Sheriff Asks Org To Pony Up for More Money and Officers

The Pershing County Sheriff’s office have published their Post Mission Synopsis report for 2017. It’s reproduced at the end of this article, along with a couple of appendices – one which gives an idea of where incidents occurred, which some Burners may find interesting.

Pershing County Sheriff Jerry Allen. Image: News4Nevada

There was some coverage of this story at the Reno Gazette Journal “Tensions rise between Burning Man and law enforcement, again”, but it’s light on details. We’ve re-blogged a more detailed story from the Lovelock Review Miner in this post. Huge thanks to our source for sending this in.

Some Highlights

Sheriff Allen agrees with me and the USPTO that it’s a festival.

I think this is the first time I’ve seen the size of the annual drug haul, something I’m sure many Burners have been curious about:

grams ounces pounds
marijuana > 639 22.82 1.43
psilocybin > 818 29.21 1.83
Ketamine > 120 4.29
Methamphetamine 13.5
Cocaine > 231 8.25
MDMA > 334 11.93
doses
LSD > 217

It’s interesting to see the population changes.

This is the essence of the Sheriff’s problems with the festival:

He brings up a specific incident where Burning Man didn’t want a particular person to attend a meeting, so they went straight to the Director in Washington DC rather than raising their objections with the Sheriff’s office.

One wonders who this objectionable individual was. Dan Love? Gene Siedlitz? CIA? DEA? FBI? CDC? Humboldt General?

The Sheriff is highly suspicious of the population numbers provided by the Org.

Later in the report he mentions that the gate count may not include all the people arriving via the airline and Burner Express bus. The numbers are key because peak population above 69,999 brings them to a higher payment level, from $240,000 to $275,000.

Reading further, we have BMorg employees wielding weapons in a car chase…

And an RV full of coke and a loaded gun in early entry:

We have already covered the arrest statistics 2017 Crime Scorecard, here is the summary:

“We continue to have negative enforcement” – is this police speak for laws are broken everywhere?

We wish Sheriff Allen luck in his quest to squeeze more money from the $45 million annual event. His requests seem pretty reasonable – the cost of one junket regional festival visit for one BMorg staffer – and his office has to deal with the consequences of Burning Man all year round, not just for a week.

Re-blogged from the Lovelock Review Miner:


Sheriff submits Burning Man budget request

Debra Reid, News4Nevada

Wednesday, July 11, 2018 1:00 AM

Sheriff Jerry Allen submitted his law enforcement budget for next month’s Burning Man while challenging county leaders to “dispose of” the agreement that restricts the budget. Allen is concerned that public safety is at risk due to inadequate county law enforcement at the event.

The 2013 Settlement Agreement between Pershing County and festival organizer Black Rock City, LLC, limits the private group’s payments to the county for law enforcement, criminal prosecution and other services impacted by the massive festival. The agreement sets the reimbursements according to festival attendance and law enforcement command status.

Allen limited his spending as required in the 10-year agreement. His budget request is based on a less desirable but lower cost “integrated” command with the BLM and this year’s expected attendance by 70,000 to 79,999 ticket-holders. The number still doesn’t include the thousands of staff, volunteers and contractors on playa for weeks before and after the nine day event.

With the population and inflation factored in, BRC’s $275,000 base payment pencils out to a total of $299,201.92 that should be paid to the county, according to Allen. Of that, $252,462.88 will cover payroll for up to 24 law enforcement officers and jail personnel plus supplies and permanent infrastructure needed during the event including CAD (Computer-Aided Dispatch) interface, body cameras, trailers and a possible air conditioning unit for off-duty personnel.

That leaves $46,738.74 left over for the county courts and administrative services needed for the event according to Allen’s budget request. Members of the county commission are reviewing the proposal and may vote to either approve or reject it at their next meeting on July 18.

Sheriff Allen also handed out his Post Mission Synopsis on the 2017 Burning Man event. The report explains why, in his opinion, the 2013 Settlement Agreement between Pershing County and BRC shortchanges county taxpayers and event participants.

“The Burning Man Festival has, for several years, far exceeded the resources of not only Pershing County, but the Law Enforcement resources of Northern Nevada as a whole. The Pershing County Sheriff’s Office has had to ‘contract’ with several different Law Enforcement Officers within the State to provide some semblance of law enforcement expected by the participants. This endeavor is becoming increasingly difficult to perform as the population of BRC continues to increase and the payment to Pershing County remains relatively stagnant.”

In 2019, the BLM may issue a ten-year Special Recreation Permit allowing the Black Rock City population to reach 100,000 including ticket-holders, staff, volunteers and contractors. As the festival grows, Allen says a sheriff’s deputy dedicated year-round to the event will be needed.

“This Festival has increased in magnitude to the extent that Pershing County should hire a Deputy to provide for planning, logistics and execution of the plan for this Festival as well as provide for continued investigations,” he said. “The Pershing County Sheriff’s Office continues to receive calls for service long after the active portion of the Festival has concluded.”
Property and personal crime reports after the event, including minor thefts and sexual assault, must be investigated even though the evidence has vanished along with the event, Allen said.

CRIME STATS

Allen’s written report was delivered long after the deadline specified in the 2013 agreement.

“The Sheriff shall, within fourteen days after the Event, provide an After-Action Report. If the information for the AAR is not yet available at that time, then the Sheriff shall provide the information as soon as it becomes available,” states the settlement agreement.

Allen said he’s been busy with important PCSO matters, such as the vacancies for two sheriff’s deputies, but he did comply with BRC’s request for crime statistics on citations, arrests and the “actual expenses incurred in connection to the event” during the 2017 Burning Man event.

Allen’s report lists 57 arrests at the 2017 festival, an increase of 11 arrests from the 2016 event. Burners were arrested for FTA (failure to appear) warrants, sexual assault, domestic battery, possession of illegal controlled substances and trespassing.

There was a total of 125 misdemeanor citations for assault, battery, reckless driving with 121 of those citations for minor illegal drug possession “not amounting to sales or trafficking.”

Drugs seized by the PCSO at the 2017 festival included more than 639 grams of marijuana, 818 grams of psilocybin mushrooms, over 120 grams of ketamine, 13.5 grams of methamphetamine, more than 231 grams of cocaine, over 334 grams of MDMA and more than 217 doses of LSD.

POPULATION IN DOUBT

Allen says he’s skeptical of Black Rock City’s daily population reports issued electronically by Ticket Fly. The number of ticket-holders is restricted by the BLM’s Special Recreation Permit.

“I am highly suspicious of these population numbers as there is no independent verification or audit system in place to perform a quality control check,” Allen says. “From previous Festivals, it appears to the naked eye, as if BRC is well beyond the reported numbers, but at this time there is no way to verify this…There is no reason for BRC to report any number above 70,000 paid participants, due to possible consequences from both PCSO and the BLM.”

Allen said the peak population reported at one point in the 2017 event was above the permitted level of 79,000 and, as a result, Pershing County should be paid more money for the event.

“It is my recommendation that the Pershing County Board of Commissioners submit a bill to BRC for the additional $35,000 plus CPI (Consumer Price Index) for the additional monies as outlined in the 2013 Settlement Agreement,” Allen said in his synopsis.

 

GUN CONTROL

Firearms are not allowed inside the festival by BRC or BLM but, in 2017, a loaded rifle was discovered during set-up and four days before the gates opened, Allen said. The weapon was found in a motorhome where a large amount of cocaine was also discovered by BLM officers. The vehicle had supposedly been searched for weapons and drugs by BRC gate personnel.

“We were contacted by BLM to assist with a traffic stop,” Allen states. “While we were on scene, a rifle was also found with a round in the chamber. This vehicle was allowed into the Festival early as a part of an agreement between BRC and BLM to allow ‘early entry’ participants to assist in setting up the city’s many amenities and large art structures.”

For Allen, the incident indicates that more county law enforcement is needed before and after the event and BRC should hire professional gatekeepers to search for weapons and drugs.

“These types of incidents could also be remedied by requiring BRC to hire an independent company to provide for proper screening of persons and vehicles,” Allen states in his report.

In 2017, a brush fire south of Gerlach created a potential crisis when it forced temporary closure of Highway 447, the primary ground emergency access into and out of the Burning Man area.

“The closing of Hwy 447 shut off the main artery to get people off the playa in the event of an emergency or evacuation,” Allen says. “It also had the potential to significantly delay or stop necessary resources from reaching the playa in case of an emergency.”

Allen said a permanent mountaintop repeater is needed for communications between the PCSO in Lovelock and sheriff’s deputies on playa and, in case of a major emergency at the event, inter-agency radio communication needs improvement between PCSO, BLM, NHP and WCSO.

Funding is needed for “a minimum of 40 Deputies per shift” according to Allen. He also suggested that Pershing County and BRC “dispose of the 2013 Settlement Agreement” and work out a new agreement or adopt a cost-recovery system such as that used by the BLM.

BEHIND THE SCENES

In his synopsis, Allen revealed some of the sources of ongoing tension between the PCSO and BRC. Planning for the event requires numerous meetings throughout the year between various agencies including the PCSO, BLM, BRC, NHP and the Washoe County Sheriff’s Office. One meeting was cancelled after it started due to what BRC considered an unwelcome participant.

“Planning became very difficult however, when a scheduled meeting was cancelled at the last minute (after the meeting was to have started) by representatives of BRC due to one invitee BRC did not approve of,” Allen states. “This issue was taken by BRC to the BLM director level in Washington D.C. without first attempting to rectify this situation locally and reschedule the meeting. This action further strained the tenuous relationship between BRC and PCSO.”

Allen said local BLM and BRC officials with decision-making authority would expedite the planning process and planning meetings should take place in the county that hosts the event.

“I would offer a suggestion to have all Cooperators meetings in the Lovelock area, since Pershing County is the County in which this Festival actually takes place. This would allow for more participation from other Pershing County entities which are vital for this Festival to operate,” Allen says in his synopsis. “It would be nice to have BRC become accustomed to the area as well as the resources available within Pershing County.”


Here is Sheriff Jerry Allen’s report.

PCSO 2017 Burning Man PMS without Apendixs
Apendix B Cases PCSO 2017 PMS
Apendix D graphs PCSO 2017 PMS
Apendix D Drugs grams PCSO 2017 PMS

 

DPW vs The Org: Labor Relations Board Ruling

Towards the end of last year, we heard about a big case – one that dealt with issues that Burners who create Black Rock City have had for many years with the organization that collects the money and *ahem* saves it for future roadworks. Here’s a similarly themed protest from 2007:

It doesn’t seem like things have changed much in 11 years. BMorg’s attitude seems to always have been “DPW are volunteers, they can leave any time they want, they should be grateful we give them some food and money and social cachet”.

So what happened with this case?

The only media coverage I saw was in the Reno Gazette-Journal, first from 10-year volunteer Jessica Reeder:

In 2014, it all changed. The event was growing faster than the crew. The work got too hard, the days too long, and collectively, many of the crew realized we wanted to “gift” a little less of our sanity and health. A member of my crew started organizing for labor rights.

Burning Man, to its credit, improved working conditions somewhat. It started feeding laborers for the full season, for example, and instituted a transparent structure for those who do get paychecks. However, the company still “encourages volunteerism,”  asks workers to camp in the dirt for months — and last year, fired the crew member who was suggesting we unionize.

My coworker took his case to the National Labor Relations Board. In a settlement last month, Burning Man compensated him for lost wages, and notified the entire workforce of their right to fair treatment under the law. That’s not an admission of guilt, but it also doesn’t indicate innocence. My coworker was not the first to agitate for better working conditions; and whether it’s coincidental or not, the people who complained did not tend to keep their jobs.

It’s shocking to consider that Burning Man, a people-oriented nonprofit, would do anything other than invest in the health and happiness of its workforce. As a company whose strength is its people, I hope Burning Man will take the lead in treating its crew like a valuable resource, instead of continuing to expect them to “gift” their own lives and well-being.

[Source]

The story is not exactly critical of BMorg. Still, it was quickly followed up by another op-ed in the same paper by Joanne Fahnestock

I’m not sure where to begin in my response to Jessica Reeder’s column about Burning Man doing right by its volunteers (“Is 2018 the year Burning Man starts doing right by its workers?,” Jan. 14.)

The obvious first would be: What is the National Labor Relations Board doing getting involved with a volunteer? “Volunteer” says it all. You do not get paid and you can leave whenever you want. If someone wants to change that, it certainly should not occur while you’re accepting the position of volunteer worker.

I agree, the conditions at Burning Man are brutal — hot during the day, cold at night and windy and dusty all the time. You bring your own food, shelter and water. This is all made very clear at the start.

And if it was not clear to you when you signed up, it would be apparent as soon as you got there. You can leave at any time. There is no contract, no obligation. You stay or
you don’t.

One of the 10 principles of Burning Man is gifting time, energy, money, kindness. And it does not contemplate a return or an exchange for something of equal value. Clearly this is a misunderstood principle that neither the workers who filed the complaint, the ones trying to organize or the National Labor Relations Board comprehend.

I have been going to Burning Man for over 10 years and I gift my time. I do not expect anything in return. It is an experience I cannot begin to describe to anyone who has not been there. I expect nothing from the Burning Man Organization. I get so much more than they could possibly give me in dollars.

And when I choose to no longer go to Burning Man, I won’t go.

Doing the right thing is living by the 10 principles. Some are easier than others, but they are always voluntary.

[Source]

I wonder if this preachy person has any idea what it is like in the weeks and months leading up to Burning Man, building Black Rock City. Burning Man is hard enough with free pancakes and carcass washing, spare a thought for the people that are laboring long days in the sun and dust constructing things without any of that infrastructure being available to them.

There were no comments to either of these stories, although the case did draw some commentary from long-time Carson City critic Guy W Farmer. There were a few complaints about the obvious shill story on Reddit:

[Source]

There is some further discussion at this other r/BurningMan thread about the class divide between paid and unpaid workers and the rich tech bro clientele putting $12 million cash in the Org’s bank.

Jessica Reeder’s original story links to the National Labor Relations Board case information, which doesn’t shed much light:

Screenshot 2018-07-17 15.03.35

BMorg retained a notorious union-busting law firm to represent them against their worker.

I followed the instructions to obtain a copy through the FOIA system. Personal Identifying Information has been redacted by the government.

The plaintiff charges that they were dismissed for (1)discussing and (2)protesting their pay and working conditions.

In the settlement agreement, Burning Man did not acknowledge that they had violated the National Labor Relations Act, but paid the employee in full.

The key finding is that DPW have the right to unionize, and BMorg has been forced to inform all its (200) workers of that.

So there you have it. They will “not refuse to rehire” anyone who complains about working conditions. At least, that’s what they say. YMMV.

Here’s the full documentation:

NLRB-2018-000431_Responsive_Records_Redacted_FINAL

NLRB-2018-000431_Responsive_Records_Redacted_FINAL

RIP Larry Harvey 1948-2018

Larry Harvey passed away after a stroke on 4/28/2018.

Screenshot 2018-05-01 16.23.32

His good friend John Perry Barlow, born in the same year as him (1948), died earlier this year on the 22nd anniversary of his Declaration of Independence of Cyberspace.

According to the official account, Burning Man is in its 33rd year this year.

Rather than a eulogy, we’ve made a tribute to Larry – in his own words.

It’s an amazing thing that he and his collaborators created, that’s for sure. What will happen to the philosophy of Burning Man now, without its Chief Philosopher? Perhaps it will live on through the Ten Principles, but there was a philosophy of Burning Man long before those came out.

We support A Balanced Perspective’s suggestion that The Man this year wear a cowboy hat atop his robot head, in honor of his Creator.

Here’s some of the worldwide media coverage of Larry’s passing:

My Brother Larry: A Photo Essay by Stewart Harvey

Official Burning Man obituary by Stuart Mangrum

Reno Gazette-Journal

NPR

Variety

Hollywood Reporter

New York Times

Washington Post

Fortune

CNBC

CNN

Boing Boing

CNet

WIRED

Tech Crunch

The Guardian

The Independent

The Cut

 

 

 

 

 

 

2017 Crime Scorecard

Crime Statistics for previous years:

2016   2015   2014   2013   2012


Thanks to Anonymous Burner who sent this in on January 1st – not a day I am usually reading much email, so it slipped through the cracks. Thank you for the reminder, and thanks to One Who Wants To Know for asking if I’d run out of things to complain about – sometimes a bit of motivation helps, particularly in these dark days of Facebook shadow-banning.

Pershing County are not the biggest fans of Burning Man, as you will see from the Lovelock Review-Miner article below. A quarter of the county’s population are incarcerated in the correctional facility, including (until just recently) OJ “The Juice” Simpson.

Most of the time, Pershing County is a safe place with a low crime rate. But in August and September, their crime rate spikes to amongst the worst in the country. Burners make the whole County look bad. Burners might think “well they should be happy to have us, we are great for the economy” but this is only true for Washoe County, where Reno is.

We used to be able to read about arrests at Burning Man in the Reno Gazette-Journal, but ever since they appointed  Jenny Kane (of Chocotaco scoop fame) as their dedicated Burning Man beat reporter, stories like this seem to get hushed up.

Pershing County smashed through all previous records with a whopping 179 arrests in August and September 2017. Other than FOIA, there is no way to tell how many were for Burners, but based on the average for the remaining months of 4.9 we can safely assume it is 97%.

2017 pershing county unified crime report

What sort of things were Burners getting up to? 1 forcible rape, 2 larceny (theft), 6 arson…the rest drugs – selling them, or possessing hard drugs. The Sheriff says they have confiscated guns from within Black Rock City and are concerned that the event organizers are not able to prevent guns coming in.

2017 pershing county crime types

Looks pretty safe for stoners, you’re more likely to get a citation than an arrest. Be careful, though: even though marijuana is legal in Nevada, Burning Man takes place on Federal land – and we all know how much Attorney General Jeff “Smoke” Sessions loves weed.

The Cannabist: Can You Bring Weed To Burning Man?

Pershing County wants more money to cover the costs, which they incur longer than just for the period the gates are open. In a case of Allen vs Allen, BMorg says “$182,221 is enough” – ie, stick it where the sun don’t shine, Sheriff!

Burning Man’s spin-meisters made the argument that the legalization of weed would lead to reduced costs for the Pershing County’s Sheriffs Office. Looks like the cops responded with a record number of arrests – almost quadruple last year’s record setting 46, which was up 600% on the year before.

Once again, BMorg tries to pinch pennies from the LEOs, and the LEOs take it out on the Burners. A familiar pattern by now in this decade-long dispute.


From the Lovelock Review Monitor, story by Debra Reid (emphasis ours):

BLM requests public input on Burning Man

Thursday, December 28, 2017 1:00 AM

Pershing County residents and other concerned citizens are reminded that January 15, 2018 is the Bureau of Land Management’s deadline for public comment on the Burning Man festival.

The BLM must gather public input as it prepares an Environmental Impact Statement on the event. The EIS is required before the agency can issue another ten year Special Recreation Permit for the festival in the spring of 2019. The current SRP expires after the 2018 festival.

Black Rock City LLC, organizer of the event, is requesting that the new SRP allow expansions beyond the current maximum of 70,000 paid participants to a maximum population from 80,000 to 100,000 people on the playa, including ticket-holders, staff, contractors and volunteers.

To accommodate the larger crowd, BRC is also asking the BLM to expand the closure area. Some of the festival’s main attractions are the burning of massive structures, including a giant wooden effigy during the climax of the event. One Burning Man participant died at the 2017 event after he broke through multiple lines of security and leaped into the conflagration.

Nudity and drugs are not uncommon, making the event controversial in a conservative, rural county. Urban areas in Washoe and Lyon County benefit economically from the event while Pershing County supplies much of the law enforcement, incarceration and other services.

The 2013 Comprehensive Festival Ordinance Waiver, Law Enforcement and Settlement Agreement between BRC and Pershing County limits BRC’s costs for county services according to event attendance and integrated versus separate law enforcement command.

The ten-year agreement has become an ongoing source of contention between county law enforcement and festival officials. Even as the festival expands in 2019 and beyond, law enforcement payments to the county are restricted until the agreement expires in 2023.

Pershing County Sheriff Jerry Allen contends that the festival requires year-round attention and much more than eight days of county law enforcement services due to accidents and crime that occur during the weeks of set up, tear down and clean up before and after the event.

BRC officials respond that law enforcement activities outside the eight day festival are not included in the settlement agreement and are part of the normal costs of county government.

BRC has refused to pay an invoice for $39,959.20 submitted to the county by Sheriff Allen for county law enforcement costs due to activities before and after the 2016 Burning Man event. BRC General Counsel Raymond Allen argued that those expenses were covered in a total payment to the county of $243,964.92, per the settlement agreement.

“The decision to allocate $182,221.83 to the Sheriff out of the total amount that BRC paid to the County in 2016 was an exercise of the County’s sole and absolute discretion under Section 4.1 of the Agreement and was presumably based on what the Commissioners determined to be the cost of supplying ‘reasonable law enforcement services needed’ for the 2016 event,” Ray Allen stated in a letter to the county. “If the Sheriff’s Office disagreed with the Commission and decided to spend more than the amount that was allocated by the Commission, that decision had no effect whatsoever on BRC’s payment obligations under the Agreement.”

Sheriff Allen and other county law enforcement officials say they have confiscated guns inside the festival and question the ability of BRC’s gatekeepers to keep weapons out of the event.

Now that recreational marijuana is legal in Nevada, that should reduce citations issued at the event, Burning Man Political Affairs Manager Marnee Benson said in a letter to the county.

In 2016, 62 of the 152 PCSO citations issued in connection with the Burning Man event were for possession of less than an ounce of marijuana,” Benson stated in a February 1, 2017 letter.

“That is to say, 41 percent of Pershing’s citations were issued for conduct that is now legal in Nevada. We expect this will free up a significant amount of time and budget for PCSO in 2017.” [the arrest statistics for 2017 indicate otherwise – Ed.]

In his written comments on the event submitted to the BLM, Lovelock resident David Skelton said if Burning Man expands, it will be an increasing burden on Pershing County taxpayers.

As Burning Man provides no economic benefit to Pershing County, to the contrary, if Burning Man left Pershing County and went elsewhere, there would then be an economic benefit, due to cost reduction,” Skelton said. “There are multiple locations the event can be held on either public or private lands outside of Pershing County.”

Written comments on the Burning Man SRP should be emailed by Jan. 15, 2018 to blm_nv_burningmaneis@blm.gov or mailed to the following address:

Attention: Burning Man Event SRP EIS

BLM Winnemucca District Office, 5100 E. Winnemucca Blvd., Winnemucca, NV 89445.

“Nothing For Sale On The Playa”: 2017 Burning Man Vendor List

I had to file a FOIA request to get Burning Man’s vendor list, even though I spoke to the BLM’s Winnemucca office some time ago and they initially told me it would be no problem to provide it. Somehow that got intercepted, just like the arrest statistic information seems to have been. Maybe #Chocotacogate caused a distraction.

Perhaps it is time to stop the charade that Black Rock City is a world where nothing is for sale except ice and coffee. I count 84 different vendors, none of whom appear to be selling those products. In addition we have BMOrg ($40 million+), the Feds ($4 million), the State ($3.6 million), the Counties (hundreds of thousands)…and whatever black market activity might be going inside a Utopian pleasure city of 80,000 people…and about $100 million being added to the local economy from all the Burners hitting up the casinos, Wal-Marts, gas stations, CostCos and Whole Foods on the way.