THE SPIRIT OF GIVING andTHE CIRCLE OF LIFE

I want to give thanks for everyone's Help this year for the efforts contributed and time and money expended by us all to give back to the circle of life, in so many untold ways whether that meant reaching out to a brother or sister with a kind word, an offer of hope or a ride to work.

I want to Give Special Thanks and appreciation to a member of ours who is also a local union #455,St. Paul pipefitter member named Shawn Martinez ,whom has donated 500.00 dollars this year to The Native American Indian Labor Union # 12 and also holds the title of the first person who has donated any money of any kind to this Union of Native Indigenous People and their hope to become a Union for Change and betterment of all our people. Shawn has a long history of commitment to his life long learning and skill training within the Pipe Trades Industry and an expertise unparalleled for knowing how to work with all aspects, of some of the most demanding types of work within these building trades including pluralism. I have witnessed this skill while working with Shawn on many occasions and attest to this members level of Spiritual foundation and integrity.

May the Great Spirit instill in each of us the Greatness of the Gift of Giving during this holiday time and God Bless America!

MN DFL candidate Greg Paquin calls for affirmative action; demands seat for Native American Indians on Bemidji Regional Events Center advisory board

Link to article: http://www.bemidjipioneer.com/event/article/id/100013909

Published December 08 2009

BREC head visits with community

The Bemidji community was introduced Monday to the executive director of the Bemidji Regional Event Center.

By: Bethany Wesley, Bemidji Pioneer

Snippet from article--- full article follows:

Resident Greg Paquin addressed the council and asked that he be considered for the advisory board.

He would “work with issues of plurality and affirmative action in hiring and staffing,” Paquin said.

Paquin read a letter that he sent to the City Council asking for a spot on the BREC board.

“I also would like to be able to review the past performance of VenuWorks Inc. policies that I would hope reflect this community’s commitment to offering employment and business opportunities for development of prospects for such a large native Anishinabe regional workforce and poverty-stricken region of northwestern Minnesota,” he said.

Paquin filed a lawsuit Oct. 22 in Beltrami County District Court alleging the city of Bemidji didn’t follow affirmative action in hiring workers for the BREC. Named in the suit are the city, the state Department of Employment and Economic Development, which administers the state bonding grant used for construction, and Kraus-Anderson Construction Co., construction manager for the project.

Hellquist, who did not address Paquin’s request specifically, said he heard from city residents who wanted to have a citizen representative on the board.

He said it would be a good idea to include such a board member in the near future.

Full Article:

The Bemidji community was introduced Monday to the executive director of the Bemidji Regional Event Center.

The Bemidji City Council hosted a meet and greet with Bob LeBarron prior to the convening of its regular meeting.

The council later introduced LeBarron and invited him to speak during the portion of the meeting dedicated to BREC updates.

“I’m looking forward to working with everybody in town and everybody on the council to make sure (the BREC) is the type of facility and the type of venue that the community wants and has been asking for,” LeBarron said.

LeBarron was the unanimous choice for the BREC position of five finalists interviewed. He most recently was the associate director of the event center at San José State University, a position he had held since 2007.

LeBarron said he arrived in Bemidji one week ago.

“The community is a great community,” he said. “Everybody I’ve met so far has been enthusiastic about the project.”

LeBarron currently has an office at Bemidji City Hall.

The BREC now is fully enclosed, according to Gerry Domino, the senior project manager for Kraus-Anderson, who updated the council on BREC construction.

Ninety-nine percent of the building is now enclosed, he said.

“Right now, the big push is to get the roof finished up,” Domino said, explaining that the roof should be done within three weeks.

While the exterior of the building had been running behind schedule, Domino said, the interior work was running a few weeks ahead of schedule.

Getting the building enclosed, then, puts the project back on schedule, he noted.

“We’re in excellent shape in the interior of the building,” he said.

Inside, walls are now going up in the portion of the facility reserved for Bemidji State University. Also, crews are working to prepare the convention center for its under-floor heating system.

The council approved $192,416.47 worth of change orders for the building on a 6-1 vote; Councilor Barb Meuers was opposed.

The budget for the BREC had an initial contingency fund of $4.6 million. Now, there is about $2.5 million remaining.

Councilor Roger Hellquist asked Domino if there is enough of a contingency fund left to finish the BREC.

Domino, stating that about BREC is about 40-45 percent done, said there is enough money available.

City Manager John Chattin said about $1 million – perhaps a little more – will be used to purchase the scoreboard for the BREC and also an LED-lit sign along Paul Bunyan Drive.

Furniture, fixtures and equipment also need to be purchased for the BREC, but Chattin said FFE is a budgeted item.

“We really have to watch the change orders from here on out,” Chattin said.

Domino said Kraus-Anderson, Widseth Smith Nolting and Leo A Daly staff all are aware of the budget and are “watching the dollars.”

BREC board

The council, earlier in its meeting, approved three appointments to the BREC Advisory Board: Bill Maki, the vice president of finance and administration, to represent BSU; Gayle Quistgard, the VisitBemidji executive director, to represent VisitBemidji; and Ken Howe, the owner of Dunn Bros. and a member of the Bemidji Area Chamber of Commerce, to represent the Chamber.

Already appointed to the BREC board are Chattin, Finance Director Ron Eischens and Councilors Greg Negard and Kevin Waldhausen.

Resident Greg Paquin addressed the council and asked that he be considered for the advisory board.

He would “work with issues of plurality and affirmative action in hiring and staffing,” Paquin said.

Paquin read a letter that he sent to the City Council asking for a spot on the BREC board.

“I also would like to be able to review the past performance of VenuWorks Inc. policies that I would hope reflect this community’s commitment to offering employment and business opportunities for development of prospects for such a large native Anishinabe regional workforce and poverty-stricken region of northwestern Minnesota,” he said.

Paquin filed a lawsuit Oct. 22 in Beltrami County District Court alleging the city of Bemidji didn’t follow affirmative action in hiring workers for the BREC. Named in the suit are the city, the state Department of Employment and Economic Development, which administers the state bonding grant used for construction, and Kraus-Anderson Construction Co., construction manager for the project.

Hellquist, who did not address Paquin’s request specifically, said he heard from city residents who wanted to have a citizen representative on the board.

He said it would be a good idea to include such a board member in the near future.

TRUTH IN TAXATION HELD ACCOUNTABLE

I attended the meet and greet from 6-7pm this evening with Mr. Bob. Le Barrron General Manager of the Bemidji Regional Event Center in attendance prior to the truth in taxation meeting presented by the Bemidji City Council and met with other city administrators and had a lengthy discussion with Bob, starting off with giving him my business card and introducing myself and in suit with the City of Bemidji ,MN,DEED,and Kraus-Anderson construction co., over the lack of an Affirmative Action Policy implementation regarding the Bemidji Regional Event Center of which he made note mentioning Bemidji Pioneer Newspaper coverage, yet i let him know that i was there to introduce myself and bring my best wishes for him and this Event Center here in Bemidji.I commented on the historical relevance of a huge quilted blanket that hung from the front of the council chambers and had an early depiction of what life was like here in the early days, an1896 to1996 Commemoration with a picture of Chief Bemidji top center . I referred to my business card at the bottom where he could view my blog for the Native American Indian Labor Union 12 where in the last gathering we had listened to a story as told by Mr Frank Dickenson, an Elder of Red Lake Band of Ojibwe who told us of when he remembers all the old Anishinabe who lived all around this lake Bemidji and how they were eventually run off their own lands around the lake and where in these early days" Indians" were not even allowed to drive a motor vehicle in the city limits and had to park where the present day post office is. When one realizes the very reason for the location of the town of Bemidji ,was on account of the trade and the care the Native Peoples took to care and share with their new found White Brother, it is a sad commentary when this group of Native Peoples (Union) has not been allowed to share in the economic realities of this new society on the lake . I told him i was there to make sure his company Venue Works inc cared about this community's rich culture and made him aware i was at this meeting to ask for a spot on the task force looking for such issues as this to get some Real Native American Representation in regard to Hiring and Staffing and Implementation of Affirmative Action Plans.
When the agenda proceeded upon the Truth in Taxation presentation part of the evenings agenda the audience was given a chance to voice concerns ,and i went to the podium and asked after quite a lengthy number crunching session given by the Cities budget man i asked him the way the taxpayer and homeowner of this community is paying for the regional events center is through tax levy on goods and services(Commerce) that we in these hard times pay our share and that the Enbridge Pipeline is not paying any tax on their Commerce going right through the front yard of Bemidji's land tax base and represents Enbridges Commerce who should be taxed for every gallon of oil crossing our city which the mayor wasn't quite sure of that possibility if the city had not provided them much of anything as far goes as land use. I strongly urged them to Research this and made the point that this is Commerce in that pipe and should be taxed for every gallon rushing through our city. I noted their dismay at such a proposal but the council looked like a bunch of chickens in a chicken coop with their heads bobbing around and looking back and forth at each other ,pardon the pun please, I made sure and thanked them and sat down to waited for my chance to present my letter to request Native Anishinabe representation on the task force for the B.R.E.C.
.At a 2nd motion to accept the predetermined council reps who had been chosen at an earlier time, the mayor was interrupted by councilors who wanted to remind the mayor before he closed the option for hearing Native representation and Citizen representation in general on this task force ,Al Felix prompted the Mayor to halt the vote and allow myself Mr. Paquin to read my request to include Native American Anishinabe participation,which i respectfully as i could, read the letter as shown here.

12-07-2009

Gregory W. Paquin
1511 Roosevelt rd se
Bemidji Minnesota,56601




City of Bemidji
Bemidji City Council
317, 4^th St, NW
Bemidji ,Minnesota 56601



Mayor Richard Lehman
Members of City Council,


I am requesting to be considered for the advisory task force regarding the Bemidji Regional Event Center to work with issues of plurality and Affirmative Action in Hiring
and staffing .

I also would like to be able to review the past performance of Venue Works inc. policies
that I would hope reflect this communities commitment to offering employment and business opportunities for development of prospects for such a large Native Anishinabe
regional workforce and poverty stricken region of Northwestern Minnesota .
Please let us have representation besides what I have seen at the groundbreaking ceremony where a real Native Man and a real Drum Group prayed for much more than any future token representations of Real Affirmative Action Policies for the hiring and promotion of such a rich cultural resource that Native Peoples represent.


Gregory W. Paquin
Red Lake Member

Gregory W. Paquin

Candidate for Minnesota Senate
District: 4

1511 Roosevelt Road SE.
Bemidji, Minnesota , 56601
218-209-3157 h
651-503-9493 c
check out my blog: http://nativeamericanindianlaborunion12.blogspot.com/

WE MUST STAND AND DELIVER THE ISSUES

--- On Sat, 11/21/09, Steven Nelson <srnelson@paulbunyan.net> wrote:

From: Steven Nelson
Subject: 8th District Convention
To:
Date: Saturday, November 21, 2009, 5:56 PM

For those that have been asking. I can confirm that the 8th District convention will be May 1-2, at Grand Casino in Hinckley .

Mr. Nelson;

Please forward this letter to all those you sent your original letter to so everyone else understands my concerns.

I am writing for two reasons:

First, I would like to know when the Senate District 4 Nominating Convention will be held: time and place?

Allow me to express my concern that it should be held at a unionized facility; perhaps a public school.

Second, I want to register the strongest possible protest against the 8^th District Convention or any other Minnesota Democratic Farmer-Labor business being conducted at any casino in Minnesota as long as workers have no rights under state or federal labor legislation; further, I object to a non-union facility being used at all to conduct this or any other MNDFL business.

I am a member of the Pipefitters Union/AFL-CIO. I want to know if this use of a non-union facility for this Convention has been approved by any unions or labor bodies. If so, which ones?

I point out to you that there is any number of union facilities that could have been selected including a public school in the District.

Please inform me if U.S. Congressman James Oberstar is aware of this decision and if he approves?

Same question concerning U.S. Senators Amy Klobuchar and Al Franken.

Will Gubernatorial Candidates be making an appearance?

What other DFL candidates for public office will be in attendance?

I view very serious problems of racism at play and at work here in the MN DFL.

You personally have failed to apologize for your racist behavior directed towards me on FaceBook even though you were requested to do so. To me it says a great deal that anyone would even have to suggest you apologize for such racist conduct while conducting the business of the MN DFL. But, then, even when you were requested to make this apology you have refused.

I put this together with the failure of the Beltrami County MN DFL to join me in protesting the lack of enforcement of affirmative action in constructing the Bemidji Regional Event Center being done with public funds; the refusal to support Native American Indians for election to the Minnesota State Legislature yet you take campaign funding from our casinos while ignoring the surrounding poverty as workers are employed in unhealthy circumstances with out any rights without any objections being made by the DFL and now you complicate all of this by holding the 8^th District Convention at the Grand Casino, a non-union facility where Native American Indians are paid poverty wages and work in the smoke-filled place without any rights.

To me this is beginning to show a very clear pattern of racism which I am beginning to believe the Minnesota Democratic Farmer-Labor Party and the Minnesota AFL-CIO participate in as part of the overall problem of institutionalized racism in our community where a white man named John McCarthy lives in luxury working for the Minnesota Indian Gaming Association amassing great wealth simply because he has a talent for controlling and manipulating racist bigots such as yourself who are making all the decisions in a way that keeps Native American Indians in poverty by preventing us from gaining equal and fair access to employment and the political process through policies forcing Native American Indians to work in low-wage casinos without any rights in an atmosphere detrimental to our health while funds from the Indian Health Service are cut as money is pumped into stupid wars abroad where our people and others die instead of getting adequate health care, housing, education and living wage jobs.

On behalf of the Native American Indian Labor Union #12 I applied for membership in the Minnesota AFL-CIO and we have not had so much as a courtesy of a response, which when taken together with the lack of action by the Beltrami County DFL in support of affirmative action on the construction of the Bemidji Regional Event Center and now its staffing begins to show clearly how the Beltrami County DFL and the Minnesota AFL-CIO are part of the institutionalized racism rather than being proponents for equality of rights in the area of employment.

I want to further point out the fact that all of you were well aware that Native Americans were entitled to have their rights looked out for by the MN DFL and AFL-CIO not to mention the Tribal Governments because as early as November 29, 2006 an article appeared in the Bemidji Pioneer on the front page: Cultural Connection; American Indian input on regional events center discussed.

Chairman Floyd Jourdain of the Red Lake Nation together with the leaders of Leech Lake , White Earth and Bois Forte were all invited to attend but were “no shows.”

In this article, the Mayor of Bemidji is quoted as saying, “We are going to proceed cautiously” because it was the intent of the task force to be considerate of the Native American community.

The Beltrami County DFL and the MN AFL-CIO had a special responsibility to see to it that employment and affirmative action issues were looked after. This was obviously not done in the period leading to the construction phase two years later during which there was more than ample time to train Native Americans for at least 25% of the jobs. Now, at this late date, there are no plans in place for affirmative action in the hiring of workers and staff to operate and maintain the Bemidji Regional Event Center .

This is a deplorable racist situation and justice requires an immediate remedy.

I insist that the Beltrami County DFL and your partner, the Minnesota AFL-CIO joins with the Native American Indian Labor Union #12 in insisting that an affirmative action hiring and employment policy be adopted by the City of Bemidji that takes into consideration:

1. The Native American Indian population in the City of Bemidji and the four reservations cited above.

2. The disgraceful racist unemployment and poverty among Native American Indians in the area.

3. Compensation in hiring BREC staff in line with job opportunities lost because such an affirmative action policy should have been in place--- but was not--- and enforced back in 2006 so 25% of the construction jobs on the BREC could have gone to Native American Indians as equality in employment requires.

4. At least 60% of all BREC staffing for its operation should go to Native American Indians.

I would like an explanation as to how it can be that neither the Beltrami County DFL nor its partner, the Minnesota AFL-CIO, objected to such large public expenditures without an affirmative action policy in employment being devised and enforced.

I haven’t painted a pretty scenario here; but, it is the truth.

I am considering picketing the Minnesota Democratic Farmer-Labor Party’s 8^th Congressional District Convention at the Grand Casino unless plans are made to relocate to an alternative location staffed by unionized employees. I will be asking others who share my concerns to join me.

Gregory W. Paquin

COALITION Organized To Call for AFFirmative ACTion !!

November 30, 2009

Native American Indian Labor Union # 12
1511 Roosevelt Rd , Se.
Bemidji, Minnesota, 56601

City of Bemidji
317, 4^th St NW
Bemidji , Minnesota,56601

Mayor Richard Lehman


I am requesting a meeting with you regarding the Bemidji Regional Event Center Affirmative Action Policy regarding the hiring and staffing of the Center.
I have been contacted and have personally contacted other organizations desiring to know and understand the official viewpoint and actual Affirmative action policy of this City of Bemidji and the Event Center owned by the City of Bemidji and operated by Venue Works inc..

I have an agreement with The Native American Coalition For Peace and Justice headed by Mr. Frank Dickenson. We have also contacted The ACLU of Minnesota Bemidji chapter and have invited them to this meeting.

With an effort towards a Partnership with the City of Bemidji and other Entities involved in the AFFirmative Action Goals of State and County ,City Municipalities I sincerely offer a tool for bringing this community, a program of recovery for past racist transgressions responsible for unemployment and poverty while pursuing policies aimed at taking away what little Native American Indians have left after centuries of genocide; leaving us to live in abject poverty, all of which is part of the reason affirmative action, which you don’t seem to comprehend or understand, is required in the first place. We would like to see an amicable and friendly resolution to this problem where justice in employment prevails. There are a number of other alternatives available to us in our quest for justice should a discussion of this problem in a civil manner not be taken as requested. I notice the Food Shelf is right across from the City of Bemidji offices so you must be aware of poverty in our community which results from people not having jobs paying real living wages.

These past racist transgressions can be corrected with our Partnership.

Gregory Paquin

General Membership Meeting Resolutions

Meeting was called to order after a wonderful fry bread and blanket dog lunch was served and everyone enjoyed that.
Many issues facing our Union were discussed and resolutions are required to continue to bring home the issue that accountability to Affirmative Action laws requiring State , City , County , and Organized Labor to actually implement these plans of Action and not merely use these laws as a means to qualify them for the benefits of claiming to produce hiring and development of this Native American Workforce we have here in Minnesota.
To Date we have not received one call to become able to participate on any level with organized Labor even though we have officially given the AFL-CIO an application to become a member and have petitioned other organizations for assistance.
Regarding the Enbridge Pipeline , we resolved to proceed with a class action lawsuit regarding their stance on NOT utilizing our Union yet claiming their relationship with other Reservations TERO to comprise a AFFIRMATIVE Action Plan ,we will ask the Judge.
Regarding the B.R.E.C. Lawsuit filed OCT 21-2009 ,we will be filing more briefs and will be happy to clarify what AFFIRMATIVE ACTION should be all about as told by a group of Native Americans and NOT by INSTITUTIONAL RACIAL HIRING Practices by City County and State Organizations and ORGANIZED LABOR! Whom have even had the GALL to hold a State DFL Convention this May in Hinckley Minnesota,at Mille Lacs Band of Ojibwe GRAND CASINO, which we will be organizing a PROTEST to use a Non Union Site to hold a Union Convention while Ignoring the Labor Rights of THE NATIVE AMERICAN INDIAN LABOR UNION # 12 . ALSO IGNORING THE WORKER RIGHTS WITHIN THAT SAME ESTABLISHMENT!!!

State: BREC suit fails to show harm

What are the purposes of affirmative action policies and guidelines if affirmative action isn’t going to be enforced to alleviate the poverty of Native American Indians and our communities?

The Native American Indian Labor Union #12 finds it of interest that the Plaintiffs have failed to provide--- along with their pleadings--- their employment records designating race and sex of their employees and the unemployment and poverty statistics for the City of Bemidji, Minnesota.

Bemidji has a 25 % Native American Indian population. Are one-quarter of those employed constructing the BREC Native American Indians; if not, why not?

Three large nearby Indian Reservations where people are the victims of poverty resulting from a long-standing, well-established pattern of institutionalized racism in hiring practices that has systematically discriminated against Native American Indians for city, county and state and all other public and private employment.

Not one single Native American Indian is among those serving in the Minnesota State House or Senate which would provide an explanation as to how it could be that these well-educated government officials and private industry management personnel don’t comprehend or understand our concerns that there has been discrimination in the hiring practices concerning the publicly funded construction of the Bemidji Regional Event Center.

It is not by accident that Native American Indians were not given opportunities for employment constructing the BREC.

No considerations of affirmative action hiring policies and guidelines are being considered by these same racist public officials and racist management of VenueWorks, the outside management firm brought in to manage and operate the BREC once it is completed.

http://www.rlnn.com/2009All/ArtNov09/StateCityConstrCoBRECSuitFailsShowHarm.html

State, city, construction company: BREC suit fails to show harm

By Brad Swenson

Bemidji Pioneer

A lawsuit filed against the Bemidji Regional Event Center should be dismissed because it fails to show anyone was harmed by construction hiring practices.

Greg Pacquin, business manager for the Native American Labor Union No. 12 that he formed, filed the lawsuit Oct. 22 in Beltrami County District Court alleging the city of Bemidji didn’t follow affirmative action in hiring workers for the BREC.

Named in the suit are the city, the state Department of Employment and Economic Development which administers the state bonding grant used for construction, and Kraus-Anderson Construction Co., construction manager for the project.

While the city and Kraus-Anderson maintain the Native American Indian Labor Union No. 12 failed to show any individual who was harmed by hiring practices, the state — acting on behalf of DEED — is claiming immunity from lawsuits, saying Pacquin has no standing.

It also states that the state can’t be held liable for the alleged actions of others, namely the city and Kraus-Anderson.

“Defendant DEED is without knowledge or information sufficient to form a belief as to the truth of the allegations,” states the state’s response, written by Assistant Attorney General Kelly Kemp.

The state also denies that it violated any affirmation action laws as cited by Pacquin.

“The complaint fails to state a claim upon which relief can be granted against defendant DEED,” Kemp states, an argument echoed by the other two parties.

“Defendant DEED is entitled to qualified immunity, official immunity, statutory immunity, and/or discretionary immunity.” Kemp writes. “That this action is barred by (state law) which provides that the state and its employees are not liable for any loss caused by an act or omission of a state employee exercising due care in the execution of a valid or invalid statute or rule.”

Kemp asks for the case against the state to be dismissed with prejudice and that the state be awarded court costs.

The suit alleges that the defendants “acted with intent and forethought to engage in racist hiring practices as part of a clear pattern intending to maintain the well established institutionalized racism to deny and deprive native Americans construction employment in the construction of the Bemidji Regional Event Center ,” Paquin said in announcing the lawsuit filing.

BREC “is a public works program funded with taxpayer dollars and publicly backed bonds,” he said, adding that the defendants were “in complete and total disregard for affirmative action guidelines and legislation (that each) were individually and collectively aware of but chose to ignore.”

The city of Bemidji denies each and every allegation in the lawsuit, according to the response filed by James Thomson, attorney for the city from the law firm Kennedy & Graven, retained by the League of Minnesota Cities.

Thomson wrote the city is without knowledge or information to either admit or deny some of the allegations, “to the extent these paragraphs (of the complaint) allege wrongdoing by the city, the city denies plaintiff’s claim.”

The city also denies it violated any affirmative action laws as cited by Pacquin.

“The city denies that plaintiffs are entitled to relief, specifically denying any violation of affirmative action laws and all of plaintiff’s claims for punitive and compensatory damages,” Thomson wrote.

Also, “the complaint fails to state a claim upon which relief can be granted,” he added. “To the extent plaintiffs lack standing with respect to any claim, that claim should be dismissed.”

Pacquin, in his complaint, cites meetings he had with city and construction manager staff to inquire about affirmative action policies, and that the union had forwarded applications from seven of its members for hiring, but none had been hired as the lawsuit was filed. Those individuals are not named in the lawsuit, with the defendants alleging then that no harm has been proven.

Attorneys for Kraus-Anderson also deny all allegations in the complaint.

Kraus-Anderson says it met with Pacquin to discuss affirmative action requirements and that the company’s “representative contacted the city attorney for the city of Bemidji and was told that there were not affirmative action requirements for the project,” J. Scott Andresen of Bassford Remele, attorneys for the company, said in its response.

Kraus-Anderson admits it asked Pacquin to submit names of native American applicants looking for work “and indicated that he would send the list of names to the job site in case any of the contractors for the project were hiring,” Andresen wrote.

Once Kraus-Anderson forwarded the list of names, “Kraus-Anderson had no ability or obligation to require the city (or) any of its contractors to hire anyone from the list of names provided,” states the response.

Stating the construction manager has no knowledge or information of how contractors handled the list, Andresen also writes that the firm “denies that it had any legal obligation to hire a particular class of persons for this project.”

Kraus-Anderson “was only a construction manager for this project pursuant to the terms of an agreement with the city of Bemidji , and that it did not act as the general contractor and therefore did not enter into agreements with the various contractors who worked on the project,” Andresen writes.

Without citing individuals who were harmed, “plaintiffs have not suffered any damages as a result of the alleged conduct,” states the response. It urges the complaint be dismissed with prejudice, and court costs awarded to the company.

The agreement between the city and the state for $20 million in general obligation bonds for the BREC project doesn’t specifically cite affirmative action provisions. Instead, it includes a non-discrimination clause.

“The public entity agrees to not engage in discriminatory employment practices regarding the project, or operation or management of the real property and, if applicable, facility …” it states.

State: BREC Suit fails to show harm

What are the purposes of affirmative action policies and guidelines if affirmative action isn’t going to be enforced to alleviate the poverty of Native American Indians and our communities?

The Native American Indian Labor Union #12 finds it of interest that the Plaintiffs have failed to provide--- along with their pleadings--- their employment records designating race and sex of their employees and the unemployment and poverty statistics for the City of Bemidji, Minnesota.

Bemidji has a 25 % Native American Indian population. Are one-quarter of those employed constructing the BREC Native American Indians; if not, why not?

Three large nearby Indian Reservations where people are the victims of poverty resulting from a long-standing, well-established pattern of institutionalized racism in hiring practices that has
systematically discriminated against Native American Indians for city, county and state and all other public and private employment.

Not one single Native American Indian is among those serving in the Minnesota State House or Senate which would provide an explanation as to how it could be that these well-educated government officials and private industry management personnel don’t comprehend or understand our concerns that there has been discrimination in the hiring practices concerning the publicly funded construction of the Bemidji Regional Event Center.

It is not by accident that Native American Indians were not given opportunities for employment constructing the BREC.

No considerations of affirmative action hiring policies and guidelines are being considered by these same racist public officials and racist management of VenueWorks, the outside management firm brought in to manage and operate the BREC once it is completed.

http://www.bemidjipioneer.com/event/article/id/100013311/

Published November 15 2009

State, city, construction company: BREC suit fails to show harm

A lawsuit filed against the Bemidji Regional Event Center should be dismissed because it fails to show anyone was harmed by construction hiring practices.

By: Brad Swenson, Bemidji Pioneer

A lawsuit filed against the Bemidji Regional Event Center should be dismissed because it fails to show anyone was harmed by construction hiring practices.

Greg Pacquin, business manager for the Native American Labor Union No. 12 that he formed, filed the lawsuit Oct. 22 in Beltrami County District Court alleging the city of Bemidji didn’t follow affirmative action in hiring workers for the BREC.

Named in the suit are the city, the state Department of Employment and Economic Development which administers the state bonding grant used for construction, and Kraus-Anderson Construction Co., construction manager for the project.

While the city and Kraus-Anderson maintain the Native American Indian Labor Union No. 12 failed to show any individual who was harmed by hiring practices, the state — acting on behalf of DEED — is claiming immunity from lawsuits, saying Pacquin has no standing.

It also states that the state can’t be held liable for the alleged actions of others, namely the city and Kraus-Anderson.

“Defendant DEED is without knowledge or information sufficient to form a belief as to the truth of the allegations,” states the state’s response, written by Assistant Attorney General Kelly Kemp.

The state also denies that it violated any affirmation action laws as cited by Pacquin.

“The complaint fails to state a claim upon which relief can be granted against defendant DEED,” Kemp states, an argument echoed by the other two parties.

“Defendant DEED is entitled to qualified immunity, official immunity, statutory immunity, and/or discretionary immunity.” Kemp writes. “That this action is barred by (state law) which provides that the state and its employees are not liable for any loss caused by an act or omission of a state employee exercising due care in the execution of a valid or invalid statute or rule.”

Kemp asks for the case against the state to be dismissed with prejudice and that the state be awarded court costs.

The suit alleges that the defendants “acted with intent and forethought to engage in racist hiring practices as part of a clear pattern intending to maintain the well established institutionalized racism to deny and deprive native Americans construction employment in the construction of the Bemidji Regional Event Center,” Paquin said in announcing the lawsuit filing.

BREC “is a public works program funded with taxpayer dollars and publicly backed bonds,” he said, adding that the defendants were “in complete and total disregard for affirmative action guidelines and legislation (that each) were individually and collectively aware of but chose to ignore.”

The city of Bemidji denies each and every allegation in the lawsuit, according to the response filed by James Thomson, attorney for the city from the law firm Kennedy & Graven, retained by the League of Minnesota Cities.

Thomson wrote the city is without knowledge or information to either admit or deny some of the allegations, “to the extent these paragraphs (of the complaint) allege wrongdoing by the city, the city denies plaintiff’s claim.”

The city also denies it violated any affirmative action laws as cited by Pacquin.

“The city denies that plaintiffs are entitled to relief, specifically denying any violation of affirmative action laws and all of plaintiff’s claims for punitive and compensatory damages,” Thomson wrote.

Also, “the complaint fails to state a claim upon which relief can be granted,” he added. “To the extent plaintiffs lack standing with respect to any claim, that claim should be dismissed.”

Pacquin, in his complaint, cites meetings he had with city and construction manager staff to inquire about affirmative action policies, and that the union had forwarded applications from seven of its members for hiring, but none had been hired as the lawsuit was filed. Those individuals are not named in the lawsuit, with the defendants alleging then that no harm has been proven.

Attorneys for Kraus-Anderson also deny all allegations in the complaint.

Kraus-Anderson says it met with Pacquin to discuss affirmative action requirements and that the company’s “representative contacted the city attorney for the city of Bemidji and was told that there were not affirmative action requirements for the project,” J. Scott Andresen of Bassford Remele, attorneys for the company, said in its response.

Kraus-Anderson admits it asked Pacquin to submit names of native American applicants looking for work “and indicated that he would send the list of names to the job site in case any of the contractors for the project were hiring,” Andresen wrote.

Once Kraus-Anderson forwarded the list of names, “Kraus-Anderson had no ability or obligation to require the city (or) any of its contractors to hire anyone from the list of names provided,” states the response.

Stating the construction manager has no knowledge or information of how contractors handled the list, Andresen also writes that the firm “denies that it had any legal obligation to hire a particular class of persons for this project.”

Kraus-Anderson “was only a construction manager for this project pursuant to the terms of an agreement with the city of Bemidji, and that it did not act as the general contractor and therefore did not enter into agreements with the various contractors who worked on the project,” Andresen writes.

Without citing individuals who were harmed, “plaintiffs have not suffered any damages as a result of the alleged conduct,” states the response. It urges the complaint be dismissed with prejudice, and court costs awarded to the company.

The agreement between the city and the state for $20 million in general obligation bonds for the BREC project doesn’t specifically cite affirmative action provisions. Instead, it includes a non-discrimination clause.

“The public entity agrees to not engage in discriminatory employment practices regarding the project, or operation or management of the real property and, if applicable, facility …” it states.

bswenson@bemidjipioneer.com