Black Rock City: 100,000 or 50,000?

Are rangers really Brand Protectors? That is what is being alleged in discussions in the local community. Who should decide what is sexual assault, and what gets brushed off as “unwanted touching”? Cops? Black Rock Rangers? Ummm, here’s a thought: the victim?

BMorg wants to increase the population size to 100,000, which would bring them at least another $15 million per year. The larger population size is effectively a tax on the food and drink camps, not to mention a MOOP and abandoned bike nightmare. It is a boon for the airline and bus service, and will require even more vendors licensed to sell stuff on the Playa. The tiny Pershing County, where a quarter of the population are incarcerated, is already overloaded with the year-round burden of Burning Man. They think that a 50,000 population is more realistic.

Some of our previous coverage:

Pershing County Asks to Limit Black Rock City to 50,000

Sheriff asks Org to pony up more money and officers

Local sheriff overwhelmed by Burning Man arrests

BURNILEAKS: Sexual Assaults, Missing Kids and Violent Crime

Recent story from Reno Gazette-Journal Are Nevada’s Small Towns Ready For Burning Man To Hit 100,000 people?

Black Rock City’s Law Enforcement Liaison Roger Vind presented to Pershing County Commissioners yesterday. We are publishing his statements as well as our source’s notes on them. You can download the 2017 PCSO Post-Mission Synopsis here.


From DS:

I have attached a copy of the comments made by Roger Vind BRC’s Law Enforcement Liaison and presented to the Pershing County Commissioners yesterday.

2018 BRC letter 8-15-18

DS:

Below are my comments submitted to the LRM reporter. I expect an article in our local paper next week. I will forward a copy when available.

Please note the authorization for traffic stops on the Playa comes from BRC with the signed SRP. The 2013 Settlement Agreement specifies Integrated Command.

Prior to 2014 the BLM LEO agency(s) used the Federal Court and most of the drug citations were dismissed with a $500 traffic fee or so I believe. With the significant reduction  of fees paid to Pershing County due to the 2013 Settlement Agreement’s INTEGRATED COMMAND as insisted by BRC. Which has shifted to Pershing County the prosecution of crimes on the Playa. A consequence of Integrated Command.

I always marvel at BRC’s chutzpa  in trying to alter reality.


Here are my comments after reading the text of the statement for the record by R. Vind. I have sent by previous e-mail a copy of the BRR Manual and inserted some excerpts below.

I see the Rangers as BRAND PROTECTORs not Law Enforcement assets for either Black Rock City (BRC), the BLM or Sheriff though BRC tends to use them as though they are a Law Enforcement offset. Having read the Sheriff’s 2017 Post Mission Synopsis (PMS), the published text of the District Attorney’s EIS/SRP comments, I can find no validation of BRC’s complaints or their alternate reality unsupported by actual facts. I have included Unified Crime Report (UCR) graphs below.

 


Roger Vind (NHP Lt. ret.) BRC Law Enforcement Liaison

Emma Weisman Agency Relations Manager at Burning Man

 

In evaluations of the new SRP proposal. BLM is seeking input from interested publics and local and state agencies about the potential impacts (both positive and negative) on the resources of the Black Rock Desert environment, the social services necessary to support such a large event and economic impacts associated with the event.         Comments will be considered as part of the scoping process until August 4, 2018.

 My Itemized response to Burning Man’s concerns:

  • Pershing County has never produced the (Burning Man) Event
  • The BLM Burning Man EIS SRP public comment period was open to both the Public and Cooperators and not subject to the whims or revisions of the Multi-Million Dollar San Francisco based for profit corporation (BRC). BRC has done two Public Comment meetings in Pershing County and meets frequently with the BLM.
  • The statement “In fact there are 57 instances pertaining to Law Enforcement in the 2018 Black Rock Ranger Manual…” is unclear, confused, and needs clarification.
  • Additionally the following statement “the manual clearly supports law enforcement’s roles and our utilization of law enforcement involvement.” Is telling. (The manual is available online)
  • Unreported Sexual Assaults are a serious matter that BRC should finally address for the benefit of their participants/victims as our District Attorney suggests: “Anecdotal information from state and federal law enforcement officers suggests that the BRR encourages event participants to avoid reporting incidents to law enforcement in favor of resolving matters “in house” with the BRR’s assistance,” Shields states in the letter. “Such stories from law enforcement seem to be credible because the 2018 Black Rock Ranger (BRR) Manual contains instructions to BRRs to ‘filter’ what is reported to law enforcement.” (The “filtering” is done in part by the BRR chain of command as indicated by the manual.) And is clearly not contradicted by Sheriff Allen as R. Vind alleges.
  • R. Vind goes on to complain about the self inflicted wound from the Settlement Agreement’s Integrated Command BRC’s cost savings bonanza.
  • Then ignorantly refers to “The County also generates revenue from the convictions it secures…”
  • BRC authorizes the BLM to perform “traffic stops” in the closure area, has done so for years with their SRP.
  • BRC’s 2017 Afterburn report might be done December of 2018. It takes over a year before its available. BRC pays ONLY for an eight day event which means the Sheriff’s PMS is done at TAXPAYER expense.
  • Are the Commissioners still waiting to receive Emergency Plans previously requested?
  • Has there been ANY community involvement in Pershing County from BRC as requested by Commissioner Rackley last year?
  • This is the first year BLM/BRC has acknowledged the legal requirement for Vendor compliance with County Business Licenses.
  • Firearm(s) found in the vehicle of a BRC employee during the 2016 Coroner’s investigation. The others had been admitted to Black Rock City after the Contraband search by BRC in 2017.

 

The voters of Pershing County will hold the Sheriff accountable for the magnificent job he is doing despite the budget limitations imposed by BRC and their untrustworthy conduct, unreasonable, and outlandish demands.

BRC has a clear financial incentive to increase the “paid population” by 30,000 at the standard ticket price of $425 or $12.75 million.

Pershing County has acknowledged the actuality that 50,000 is a more viable population cap for our limited resources.


(excerpts) 2018 Black Rock Ranger Manual

Sexual harassment, as defined within the Ranger Department, may consist of, but is not limited to, any unwelcome touching, stalking, repeated requests for a date after someone has said “no,” continuing to engage in sexual discussion or banter after being asked to stop, or similar behavior. Harassment will not be tolerated, regardless of who engages in it.

What happens if I make a report?

Reports of harassment are very serious. The Ranger Personnel Manager will investigate reports of harassment and will take remedial measures when appropriate. If you have made a report and are one of the principal people involved, you will be notified of the findings when the investigation is complete.

Will my report be kept confidential?

Information about harassment reports will be kept confidential and only shared with Ranger Managers on a need-to-know basis to complete the investigation. The Rangers’ policy with regard to sexual harassment or violence in the workplace is one of zero tolerance. We strongly support and adhere to the Burning Man policy. Burning Man is founded on expectations set by the community standards inherent to it.

One such community standard is creating an environment that is free of sexual harassment and violence by volunteers, staff, or vendors. Any reported occurrences will be investigated and regarded with the utmost compassion and gravity. The investigation will follow the guidelines set by the Burning Man Board for conflict resolution. Violation of this policy may result in progressive discipline, up to and including: counseling, eviction, termination, or legal action. The full text of the Burning Man Project’s organization-wide conflict resolution protocol may be found here.

 

In approaching any situation, a Ranger’s initial default action is DO NOTHING. (The exceptions to this axiom are must-report situations [e.g., medical emergencies, lost child, etc.]). If, in the process of doing nothing, you decide that your presence would be helpful, engage by helping participants solve their own problems. If they are unable to do so, try to solve the problem for them. If the situation still needs attention, call Khaki.

Must-Reports—Situations that Must Be Called in Immediately Black Rock Rangers are entrusted with considerable flexibility in how they handle the situations they encounter in Black Rock City. Rangers are trained to rely on their own judgment and abilities, and to escalate matters (generally to Khaki who is part of the Shift Command Team) for assistance when appropriate. There are, however, situations in which the Ranger Department requires that Rangers report what they observe to the Shift Command Team immediately.

The requirement to report is in place to ensure that the Burning Man organization is aware of events that are critical to maintaining agreements we have in place with other departments and agencies, our internal reporting metrics, or legally required or advisable record keeping and reporting.

It is important to note that this policy only requires that a Ranger escalate required information to the Shift Command Team. The Shift Leads will then follow up with appropriate actions, which may be as simple as noting the event in the shift log, or may include further escalation. It is not the individual Dirt Ranger’s responsibility to contact LE or medical.

How to Report

All reports begin by calling Khaki on the radio.


Crime and Population Statistics

 

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