(I am registered there, incidentally, but since I'm on a new computer I probably don't have the cookie to permit access)
Sorry for the trouble - here it is (note that it is a month old):
Perry defends aide's work for road firm
Shelley's appointment resurrects questions about Perry's staff and businesses
By Jason Embry
AMERICAN-STATESMAN STAFF
Thursday, December 30, 2004
Gov. Rick Perry's office on Wednesday defended Legislative Director Dan Shelley's recent role with a company that has won a major road contract with the state.
The Dallas Morning News reported that Shelley was a consultant for Spanish tollway operator Cintra until three months before the Texas Transportation Commission chose the company to lead construction of the first phase of the Trans-Texas Corridor. Shelley, a former legislator, was a government affairs consultant who was scheduled to be paid if the company won the contract, but he gave up his rights to that money when he went to work for Perry in September.
The commission awarded the contract to Cintra on Dec. 16.
Shelley's relationship with companies seeking state business also drew headlines nearly a decade ago. After Shelley left then-Gov. George W. Bush's office in 1996, he lobbied for Lockheed Martin Corp., which competed for a contract to help the government implement changes in the welfare system. As Bush's legislative liaison, he had helped guide into law the legislation creating that contract.
Perry has been criticized previously because a high-level staff member moved back and forth to the lobby. Mike Toomey, his former chief of staff, returned to his work as a lobbyist after leaving Perry's office and now is a registered representative for nine clients, according to the Texas Ethics Commission.
Perry spokesman Robert Black said the governor's office had no role in selecting Cintra to build the corridor. He said that Shelley's role with Cintra was to help the company determine whether it wanted to do business in Texas, where it had never worked before, and that he did not lobby for Cintra.
Perry prohibits staff members from lobbying his office for a year plus one legislative session after they leave. Shelley lobbied for other clients before joining Perry's staff. Perry does not require lobbyists to wait a certain amount of time before they go to work for him.
Suzy Woodford, executive director of Common Cause in Texas, said Perry should avoid situations that appear to make his staff beholden to businesses.
"You can't legislate every ethic, everything to preclude this kind of situation," she said. "You really have to have people in leadership positions that say, 'I don't think this passes the smell test, and so I'm not going to hire this person.'"
Shelley's experience highlights the close ties that often exist among lobbyists, state officials and businesses. Two of his recent lobbying clients, for instance, Lockheed Martin and ACS State & Local Solutions, are helping underwrite a reception for Perry in Washington next month.
The Morning News reported that Shelley began consulting for Cintra in December 2003, about three months after the company was named one of three possible contractors for the corridor. When Shelley joined Perry's staff nine months later, his lobbying firm did not take over the Cintra contract.
The corridor plan is Perry's long-term vision to build 4,000 miles of toll roads, rail and utility lines across Texas. A consortium led by Cintra plans to build and pay for a $6 billion turnpike from San Antonio to north of Dallas. The companies will throw in $1.2 billion for other state transportation projects as part of the 50-year deal, during which it will keep toll revenues.
Ed Pensock, director of corridor development for the state transportation department, said the governor's office had no role in the selection of the Cintra-led group. Department employees recommended that group to transportation commissioners.
Shelley joined Bush's staff in 1995. A few months after he left Bush's office, he began lobbying for Lockheed Martin, which was vying for a $2 billion state contract that ultimately was never awarded.
Black, who said Shelley was not giving interviews Wednesday, said Perry chose him because of his experience as a lawmaker and an aide to Bush and because he has a good relationship with the Legislature.
"Gov. Perry has hired individuals who have vast experience in particular areas, whether they be policy or press or legal, and his goal is to get the best and brightest in here," he said.