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

Injustice Against Our Native People Continues To Be IGNORED

Dear Members

I would like to surmise some of the incidences that have brought me to making the decision to Not Stand By any longer and do nothing while watching our Native rights and dignity slowly erode not only on the Job site but also from the social degree that is evident from the economic development standpoint of Our People.
The interaction between the U.S. government and the State Government and of course as we all understand to one extent or another Our own tribal governments inability to define and act on rigorous action step decision making to reverse this quasi limbo state of affairs. This of course takes a deep understanding of all the factors that make up the entire cell structure of the problem that afflict Our Native Peoples across this entire Nation and specifically here in Minnesota.
This past January / 09 , I held The " We Shall Remain " conferences here in Bemidji and invited by press, radio and television the general public to discuss the issues that affect us all. The event kit i recieved from wgbh boston (the producers of the pbs series entitled " We Shall Remain ") described a need for community interaction and involvement from both Native and Non Native communities which i agreed with and decided to produce these conferences which were well attended at the BSU American Indian Resource Center. Interestingly to me was the level of participation by government officials from the three Reservations nearby ,Red Lake , Leech Lake , White Earth and State or Local Government Officials participation on a three consecutive friday venue date .
I still have yet been able to produce the tapes for general public viewing of the topics that were covered during these conferences by the attendees of this event,which will be forthcoming . Also these conferences proved to me the great need to go further into dialoguing on the subject matter of what actually constitutes the entire understanding of the social political landscape of Our Native American People here in Minnesota.
The Native American Indian Labor Union #12 was created to be a tool for Our Native Community to address the component of Labor within this State of Minnesota to collectively bargain for better working conditions and Representation within organized Labor and Lobby the Minnesota Legislature of which, does not have one sitting member of a Native Indigenous Tribe!
Last August /08, i was employed at the Rohr Malting Bio- Mass Project in Shakopee,Mn as a Pipefitter . This project upon learning of it ,caused me to gain hope that Native American Labor issues might gain a foothold due to the fact that the Shakopee Mdewakanton Sioux Tribe were half or better owners of this Power Generation Facility. A Native American Pipefitter Union Member was dispatched from the Union Hall to give the firm doing mechanical work a Native presence which in my opinion is a good start but certainly should not be a alternative to a rigorous AFFirmative Action Plan that an owner of "Mystic Lake" casino could command which did not materialize and even with discussions with the Chief himself could not receive any furtherance of the idea.
This is when i decided it is time to organize the effort and file for a tax-exempt corporate status called Red Lake Constructors Corporation . 8-19-2008. The Many components of the task require a tool for Labor Management which is the sponsoring agent for This Union N.A.I.L.U. #12. 4-8-2009.
Earlier this Spring i was dispatched to the Monticello Nuclear power generation facility in Monticello, Mn. and after sitting in a trailer for 6 weeks with all the other minorities and dont wants i came to the conclusion that conditions for the "protected class worker" have eroded to the point where all the druggies and drunks and offenders of safety violations receive special opportunity and garner for themselves the best hours ,promotions and security badging at a NUCLEAR facility, while we just simply were terminated from employment, when i could see easily a 1000 man workforce and a half a dozen minorities being tossed out the door summarily without even a explanation even after asking the Union representing me to look into the issue .
A very similiar issue presented itself to me nearby at Cohasset ,Mn. Minnesota power where again a 500 - 700 man workforce not including office personal had less than 10 persons of color or minority "Protected Class"workers . When are we going to face the facts Institutional Racism abounds?
Injustices Abound in the silence of not only Native Tribal Governments and those employed by them Like John Percell State of Minnesota, Representative district 4, who i informed very early on in this Bemidji Regional Event Centers need for this organization to know of the AFFIrmative Action Guidelines enacted into law regarding General Obligation Funding for projects from this Minnesota Legislature on Publicly Funded Projects. As i was telling him all this he kept reminding me of his employment for 25 years as a environmental analyst for the Leech lake Band. Mary Olson State Senator district 4 also as a member of The Minnesota Indian Affairs Council leadership and BREC funding authors and on a taskforce i believe to eradicate poverty in Minnesota by 2010 have remained silent on these issues and yet as we take them to court, i watch even the members of the political party i belong to (MN DFL) as a signed registered candidate, Senate district 4 remain even more silent on AFFirmative Action issues especially when the Enbridge Pipeline is in the frontyard.
The Minnesota Department of Employment and Economic Development, The City of Bemidji BREC, Kraus -Anderson Construction are named in this suit we file and they all have answered they know nothing and have done nothing very eloquently and it reminded me what Tecumseh meant by the Statement "We Shall Remain" as his rights were being violated by the White Man and his agency Indians.

Lawsuit alleges racism in BREC hiring

Published November 01 2009

Lawsuit alleges racism in BREC hiring

The city didn’t follow affirmative action laws in hiring workers for the Bemidji Regional Event Center, alleges a civil lawsuit filed a week ago in Beltrami County District Court.

By: Brad Swenson, Bemidji Pioneer

The city didn’t follow affirmative action laws in hiring workers for the Bemidji Regional Event Center, alleges a civil lawsuit filed a week ago in Beltrami County District Court.

Also named in the lawsuit are the state Department of Employment and Economic Development, which administers the state bonding grant for BREC construction, and Kraus-Anderson Construction Co., BREC construction manager.

Filing the lawsuit is Greg Paquin of Bemidji, business manager for the Native American Labor Union No. 12, and a declared Democratic candidate for Minnesota Senate 4.

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 Saturday in a statement.

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.”

“We feel it’s a frivolous lawsuit,” Bemidji City Manager John Chattin said Saturday. “We’ve just got a copy of the filing … which has been turned over to the League of Minnesota Cities. The League will be handling it.”

In the court complaint, Paquin said he requested from the city and construction manager copies of affirmative action guidelines but received none. He said Kraus Anderson requested that six American Indian names be submitted informally and that the company representative “would see what he could do.”

Seven names were submitted to BREC contractors and “to this date I have not heard from one contractor or entity involved in this BREC project,” the complaint states. “We have been denied participation, denying our civil rights to be employed on this state-funded project.”

City Attorney Al Felix confirmed that the lawsuit has been turned over to the League of Minnesota Cities, which assigned the Twin Cities law firm of Kennedy & Graven to defend the city.

Felix, in a telephone interview Saturday evening, said the lawsuit is vague “but seems to be aiming at affirmative action, saying that there’s somehow affirmative action quotas … or guidelines that somehow the city’s not following.”

He agrees with Chattin the lawsuit is frivolous “because we can’t obviously make out what he’s (Paquin) getting at or what he’s pointing to.”

While Paquin cites several state statutes, Felix said there is no affirmation action requirements for BREC construction, only that there not be discriminatory hiring practices. Only projects with federal monies usually have minority hiring written into the contract, he added.

“He throws the kitchen sink in at it in terms of citings,” said Felix. “But in terms of specifics, there aren’t any specifics. And there are not specific guidelines, if you will, or particular hiring quotas or percentages or anything like that as you might see … with a federal contract.”

Federal contracts may specify a certain percentage of minority businesses or women-owned businesses, “but we don’t have that requirement here,” Felix said. “We don’t have any federal money involved in the BREC project.”

As part of a larger issue, Paquin said that “at the center … is the blatant racist hiring practices of private employers and county, state and federal governmental units and agencies who often, as in the case of the Bemidji Regional Event Center, work together in collusion to maintain the pattern of institutionalized racism which is responsible for the high unemployment rate among native Americans on and off the Indian reservations which breeds extreme poverty with its associated deplorable living conditions of poor, substandard and inadequate housing; inadequate and underfunded public schools; drug, alcohol and sexual abuse; poor health and lack of adequate health care; child malnutrition and improper diets; inadequate transportation services.”

Paquin notes that “affirmative action guidelines are clearly articulated by state and federal guidelines, rules and statutes which local governments and private contractors are aware and mandated to follow and enforce …”

The city in constructing the BREC need only follow state law on discriminatory hiring practices, Felix maintains.

“We obviously have requirements not to discriminate and we have all that in our agreements,” Felix said. “We have complied with all the laws we have to comply with. … I don’t think there’s any merit to his claims, but I’m not defending the lawsuit.”

Attorneys representing the city and the state have been appointed, he added. “This will just have to play out.”

In his statement, Paquin said he is asking that half the jobs on the BREC, from management on down, be designated for American Indians.

The court complaint cites “the discovery of damages to the Native American Indian Labor Union No. 12 and those denied opportunity on this project in punitive and compensatory damages regarding the manner represented in DEED-funded projects that fail to meet the affirmative action guidelines, goals and objectives.”

The Native American Indian Labor Union No. 12, founded by Paquin, is not recognized by the AFL-CIO.

bswenson@bemidjipioneer.com

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