DENVER (AP) - Supporters of failed legislation that would have given landowners more say about oil and gas drilling aren't giving up: some may back another bill while others are pursuing a public vote on the issue.
Reps. Wes McKinley, D-Walsh, and Josh Penry, R-Grand Junction, were among the members of a House committee who voted last week to kill the bill. Both said Tuesday that they're willing to work on a new measure.
"I know that there are more than a few Republican members who would like to see forward progress on that issue this year," Penry said.
McKinley said he plans an April 19 meeting where the different parties can hash out their differences.
Glenwood Springs lawyer Donald Kaufman, however, has written and is promoting a ballot proposal because he believes the pendulum has swung too far in favor of the industry.
"I'm all for developing clean petrochemicals. It just needs to be fair," said Kaufman, vice president of Alpine Intercontinental Petrochemcial Alliance LLC, a gas exploration and development company.
The issue centers on the so-called "split estate," when one person owns the land but someone else owns the minerals beneath it. Companies that own or lease the minerals have the legal right to "reasonable use" of the surface to extract the oil, gas or coal.
State regulators expect companies to try to reach agreements with landowners on location of equipment and roads and timing of operations. If there's an impasse, though, companies can post bonds and drill.
As gas drilling has soared to record levels in parts of the Rockies, conflicts between surface owners and companies are getting more attention. A bill by Rep. Kathleen Curry, D-Gunnison, would have required compensation for any property damage, to be determined by an appraiser and through arbitration if the parties couldn't agree.
The bill's supporters included the Colorado Association of Home Builders, the Colorado Farm Bureau, the Colorado Corn Growers and several environmental and community activists.
The Colorado Oil and Gas Association, a trade group, and several gas companies opposed the measure, saying it would have driven up costs and violated their property rights. They argued that state regulations protect landowners.
Penry and McKinley joined four other members of the House Agriculture, Livestock & Natural Resources Committee to kill the bill because of concerns about forcing landowners into costly arbitration and long delays for companies.
"There's a legitimate issue with surface owners and we need to figure out how to deal with it," Penry said.
But he feared that Curry's bill would have increased conflicts and lawsuits. Penry said he believes a bill can still be passed before the Legislature adjourns in May.
"If the General Assembly doesn't act, it's inevitable that there will be a ballot initiative, which is all the more reason for the Legislature to take the initiative," Penry said.
Kaufman said he expects opposition from the gas industry to scuttle any legislation. His one-sentence ballot proposal would require a company to pay "the fair value of actual damages caused to the surface estate owner for damage brought about in the development, pursuit, and extraction of the mineral estate."
About 50 people are launching a nonpartisan, grassroots campaign to collect up to 200,000 signatures to place the initiative on the ballot, Kaufman said. No groups have endorsed the proposal, but have expressed interest, he added.
"I think in the short term, economically, this is not in my best interest, but I believe in the long term it is," Kaufman said of the proposal. "I'm taking the long-term view."
Greg Schnacke, executive vice president of the Colorado Oil and Gas Association, said industry officials are willing to "sit down and talk to anybody" about new legislation. His group favors appointing an ombudsman to inform landowners of their rights under the law.
He said any proposal, including an initiative, that will increase costs and delays for producers will mean higher prices for consumers.
(Copyright 2004 by The Associated Press. All Rights Reserved.)
A little help from Dem friends
Dear Editor,
I would like to thank the Democratic candidates: Sam Robinson, Keith Lambert, Greg Jeung, Jay Fetcher, Kathleen Curry, John Salazar, Ken Salazar, John Edwards, and John Kerry for inciting the Garfield County Democratic Party to stand up and demand progressive change. Our distinguished candidates have run virtuous campaigns on the issues and their supporters have behaved honorably.
This is the most important election of our lifetime. Please vote! I humbly manifest appreciation and honor for Theresa Voda, Dana Barker, Leslie Robinson, Sherry Caloia, Abby Lockhead, Tim Kaufman, Julia, Greg Russi, Mike Sawyer, Annie Flynn and the thousands of county volunteers and contributors who have worked for over six months, every day, in the trenches, to bring positive change to our magnificent county, state and nation. These citizens believe so strongly in the need for change that they have made personal, financial, and very individual sacrifice for something larger than "self."
You, and your dignified friends and neighbors, who have given so much, are the true patriots. Please join us at 6 p.m., Tuesday, Nov. 2, at the Sacred Grounds Coffee Shop, 725 Grand Ave., Glenwood Springs, for our Election Day party to rejoice in a "Mission Accomplished." Thank you Garfield County!
Donald Kaufman
Glenwood Springs
Record numbers attend Democratic caucuses By Carrie Click
GLENWOOD SPRINGS — More people than ever before attended Garfield County’s Democrat precinct caucuses Tuesday night, according to Don Kaufman, Garfield County Democratic Party chair. “We had a record turnout,” said Kaufman. “We were blown away by the response.” About 50 people from Glenwood’s eight precincts — including a man from Great Britain, a couple of toddlers, and three Republicans who voiced their disapproval of the current Bush administration — gathered in Room 301 at the Garfield County Courthouse, spilling over into an adjoining room. “The precinct caucus is the most fun and enjoyable part of the political process,” said Kaufman, addressing the crowd at the beginning of the meeting. “Thank you for pulling together and being here tonight.” Among other agenda items, registered Democrats at the Glenwood meeting — and at caucus meetings in Carbondale, New Castle, Silt, Rifle and Parachute — voted for delegates and alternates to represent their precincts at the Democrats’ county assembly, to be held on Saturday, May 1, at Glenwood Springs High School. They also voted for candidates for U.S. president and Colorado’s U.S. senator. County-wide, delegates cast the most votes for John Kerry and Ken Salazar, respectively (see box).
Pitches made After Janette Kaufman read the state caucus rules aloud to the crowd, chair Don Kaufman, Janette’s son, introduced Bill Evans. Evans in turn made a pitch for John Salazar, one of four Democratic candidates running for the 3rd District congressional seat. “His character and depth of knowledge as a fifth generation Colorado farmer and legislator is why I’ve chosen to put all my energy behind John,” Evans said. Greg Jeung, a Glenwood Springs Democrat running for Garfield County Commissioner, also addressed the group. Jeung told the crowd the three main issues facing Garfield County that he’s focusing on are energy resource development, public transportation and creating more efficient communication and collaborations with the county’s municipalities and school districts.
A place for discussion Following opening remarks, neighbors gathered at eight long conference tables, each one representing a Glenwood neighborhood, or precinct. Precinct 7, which incorporates much of Glenwood’s downtown neighborhood, topped out with 22 people in attendance. Although most precincts had healthy attendance, two precincts drew just one person each. Scott Fleming of Precinct 5, near CMC’s Spring Valley campus, and Rosa O’Leary of Precinct 7, which encompasses the Park West, Glenwood Park and Park East neighborhoods, sat at a table together, working through their caucus paperwork and election processes. “I’m surprised I’m the only one who showed up,” said O’Leary, who said this was the first precinct caucus she has attended. “I wasn’t planning on learning about this process this way, but I wanted to be here to participate on the local level.” Precinct 6 finished up business first by choosing their delegates quickly and voting on presidential and senate candidates. The precinct, in south Glenwood Springs, encompasses a huge area of land, though only a small portion is actually inhabited by voting humans. “We’re the squirrel vote,” said the precinct’s Sharon Jensen with a laugh. Some precinct groups chose to discuss local and national issues, such as the county’s gas and oil development and the U.S. occupation of Iraq. “Precinct caucuses give people a chance to talk over these issues,” said Kaufman. “Whether or not they’ll be incorporated into the Garfield County Democrat’s platform is to be seen, but the caucuses are a good place for discussion.”
Democratic caucus preliminary vote counts Although results from Carbondale and Silt are not yet available, the following results outline how Democratic precinct caucus delegates voted Tuesday night, based on votes reported by precincts in Glenwood Springs, New Castle, Rifle and Parachute. These votes are not binding, though they gave party members an idea of how other Democrats in the county are leaning.
Garfield County delegate totals: For U.S. president: John Kerry 29 Dennis Kucinich 3 Howard Dean 2 For U.S. Senate: Ken Salazar 20 Mike Miles 13
Glenwood Springs: For U.S. president: John Kerry18 Dennis Kucinich 3 For U.S. Senate: Ken Salazar 10 Mike Miles 8 Uncommitted 3
New Castle: For U.S. president: John Kerry 6 For U.S. Senate: Ken Salazar 4 Mike Miles 2
Rifle: For U.S. president: John Kerry 5 Howard Dean 2 For U.S. Senate: Ken Salazar 5 Mike Miles 1
Parachute: For U.S. president: Uncommitted For U.S. Senate: Ken Salazar: 1 Mike Miles 2
OFFICIAL GARFIELD COUNTY POLITICAL PLATFORM • Improve the economy • Responsible growth • Quality education • Clean environment • Reproductive choice • Protect the Constitution • Responsible resource development • Safe, fast transportation • Protect social security • First-rate health care • Vote for Kerry
Undocumented immigrants are human beings, too
my side by Donald J. Kaufman, December 14, 2004, Glenwood Post Independent
Apart from what you understand about legal or llegal immigration, we are a nation of immigrants. Not one individual reading this article is anthropologically entirely sired of native stock. Lost in the immigration debate is the truth that both documented and undocumented immigrants are human beings.
Nancy Myer hired a human being who did not speak any English to work as a cleaning lady. This human being is a Hispanic woman and did not have papers. Myer allowed her to work with her companyâ Busy Bee Cleaningâ for a great deal of time. Next, Myer decided not to pay her undocumented worker. Even more offensive to any decent person's sense of right and wrong, Myer then threatened the undocumented worker that she would call immigration, have her arrested, and deported if she "caused any problems." Contrary to the nonsensical opinion drafted by Marty Lich, Myer is devoid of any legitimacy. She is a predator who illegally takes advantage by willfully dealing in the trade of human exploitation and illegal labor.
Myer knew it was unlawful to hire an immigrant knowing the immigrant is unauthorized to work in the United States. She hired this undocumented immigrant explicitly because she could take advantage of the low cost of labor. There are about 10 million undocumented immigrants in the United States (according to the latest U.S. Census figures). Immigrants come to the United States to seek work.
Everyone agrees that the system is foul and corrupt when employers who follow the law cannot compete with the employers who break the law. How can the law-abiding cleaning company struggle to compete with Myer? Employers who play by the rules cannot compete in countless industries because of the prevailing immigration law insanity and the illegal employers who exploit. Even greater than the market exploitation by a small number of corrupt employers, we face a human rights crisis on the scale of slavery in this nation.
According to the Mexican government, over 2,000 human beings have died crossing the border since 1994. Abraham Lincoln said, "The institution of slavery is founded upon both injustice and bad policy." (March 3, 1837) Slavery is an order where work is done under harsh conditions for little or no pay. It is the most extreme, coercive, abusive, and inhumane form of legalized inequality, where people are treated as property. Our government recognizes property. Ten million human beings in our nation are not property. The American immigration policy that allows the cancer of exploitation of human immigrant labor to continue is both injustice and bad policy.
How can we in good conscience allow to continue this terrible hypocrisy in the law that punishes law-abiding employers and terrorizes the weakest, most vulnerable members of our community? Our existing immigration train wreck is bad for our economy, dreadful to our workers and horrific for employers who follow the law.
The illegal employer, Myer, being afforded all due process of all of our nation's laws, has been ordered by our local county court to pay wages for services performed by the undocumented worker she hired. The illegal employer, Myer, is in violation of that order. Let us not forget we lost 618,000 Americans in our own Civil War, which forever addressed the morality of not paying workers. I pray we never forget the wisdom of Lincoln. May we be a civilization of virtue and forever reject the Myer/Lich missive of human exploitation.
Donald J. Kaufman is an attorney with Kaufman & Kaufman LLC in Glenwood Springs. He speaks Spanish and represents Spanish-speaking clients. He handled the undocumented immigrant case Nicolasa vs. Nancy Myer on a pro-bono basis where the court ordered an employer to pay an undocumented worker for work performed.
Judge orders business owner to pay back wages to undocumented worker
Ivy Vogel, Glenwood Post Independent, September 23, 2004
The owner of a Rifle cleaning company must pay a former employee nearly $4,000 for three months in back wages. Nancy Myer of Rifle, owner of Busy Bee Cleaning in Rifle, failed to appear in court Wednesday. Garfield County Judge Paul Metzger issued a bench warrant for Myer. A bench warrant gives officers the right to arrest Myer if they pull her over, but they will not go to her house for the arrest.
Myer was being sued by Nicolasa, a former employee, for failing to pay her for three months, or $3,874.60 in back wages. The Post Independent is withholding Nicolasa's last name to protect her identity.
All employees, including undocumented workers such as Nicolasa, are entitled to the wages they earn, but thousands of undocumented employees walk away from jobs they've worked at for months without receiving a dime.
In most cases, the undocumented employees will not take their employers to court for fear of being deported.
However, according to U.S. labor laws, undocumented persons have a right to get paid, and when they bring employers to court, their citizenship status is irrelevant, said Mike McArdle, director of labor for the Division of Labor and Employment.
Myer can be arrested if she does not show up in court at 1 p.m. Wednesday, Sept. 29. At that time, Myer must pay, or make a plan to pay, the $3,874.60 to Nicolasa, or Myer will be jailed.
Myer said she didn't show up for court because she didn't receive notice concerning the court date until Monday afternoon, two days before the court proceeding.
Myer must pay a $1,000 fine for not showing up in court as well as find a way to pay the $3,874.60, according to the court.
"She'll never get paid, so I'm not even worried about it," Myer said in a phone interview. "Nothing she says is true."
Myer didn't deny that Nicolasa worked for her but said Nicolasa lied on her time card, recording hours that she did not work, Myer said.
Myer and other companies that don't pay undocumented workers are known as predator employers, said Don Kaufman, the attorney representing Nicolasa.
"Predator employers choose the weakest link in the chain, chew them up and spit them out and then move on through the unlimited supply of undocumented employees," Kaufman said.
An undocumented citizen who files a complaint against an employer can go to court without fear of deportation because the court only looks at the case at hand, Kaufman said.
Myer recently declared bankruptcy but still has to pay the $3,874.60, Kaufman said. When defendants claim bankruptcy, the court requires them to submit a form stating their assets, Kaufman said.
Myer replied to the court by saying she doesn't own anything and does not have a bank account, Kaufman said.
"You see this all over the place," Kaufman said. "Finally they're realizing that they don't have to be afraid to go after employers and fight for their rights."
