(The following article by James Quirk Jr. was posted on the Burlington Hawkeye website on September 18.)
BURLINGTON, Iowa — The legal battle unfolding between Burlington and BNSF Railway has generated different reactions from nine candidates vying for a shot at three City Council seats.
The three candidates who walk away as winners from November’s general election will start their four–year terms by learning the ropes — or, in some cases, relearning the ropes — and working on a new budget for fiscal year 2006–07.
Before the ink dries on the next budget, which should be adopted by mid–March, the new council members — along with councilmen Bill Ell and Mike Campbell, whose terms don’t expire for another two years — will be given ringside seats to a legal battle that by April will have been more than two years in the making.
The city sued BNSF in March 2004, alleging the railroad breached an 1858 agreement that stipulated the railroad could use city–owned riverfront property for its operations as long as it maintains its principal shops in Burlington.
The railroad, over the past several years, has either transferred or eliminated about 400 locomotive shops jobs that were in the West Burlington shops. (The shops actually are located within the Burlington city limits.)
The railroad since has filed a counterclaim against Burlington, alleging the city breached a subsequent 1985 agreement that indicated the BNSF could use riverfront property indefinitely as long as it’s for railroad purposes. The 1985 agreement states nothing about BNSF having to maintain its shops in the city.
The suit is scheduled to be heard in April in U.S. District Court in Davenport.
“Well, I don’t want to second–guess our leaders right now,” Garry Thomas, a candidate and former councilman, said. “I wasn’t privy to all the information that they had when they decided to file that lawsuit against BNSF. I’m sure there was more to what we know that I’m not going to second–guess and say it’s not right or it’s wrong. I’m not in that position.”
The possibility of suing BNSF was kicked around City Hall in late 2003, toward the close of former councilman and Mayor Tim Scott’s second term.
“Knowing what I knew when I left council, and as angry as I was at (BNSF Vice President) Craig Hill … I think I would have taken the same direction that this present council has taken,” said Scott, now a candidate seeking a third term after nearly two years off the council.
Scott said Hill told local officials during a meeting that Burlington “would have an opportunity to address BNSF before any decision out there was final.”
“That was with (Gov. Tom Vilsack) there, that was with our senators there, that was with our U.S. representatives there, that was with (West Burlington Mayor Hans Trousil) and myself there. … He looked at all of us and lied to our faces,” Scott said. “Knowing what I knew at that time, I would have pursued the lawsuit. As a matter of fact, I thought we should have gotten into that mode much sooner than we did. My goal was to save jobs. After everybody was gone and the (West Burlington shops) shuttered, for all practical purposes, I don’t know. I haven’t a clue to what information the council has today on that subject. I’m not privy to it.”
At the time the lawsuit was filed, BNSF was still in the process of transferring local jobs.
City officials indicated at the time the lawsuit was about returning the jobs, but the city has since reported the best it can hope for is to collect rent from BNSF for using the riverfront property.
Officials stated in March 2004 that they were hopeful the rent would be so high that BNSF would find it more advantageous to return the jobs.
Before the lawsuit was filed, BNSF was considering whether to transfer shops jobs from Burlington to Topeka, Kan., or from Topeka to Burlington. In addition to Topeka, BNSF eventually transferred some of the local positions to Galesburg, Ill.
“I think we should have filed the lawsuit,” newcomer candidate Paul Niemann said.
Niemann said the railroad was in the wrong.
“We need those kinds of jobs in the community,” he said. “People are out of work. Some of the people I know did get transferred to other places, but there are some people still out of work.”
Candidate and former councilman Richard Eckhardt said it’s difficult for him to know whether the lawsuit was right or wrong.
“I don’t have the total input, and I don’t like second–guessing,” he said.
Regardless, Eckhardt is hopeful the lawsuit won’t affect a possible re–use of the West Burlington shops building.
“I’d hate to think that the lawsuit would deprive us the use of that building on that,” he said.
BNSF presently is using the shops for storage.
“I’m not sure I would have (filed a lawsuit),” candidate Chuck Griffin, a former councilman, said. “My thinking is I’d rather have a positive foot being placed forward.”
Still Griffin said he could have been open to the idea.
“If Scott Power believes we have a case, then I’d probably support his decision — that’s if he felt we had a really strong case, one we can win,” he said. “But I think trying to tie the use of the riverfront to keeping the shops here … I’m not sure that’s a strong tie.”
Griffin said the railroad is “a very important part of who we are.”
“There’s a lot of industry that relies on that railroad coming through Burlington,” he said. “Having a major railroad line coming into your town is still an important thing. At some point could they (BNSF) relocate that? Yeah, probably. Why would they have to loop down through Burlington? Maybe they’ll stick it up through Davenport at some point.”
Griffin alluded to the possibility of dropping the suit.
“At some point you just have to say, ‘Let’s cut our losses and move forward and be positive about it,’ ” he continued. “I like to work in that venue as opposed to going after people a lot unless there’s a really strong case for it and it’s the right thing to do. But everything I know at this point, which isn’t a lot, I would say my gut reaction would be not to go after them and try to do something more on a positive note.”
Newcomer candidate Mark Collins believes the city “bit off a little more than it could chew” by filing the lawsuit.
“You’re talking railroad, you know,” he laughed. “I think we should have looked at that a little harder before jumping on that.”
The three incumbent candidates — Mayor Mike Edwards and council members Mary Baker and Chris King — were on the council when the lawsuit was filed.
“We had to try to do something to get their (BNSF’s) attention,” Edwards said. “Filing a lawsuit was about the only vehicle left at our disposal to utilize. We tried talking and met with them and (had) Gov. Vilsack here, and I believe they were well aware that the state of Iowa was willing to do anything within reason to try to keep that facility (West Burlington shops) open and operating. It was to no avail.”
Baker seemed regretful about the city filing the lawsuit.
“You know the railroad has deep pockets,” she said. “It’s like people used to say you can’t fight City Hall. It may have been a little impulsive.”
“I wouldn’t have been in favor of moving ahead with litigation if I had not thought it was necessary,” King said. “Is it unfortunate? Yes. It’s very unfortunate, but when you have a room packed full of people asking what we’re going to do about their jobs and the corporation worked for that lied to the heads of the state of Iowa … then you have a situation in question that could keep those jobs here, you ask a judge to figure who’s right and who’s wrong.”
BNSF union workers attended a council meeting before the lawsuit was filed and requested the city do something to stop BNSF’s plan to transfer jobs from the West Burlington shops.
King acknowledged that the lawsuit is about money, but added, “If those jobs were back in the city of Burlington, I would no longer be in favor of supporting the lawsuit.”