Train-offs and a gag order

[Trogdor]

I have heard from several reliable sources that David Gunn is under a gag order by the Amtrak "Reform" Board after calling Bush's so-called plan "irresponsible."

These same sources are saying that the board has voted to post 180-day train-off notices for the long-distance trains shortly.

Stay tuned...

 

[Guest_Amtrak_flyer]

This whole situation just makes me mad, I cant beleive I voted for Bush in 2000. Trust me Amtrak is just one small part of it. The Republicans(most of them) are making such ignorant comments makes me think what other issues they are naive on. Not that Democrats are Saints, I just think Republicans are really abusing their power.

 

[SavetheCZ]

I too made the awful mistake of voting for dubya in 2000. And seeing the shenanigans of the GOP (called God's Only Party here in Utah) I changed my political affiliation last summer. In reality I had been voting for Dems since the local elections in 2001 but I never officially changed affiliations. I just kept hoping that the R's would become more moderate but just the opposite has been true. Once I realized in the mid-term 2002 elections that I didn't vote for 1 republican I knew that I needed to change as the R's just don't represent my values. So being a D in such a right wing wacko state like Utah is difficult but hell must freeze every once in a while because we do have 1 democrat congressman that has been elected 3 times now dispite gerrymandering to try and get him out.

....Anyway.... I'd be curious to know who placed the gag on Gunn? Do you anticipate the 180 day train-off to come 6 months prior to the end of the fiscal year in October? That would make the 180 day train off coming about mid to late April. Less than a month away.... :unsure:

I've mailed all 5 of my Reps 4 R's and 1 D.

The only one that has contacted me in return on this particular issue is Senator for Life Orrin Hatch the master of political double speak. Basically he said he will support keeping the trians running until a viable plan of reform is presented. Not that I can tell for sure but I think he doesn't want Amtrak to die... I should post his response letter here and see if you can tell wher he stands.

If he indeed supprts Amtrak I would be surprised because typically he's just a brown shirt goose stepper in lock step with dubya (except for the stem cell research stuff). Generally Hatch is just sells out the highest bidder anyway.

 

[AlanB]

Well if the source is correct, then the gag order would have come from the Amtrak Board, which of course means that Mineta ordered it since he sits on the board.

And since President Bush has failed to fill all of the vacant seats on the board, that makes it easier for Mineta to push the remaining members. What is interesting is the fact that last I’m not even sure if they have enough members to form a quorum, especially if Gunn doesn’t show up for the meeting.

Without a quorum, there are certain things that the board can’t do. One of those things I believe is to actually pass a budget. Not sure, be they may also not be able to order a train off with out a quorum.

Returning to the gag order, if the source is correct, then I wouldn’t be shocked that as soon as Gunn realizes that he’s going to loose that fight for sure, he’ll resign and then blow the whistle. They can’t gag him if he’s no longer working for them.

Finally if indeed the source is correct and I sure hope it’s not, then expect the 180 day notice to be issued come April, so that service can be discontinued with the start of the new fiscal year, which is October.

 

[Midland Valley]

It seems to me that we have an administration that is out of control, or in control if you want to use dictatorial terminology. When I asked Senator Roberts secretary why he voted against amtrak, she said he didn't vote against amtrak, he voted against higher taxes. Senator Burns of Montana who voted against Amtrak Wednesday, said he didn't vote against amtrak but against raising taxes to pay for amtrak and that anyone who said he was voting against amtrak was "Pandering", what ever that means. If Amtrak has been a part of the federal budget for most of its life, how can restoring funds taken from the budget by the President, be considered a tax increase. What school of either logic or idiotics are politicians required to attend to believe they are telling the truth when they make such statements, or do they just not care?

 

[Trogdor]

NARP is reporting that the train-off rumor is false.

However, the "gag order" remains true. I'm told that it was actually the result of board member Enrique Sosa, and that the gag order has been confirmed by Amtrak.

 

[Guest_amtrak_flyer]

Something interesting I've written Gunn twice over the last 3 years. Two weeks ago I wrote him saying stick up to the board and to the President, the majority of the citizens of the United States are behind you and thanked him for his good job.

Unilike the other other time he wrote me back being cheerful and optimistic, his letter I received on monday just said "thank you for your kind words".

My advice keep writing your Sentaors and Reps but also drop Gunn a couple words saying thanks. Talk about being in a hard position. Without him this fight would have already been over in 2002. We can still pull this off for future generations of Americans.

 

[PRR 60]

This is not a gag order. It is a requirement that the top employee of the Corporation follow the policies and directives of his bosses, the Board of Directors.

A CEO of any corporation is hired to enact the policies of the Board of Directors. Despite the fact that Amtrak only vaguely resembles a real business, David Gunn is no exception. He can certainly express to the Board his views. And he can try to influence Board directives. But, if those efforts fail, and his still disagrees with what he is being directed to do, he then has two choices. Remain a very well paid employee of Amtrak and do what he is told, or leave. It is really quite simple. What he cannot do is publicly criticize and ridicule his superiors. That is defined as insubordination and it is an offense that usually results in termination.

With his considerable ego (and despite reports to the contrary, David Gunn has a very healthy ego), I am sure he does not want to be fired from his last job. And that was a real possibility if he continued to publicly defy this Board. So expect him to quietly do his job of running the day-to-day Amtrak operation and look for his dignified return to retirement in Nova Scotia before the year is out.

 

[AmtrakWPK]

If I knew that the board was intent on killing the company, and I knew I was going to retirement regardless, I'd let 'em have it right between the eyes and try to muster public support against the board to get those carpetbaggers outta there. He's got plenty of rails, and I'm sure we could find enough tar and feathers. Just because W's board puppets act and sound like a bunch of manure salesmen with a mouthful of samples doesn't mean HE has to. His loyalty is supposed to be to the company and it's employees, and if that's not where the board's loyalty lies (and apparently it doesn't), then he owes no loyalty to the board. II don't see any reason why he has to follow orders to steer the ship into the iceberg. Even if it did mean he'd be tossed, what he would say THEN, and the eloquent fact of his being fired for supporting the company, would probably help Amtrak's position with the public and with those in Congress who are actually interested in what happens to this Nation.

 

[Amtrak OBS Employee]

I have heard from several reliable sources that David Gunn is under a gag order by the Amtrak "Reform" Board after calling Bush's so-called plan "irresponsible."
These same sources are saying that the board has voted to post 180-day train-off notices for the long-distance trains shortly.

Stay tuned...

Mr Gunn has voiced that opinion for quite some time now. That really is nothing new and couldn't agree with him more than I already do! As far as a "gag order" I don't quite understand it or really care. Mr Gunn has been honest with us as employees, and has not painted a picture of roses! He has quoted in our last employee newsletter "We will live or die on that one line in the appropriations bill --- and that keeps me awake at night." In other words this means our (the company) future will be up to our political leaders! If there is no money set aside for Amtrak, then on October 1st (or shortly therafter) Amtrak is out of operating capital! If no trains are to be running, then as Alan states in his post, 180-day notices must be posted by April 1st so the company can legally shut down Oct 1st (the 1st day of FY06)! Let's hope this is definitely not the case! I hope we are all wrong on this one, Alan! OBS......

 

[Trogdor]

If no trains are to be running, then as Alan states in his post, 180-day notices must be posted by April 1st so the company can legally shut down Oct 1st (the 1st day of FY06)! Let's hope this is definitely not the case! I hope we are all wrong on this one, Alan! OBS......

180 days before October 1 is actually April 4.

However, if the company is out of cash, they don't need any notice. They're bankrupt, insolvent, etc. Turn off the lights and don't let the door hit you on the way out.

That said, I believe the law states that a 180-day notice is not needed if the cut is for reason of a lack of appropriation.

 

[Trogdor]

Might as well post what the law says:

49 USC Sec. 24706
 TITLE 49 - TRANSPORTATION

 SUBTITLE V - RAIL PROGRAMS

 PART C - PASSENGER TRANSPORTATION

 CHAPTER 247 - AMTRAK ROUTE SYSTEM

 Sec. 24706. Discontinuance

 (a) Notice of Discontinuance. - (1) Except as provided in

 subsection (B) of this section, at least 180 days before a

 discontinuance under section 24704 or or [sic]

 discontinuing service over a route, Amtrak shall give notice of the

 discontinuance in the way Amtrak decides will give a State, a

 regional or local authority, or another person the opportunity to

 agree to share or assume the cost of any part of the train, route,

 or service to be discontinued.

 (2) Notice of the discontinuance under section 24704

 or paragraph (1) shall be posted in all stations served by the

 train to be discontinued at least 14 days before the

 discontinuance.

 (B) Discontinuance for Lack of Appropriations. - (1) Amtrak may

 discontinue service under section 24704 or subsection

 (a)(1) during -

 (A) the first month of a fiscal year if the authorization of

 appropriations and the appropriations for Amtrak are not enacted

 at least 90 days before the beginning of the fiscal year; and

 (B) the 30 days following enactment of an appropriation for

 Amtrak or a rescission of an appropriation.

 (2) Amtrak shall notify each affected State or regional or local

 transportation authority of a discontinuance under this subsection

 as soon as possible after Amtrak decides to discontinue the

 service.

 

[Amtrak OBS Employee]

180 days before October 1 is actually April 4.
However, if the company is out of cash, they don't need any notice. They're bankrupt, insolvent, etc. Turn off the lights and don't let the door hit you on the way out.

That said, I believe the law states that a 180-day notice is not needed if the cut is for reason of a lack of appropriation.

I stand corrected regarding the date of April 4th, 2005.

But I thought we were discussing 180-day notices for the "long distance trains only." The NEC supposedly is not at stake in my hypothesis (however its spelled)! So hypothetically speaking the company still exists and recieves funding, but it being only enough for the NEC! Possibly it won't be stated its funding for the NEC. Who knows?

I do believe a company can exist and go through backruptsy proceedings, and reorganize.

Anyway the wind blows, however, I am making my plans of "reoganization" should the inevitable occur! OBS....

And BTW thanks for the post regarding the law.

 

[AlanB]

I do believe a company can exist and go through backruptsy proceedings, and reorganize.

Yes, that's basically true. Not to be a doomsayer here however, but to reorganize from a bankruptcy proceeding, one must have a reasonable hope of making a profit. We all know that Amtrak isn't capable of that. And it's not that there are or aren't problems with Amtrak, no company could ever make a profit running the trains.

However returning to my point, if there is no hope of support from Congress, then no bank in the world will agree to refinance Amtrak's loans. Without such an agreement, a judge will have no choice but to sell off anything Amtrak owns to settle the debts of Amtrak.

Congress can’t stop that process either, because if they try, they’ll undermine the entire US economy and banking system. The only way that Congress could in effect stop the sell off, would be to find the money to pay off the loans. At that point they’d be left with remains of Amtrak, but no company to actually run the trains.

 

[AmtrakFan]

This is not true and I hope it will never happen. This was scary nearly gave me a Heartattack. Unrelated note Gunn is on Vacation.