editorials

In their excellent three-part series, "Money vs. Safety at MnDOT," Star Tribune investigative reporters Paul McEnroe and Tony Kennedy provided chapter-and-verse details of a too-familiar story -- the underfunding of Minnesota's highways and bridges.

The series also told readers something they should have learned in early 2004: Despite the strenuous safety objections of some MnDOT air traffic experts, Lt. Gov./Commissioner Carol Molnau substantially eased restrictions on development near Minneapolis/St. Paul International Airport in April 2004.

What's more, the development interests that stood to profit from the policy change were represented by an attorney whose former clients include Gov. Tim Pawlenty -- and who was this month appointed by Pawlenty to the Minnesota Supreme Court. In addition, Molnau's move relied on the report of a consultant with close ties to the Metropolitan Airports Commission, whose zoning board includes representatives of cities that stand to gain financially from development near the airport.

Molnau's action and the safety debate surrounding it were very much the public's business. Yet the issue went largely undetected by the public at the time. Regrettably, few Minnesotans had a chance to join the debate on the decision before it was made.

There's no evidence that Molnau or MnDOT violated any public information disclosure laws in 2004. But the public's ability to follow the agency's decisionmaking was almost certainly clouded by a "don't talk" culture that has been in force at MnDOT and other state agencies during Pawlenty's tenure. Legislators complain of difficulty getting information, and Capitol reporters tell of agency sources drying up, in an environment in which state employees fear reprisal if they say too much.

Piercing through the MnDOT fog on behalf of Minnesota citizens is the Legislature's obligation. It's urgent but delicate work. The legislative overseers of this agency must foster more transparency, without fomenting more mistrust. Doubts about MnDOT management -- or about the motives of its critics -- should not become the latest reason for Minnesotans to resist the spending needed to upgrade aging infrastructure.

That's why the Legislature's examination of MnDOT practices must be as nonpartisan as possible. On Wednesday a joint legislative panel hired a Minneapolis law firm with DFL ties to investigate MnDOT actions related to the Interstate 35W bridge collapse. That won't inspire renewed confidence. Better that the Legislature rely on Minnesota's gold standard of nonpartisan investigation -- the Office of the Legislative Auditor. Thankfully, that office's investigation of MnDOT is in progress, and results are expected in early February.