here like Google and Facebook? Given the fact that he'd like to be Inslee successor as governor and that his key role is first and foremost "preserving the rights of the individual," he could fatally impact his political hopes if he failed to follow the public demands on this issue. And in fact, if he failed to take a protective step demanded by citizens, they could use the initiative process to create a special b&o tax rate themselves.
 
This wouldn't be a law, since the federal government if Congress passes a privacy act, would likely have pre-empted states passing laws governing privacy. But legislation imposing a different b&o tax and the significantly higher rate has a long tradition protected by decisions of the Washington State Supreme Court.
 
Would what I am talking about be legal blackmail? Consider that there are almost three dozen B&O classifications with rates often unexplainable, like parimutuel wagering having a rate of .0013 and gambling contests of chance, .015. The latter, incidentally, is the rate for "service and other activities," which includes professional firms like attorneys as well as consultants-the rate I pay.
 
And how law firms came to be taxed at the highest rate is instructive for how lawmakers in Washington can use the b&o. In the 1993 session, lawmakers sought to extend the sales tax to the legal profession but the attorneys brought their lobbyists to the fray and successfully defeated the effort. Presto, came the highest b&o tax suddenly applying to attorneys, just about tripling their tax.
 
I once asked the late Gov, Mike Lowry if that came about as punishment by a Democratic governor (him) and Democratic legislature and he let out one of his classic shoulder bouncing laughs.
 
When I discussed the privacy issue with Bellevue-based research analyst Jim Hebert, he noted that Congress has been through a major privacy-invasion crisis and solution before. He was referring to the reforms in consumer credit law to combat excesses of the credit agencies.  
 
"The agencies collected information on you, kept it and sold it to banks and others, with statistics disclosing that 40 percent of the information was wrong and no one knew it," Hebert said.  
 
The outcome was legislation enacted requiring that all such data the credit agencies collect is now turned over to a third-party organization that polices the data's accuracy and makes it available to consumers.
 
"Credit bureaus weren't put out of business or even really damaged by the corrective legislation," Hebert noted.
 
So back to Helm, the Bellevue company that was the idea of  Giri Sreenivas and Dirk Sigurdson, two entrepreneurs who had sold a security startup and raised a $4 million seed round from top venture capital firms last year.
 
"Right now, nearly all of the data that comprises your online life is stored in a massive data center," Sreenivas wrote in a blog he posted. "You don't own it. You can't see it, you can't touch it - and you don't know who can. That dream of a device that would make data 'ownable' to the individual - not a stranger - is what led to Helm."
 
Their device connects to a home network and pairs with a mobile app that lets users create their own domain name, passwords, and recovery keys. Helm supports standard protocols and works with regular email clients such as Outlook or the Mail app, with encryption protecting the connection between the device and the apps.
 
A key challenge for privacy champions is the apparent uncertainty about the extent to which younger generations will care enough to get into the fray as opponents of the big tech data collectors, although a recent survey I saw said there's growing disillusionment among people in their twenties and thirties surrounding social media.
 
But in a comment that leaders of the privacy battle would find disappointing, one of the millennials in the survey was quoted as saying "I feel like our generation has been raised to not be so worried about online privacy because it just feels like there is no alternative. Ultimately I do value privacy in theory, but it feels like it's a cost of participating in society. Not just online."

-0-

An amusing post-script to last week's column
 
An email from a Russian friend provides a post-script to last week's column in which I suggested the formation of a business that, for a fee, could crowd the fringe in congressional or legislative races, helping ensure the re-election of moderates of either party.
 
Natalia Blokhina, who helps guide a Moscow-based fund management company that invests in U.S. companies, as well as companies elsewhere, sent me an email saying it was an interesting column.
 
Because I sought to help introduce Natalia to companies in which her fund might invest, I emailed her back asking if her fund might be interested in being an investor if the idea of a Save Our Middle LLC took hold.
 
"It would be interesting to tell people we have Russian investors in our company," I joked to her.
 
"We wouldn't want to be involved in a political company," she replied quite seriously.
 
You can search the column I did about Natalia at Flynn's Harp: Natalia Blokhina.
Continue reading

Wrongful convictions 'fundamental failure of justice' - Mike Heavey

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Mike Heavey is a decorated Vietnam veteran, former Washington State legislator and retired King County Superior Court judge who each year marks his now 15-year remission from non-Hodgkin's lymphoma by climbing a mountain, with his 30-year friend, U.S. Sen. Maria Cantwell, sometimes among the climbers.

But it's likely Heavey, 72, will want to be best remembered for his creation of an organization called Judges for Justice, which he formed in 2013 to identify wrongful convictions that leave innocent people imprisoned who can only be freed if someone makes the effort to have them exonerated.

Heavey's comments and the phrases that pepper them leave little doubt that the man who spent 14 years in the Washington State legislature and a dozen years as a superior court judge views the conviction and imprisonment of people who turn out to be innocent as a scar on the face of a nation.

"A wrongful conviction is a failure of the justice system in the most fundamental sense," says Heavey.
 
"Shocking crime generates fear in the community, fear generates pressure on law enforcement, pressure leads to tunnel vision and can create what we call a 'wrongful conviction climate' where the psychological drivers lead to tunnel vision and confirmation bias," says Heavey. The last is a term psychologist's use for the human tendency to interpret new information through the lens of existing convictions.
 
The case that launched Judges for Justice was one with the highest possible visibility, the trial, conviction, and imprisonment of his daughter's high-school friend, Amanda Knox. He got involved in the case of Knox and Raffaele Sollecito's in 2008, shortly after they were arrested for the murder of Meredith Kercher.
 
He said he found this case unsettling because his personal knowledge of Amanda, who grew up in his neighborhood, differed so greatly from the portrayal on the news. He began examining the case more closely and said he saw distinct indicators of a wrongful conviction.
 
He complained about the tactics of the Italian prosecutor, police and prison officials, saying Knox was "in grave danger of being convicted of the murder because of illegal and improper poisoning of public opinion and judicial opinion."
 
Heavey's ongoing criticism of Italian justice in Knox's case even included a Seattle Rotary presentation that embodied his criticisms. His comments and actions drew a rebuke from the Committee for Judicial Conduct, which said his actions "violated the judicial canons that require judges to 'uphold the integrity and independence of the judiciary' and 'avoid impropriety and the appearance of impropriety in all their activities.'"

Heavey promised not to do it again, as he recalls.

On December 5th, 2009, Amanda and Raffaele were convicted of murder. Amanda spent four years in prison until, finally, on October 3rd, 2011; her conviction was overturned in an appel­late court. Amanda was free to go home to her family. She returned to her home in Seattle, Washington and published a memoir recalling her horrific ordeal.
 
The effort by Heavey and his nonprofit organization aren't viewed kindly by law enforcement and justice agencies in cases where he has gone on the attack and it is with his current campaign in an explosive case in Hawaii.

It's the case of Dana Ireland, the 23-year-old victim of a Christmas Eve abduction, rape, and murder on the Big Island in 1991. Three men were convicted of the murder and imprisoned.
 
But in a luncheon speech last month before the Exchange Club of Downtown Honolulu, with the picture of the beautiful young woman on the projection screen behind him, Heavey said the DNA evidence from the crime scene matched none of the men convicted.
 
Then for emphasis, Heavey said to the audience, "the man who left the DNA, he's the killer. And he's still out there."
 
The Big Island prosecutor and the Hawaii Innocence Project question his motives, but Heavey presses on with a campaign to reopen the notorious murder case.
 
In an interview this week for this column, Heavey flatly accuses the prosecutor and the Hawaii Innocence Project of seeking to cover up the fact that the DNA evidence that was uncovered was not disclosed before or after the trial.
 
That failure, Heavey contends, led to the fact that Frank Pauline, one of the three men convicted of the murder, was himself murdered in a New Mexico prison by a fellow inmate. Heavey and Pauline had had several contacts via email and telephone about the fact undisclosed DNA evidence from a bloody tee-shirt found at the scene of Dana Ireland's murder should have been made available to Pauline' attorney.
 
The fact that Heavey's efforts get strong pushback from the justice and law enforcement establishments is evidenced by the Hawaii Innocence Project filing a complaint with the Washington State Bar Association over Heavey's involvement in the case.
 
It was Heavey's work in another case that earned him a nomination for an award from the bar association, an award of merit for what the nomination described as his :"literally thousands of hours over the past four years to achieve the release of Chris Tapp, wrongfully convicted in Idaho of first degree murder and rape."
 
Thanks to Heavey's efforts, Tapp walked out of the Kootenai County jail in March of 2017, a free man after serving more than 20 years of a life sentence for a crime he didn't commit.
 
As to Heavey's long remission from the type of cancer that has claimed, among others, Paul Allen and Blake Nordstrom, he explains that
he decided he was going to do all that he could to get better. "I was going to maximize my ability to heal," he said.  
 
In addition to standard Western medical care, he read that diet had a lot to do with spontaneous remissions, so he changed the way he ate, replacing processed foods with fresh fruits and vegetables, and coffee with green tea. He prayed to maximize the spiritual side of healing as well.
 
"We all have a higher essence down deep, a healing force inside of us. Praying and meditating helps connect with that force," Heavey said.
 
Mountain climbing became a part of his "healing force" in 2006 when, at the age of 59, he climbed Mt. Rainier for the first time. "I had started hiking with friends after my cancer went into remission and years of back pain went away," he said.
 
He climbed Rainier every year for five years. He has summited Mt. Hood and Mt. Baker in Washington and Grand Teton in Wyoming. In 2013, he climbed to the "Roof of Africa," the 19,340-foot Mt. Kilimanjaro in Tanzania. "I like to climb because it means I'm healthy," he said.
 
Cantwell, who was elected to the state House or Representatives the same year Heavey was, has been part of the climbing team on several climbs, including Kilimanjaro, led by their mutual friend, Seattle investment advisor John Rudolf.
 
To emphasize the importance of his Judges for Justice efforts, which he says will take on a new case in Pennsylvania shortly, Heavey notes that a recent study of those freed after being imprisoned for crimes that they were innocent of finding that 117 of those exonerated had been on death row.
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State offers session focusing on new tax break - Opportunity Zones

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The state Department of Commerce is convening a day-long session in Seattle next week to help an army of accountants, attorneys, developers, and investment advisors get a better grasp of the unlikely new Federal tax tool that will allow the wealthy to make money while making a difference.

That tool is the Qualified Opportunity Zone provision in the Tax Cuts and Jobs Act of 2017 that will permit those owing capital gains tax to delay, reduce or even totally avoid those taxes by investing in special funds designed to start businesses and provide other steps to help economically distressed communities.

What's referred to as the OZ act wasn't actually contained in the original major rewrite of the tax reform act that was crafted by congressional Republicans and the Trump Administration. Rather it grew out of a measure filed a year earlier called the Investing in Opportunity Act.

Sen. Tim Scott, R-South Carolina, who wrote The 2017 Investing in Opportunity Act measure that was filed and then forgotten in committee, gathered support from moderates of both parties in a true example of working together to revive the bill as an addition to the major tax bill.

Its inclusion in the Tax Act has attracted comments like "for investors who want to make money and make a difference," and "for investors who want to make money and do good in one fell swoop.'

Governors of the 50 states were brought into the implementation of the act by having the opportunity to designate census tracts where various business ventures would be eligible for the OZ benefits, through investment by Qualified Opportunity Funds.

The program pinpointed more than 8,500 eligible census tracks in the U.S., with 139 of them in this state. Most of the tracts where businesses and projects can be located to attract capital are single tracts but in one area in this state, 11 tracts were put together as a unit.

While the IRS must still announce final details, like who can legitimately invest in projects, interested investors and those who would like to attract investors have been poring over details of the legislation.

Sarah Lee, project director in the office of Economic Development and Competitiveness in the State Department of Commerce, who has been closely involved with Washington State's role implementing the act, told me "listening sessions" in Wenatchee, Spokane, Tacoma, and Clallam County led up to the Seattle session next week.

She invited the Federal Reserve Bank of San Francisco to join the Department of Commerce and the National Development Council (NDC) to plan and put on the day-long event at the Bell Harbor Conference Center.

Lt. Gov. Cyrus Habib, who with the state treasurer Duane Davidson and Commerce Director Brian Bonlender took the first pass at the census tracts to include, then forwarded the list Inslee for final determination, will welcome attendees at the Bell Harbor event, in remarks expected to tout the opportunity the act presents.

Chuck Depew, senior director and West Team Leader at the NDC, said: "In the development world, you don't often meet people with high net worth looking to be involved, but that world is now going to change."

Depew provides technical assistance in project finance, development negotiation and housing finance to communities throughout the Northwest, including Utah and Wyoming and Northern California, for the NDC, which for more than 30 years has worked with local jurisdictions on multiple housing and economic development efforts.

The challenge in the program is how can Opportunity-Zone communities, rural, urban and tribal, encourage mission-driven investors, including private, community and family foundations and social impact investors to be involved.

After Washington Gov. Jay Inslee made it clear to OZ planners in this state that the native-American tribes had to benefit from the program, five tribes participated with six communities in creating an 11-tract zone on the North Olympic Peninsula.

The tribes, along with the key communities in Clallam and Jefferson counties and two port districts, have invited the public to participate and make suggestions for projects that will address economically distressed areas in the two counties in what they have dubbed the Emerald Coast Opportunity Zone.

The project to create the Emerald Coast Opportunity Zone (ECOZ) will be on display at the Bell Harbor event next week and Lee said there is already interest from the Colville Confederates Tribe in Central Washington in looking into the planning that led to the ECOZ.

The Bell Harbor gathering will feature panels of philanthropists, social impact investors, banks and lending entities as well as what is being called a "pitch fest" at which individual entrepreneurs and project innovators will have a chance to "sell" individual projects to the attendees.

Advance billing for the event suggests that Participants "will have the opportunity to work together to engage, inform, and influence key projects in shaping the future of Washington State through investing in local communities with thoughtful leadership and empowering innovative projects.

U.S. investors currently hold an estimated $2.3 trillion in unrealized capital gains on stocks and mutual funds alone-a significant untapped resource for economic development. The QO Zone legislation allows investors to temporarily defer capital gains recognition from the sale of an appreciated asset, but only if they reinvest the gains into a QO Fund.

One analysis of the tax deferral funds suggested: The new QO Funds will "democratize" economic development by allowing a broad array of investors throughout the country to pool resources and mitigate risk. That will increase the scale of investments going to underserved areas and thereby increase the probability of neighborhood turnaround."

It occurred to me that the OZ effort could provide a new recruitment tool for state and local communities since a person owing capital gains can invest those in a qualified census tract in any part of the country.

"While the state hasn't talked about using this for recruitment of companies, it makes perfect sense," Depew said after I told him that officials in Montana told me at an outreach event to Montanans who now live in the Seattle area that they are already seeking to learn how they could make that a state growth strategy.

Thus the logical next step is for states and possibly regions of multiple states, along with businesses and developers, to develop marketing programs to reach out to those seeking to figure out how to invest their capital gains.

The act specifically prohibits any of the approved funds from investing in what the act describes as "sin" businesses, a list that specifically excludes commercial golf courses, country clubs, massage facilities, liquor stores, suntan facilities, and "race track or other facilities used for gambling."

So obviously one business that won't be permitted, particularly where the tribes are involved n an Opportunity Zone, would be a new casino.
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