Words From Justin M. Kolenc…

Sailor turned writer.

Archive for Mesa County

Best of Luck to Barack!

Even though we weren’t able to get tickets to see the first presidential candidate to campaign in Grand Junction, Colorado in some 40 years, we’re planning to show up at Cross Orchards today regardless. Actually, I’ve read that Bob Dole stopped in at our airport during his campaign in 1996, though he didn’t schedule an event like Obama’s and rumor is that he only stopped here because his father-in-law was born here.

Having grown up on the Western Slope I was worried that the valley was too conservative to provide a good turnout for Senator Obama—boy, oh boy, was I ever wrong! The line for tickets stretched around the block from the Obama headquarters at 844 Grand Avenue. It looked almost like the lines for the release of the latest Star Wars movies looked, replete with camping chairs and coolers full of refreshments, except that the patrons that were waiting for their tickets here weren’t dressed up like aliens or Jedi Knights.

Though I knew right away that I had arrived too late even to hope for a ticket, I was overtaken by a sort of giddiness to see so many supporters for the Democratic nominee right here in traditionally conservative GJ. My wife suggested that I stop the car and at least ask about tickets, even though it looked less than likely that any would be available. Sure enough they were all out, in fact they were out of yard signs and bumper stickers as well.

Luckily for me (and for the fellow manning the table) there was an independent entrepreneur selling pins, shirts, and stickers next door to the Obama headquarters building. I bought a bumper sticker for my vehicle so that I could proudly display  both my U.S. Navy decal and my Obama sticker. I am so sick of people assuming that just because I was in the military I am supposed to be a staunch and die-hard Republican voter. Nothing could be further from the truth.

As a Navy veteran I am here to tell you that the concept of a “weak” Democrat is not only a misconception, but a childish one at that. As a military man and a Democrat alike, I would proudly serve again under Obama and Biden, in fact I would be much happier to serve again for them than I ever would under a McCain Palin ticket. Franky, Palin scares me with her lack of working knowledge regarding foreign policy, and McCain seems only interested in staying the course.

The trouble is, even with the current deployment posture of our military, if something major were to happen like a conflict with Russia over the Georgia dilemma and/or the ensuing chaos (like two Russian, long-range bombers landing in Venezuela), we simply would not have the manpower or the resources to defend ourselves because most of our military presently sits in Iraq, Afghanistan, South Korea, and Germany. Under McCain’s leadership we would be further stretched to include occupation of Iran, North Korea, and Syria at the very least. If you can do simple math, you can see that this would leave very little here at home. Without instituting a draft, such a posture simply could not safely be maintained.

How are we supposed to be “strong at home” if we have nothing left here with which to defend ourselves? Is it “weak” to want to maintain the ability to defend our homeland rather than hemorrhage Trillions of dollars on the largest welfare program since the rebuilding of Germany after WWII—i.e. Iraq? The popular phraseology of the Republican party is, “fight them there so we don’t have to fight them here.” Except that if we continue to spread our forces around the globe, we’ll wind up fighting them here and there, which means that we will be able to do neither effectively.

Anyway, long story short: Obama! Obama! Obama! Obama!

JMK

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Palisade Peaches and Local Celebrity

Yesterday morning, taken up in a blaze of compulsion, Carolyn and I decided to have a family adventure. We resolved to take son and daughter to the annual Palisade Peach Festival. To my friend (you know who you are), it had absolutely, positively nothing to do with your constant barrage of hyper links that were pointing me to the PeachFest—okay, okay, maybe just a little.

Now, because this was an impulse decision, we made no plans and did no research regarding locations or times. We simply packed the kids up in the back of the car and pointed the battered Ford towards Palisade. When we arrived at the Palisade Community Center, the area was oddly empty of pretty much everything except for a handful of young kids skating on what looked like newly installed ramps and pipes. Of course, I’ve not been to Palisade in some time.

Despite the quiet and desolate nature of the park, a door to the building had been left open as a suggestion that someone might be lingering within, and so I decided to explore in search of the correct location for the festival. As I entered the building it became very obvious that it was mostly empty. Only one room had a light switched on, and inside were an array of tables and displays. Clearly, something was going to take place there and I had a hunch that it was probably peach related.

As I entered the room I realized that there was only one person there, a woman who was busy setting things out for display and checking the overall aesthetics of the room. I announced my presence with a friendly Hello! She stopped, turned, and returned the greeting. I queried her as to the time and location for the festival and she informed me that it was scheduled to open just down the road at the Riverbend Park, roughly one hour from what was then the present.

As she spoke, I realized that I was speaking with something of a local celebrity. At least, I think it was. I didn’t ask her if her name was Dixie Burmeister, but she looked like Dixie, and her voice sounded like Dixie’s. Dixie is known in Western Colorado, and perhaps in other areas of this region, for her appearances in City Market commercials. City Market is a regional grocery chain that I believe is owned by Kroger. Anyway, she does other things as well, and can be seen on any given week on a television set somewhere in the valley. I’ve even seen her do some cooking shows, though I don’t know whether it was syndicated or something that was produced for a special occasion, or what.

Anyway, after departing the building I pointed my Ford back towards Clifton, but only for as long as it would take to reach the Riverbend Park access road. On this leg of the trip I was bragging about my brush with fame, but my wife seemed none too impressed. I guess she has no appreciation for local celebrity. I suppose she’s probably not alone; it is for this reason that I pity our local sportscasters and weathermen.

When we arrived at the park it became obvious that the PeachFest had quite a following. I’ve been only once before, many years ago. This year it was much larger than I remember. We parked some distance from the entrance, which was only an issue because it meant that we had to push two strollers down a gravel road. If you’ve never attempted this, try it the next time that you feel you deserve some punishment. Despite our stroller pushing dilemma, Hunter was enthusiastic. He adeptly adjusted his cap to allow for maximum effect.

One thing that Carolyn and I both locked onto right away was the fact that there was a booth set up for pony rides. Already at age 2 our daughter Payton is a serious book hound, with a chest full of Dr. Seuss, Berenstain Bears, Muppet Babies, and other children’s books. One of her favorite series are her My Little Pony books. When she wants to read one of them, she announces with glee, “Pony!” So we knew for sure we had a way to entertain her.

Hunter maintained his cool pretty well considering that he was too small to enjoy any of the activity booths that littered the outskirts of the festival. We saw everything from bungee jumping on a trampoline—called Euro-Jump or something similarto rock climbing.

All in all we had a pretty good time. The festivities were cut short though when Payton, who had seemed so excited to go inside an inflatable maze and slide, became very frightened upon realizing that she had entered alone. Apparently the anxiety of being separated form Mom and Dad was just too much for her at that time. It was pretty warm out though, so to be fair she probably was getting a bit sleepy.

To recap, yesterday I met a celebrity, had the fortune of being there for my daughter’s first pony ride, and otherwise enjoyed the day with my beautiful family. Sometimes, it seems, things just go right. Yesterday’s family adventure was one of those events that just seemed to lift up everyone involved.

Take care, readers!

JMK

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Attention: Current and Former Employees of Foremost Response, Inc.

I have information about Foremost Response, Inc. and their business practices that you may be very interested in. They could very well owe you money, and not just a little bit. In fact, they could owe you a great deal of money. FRI has been sued by the United States Secretary of Labor, Elaine L. Chao, for failure to pay overtime and failure to withhold taxes for their employees—and they have lost.

NOTE: IF YOU WORK FOR OR HAVE WORKED FOR FOREMOST RESPONSE INCORPORATED AND THEY’VE TOLD YOU THAT YOU ARE A SUB-CONTRACTOR RATHER THAN AN EMPLOYEE, THEY ARE LYING TO YOU AND THEY ARE IN VIOLATION OF BOTH FEDERAL LAW AND A FEDERAL COURT DECISION SPECIFIC TO FRI!!!

Here are the official, U.S. District Court, District of Colorado documents relating to the case in question:

Complaint.

Complaint

Civil Cover Sheet

Civil Cover Sheet

Consent Injunction

Consent Injunction

Findings of Fact, Conclusions, and Recommendation

Findings of Fact, Conclusions, and Recommendation

You have rights, as evidenced by the recent finding of U.S. Magistrate Judge Gudrun J. Rice. Unfortunately for you and I (as I too am a former employee of FRI), Judge Rice has allowed JJ Sutton (the owner of FRI) to get away with some very interesting tactics relating to this case. These tactics include, but are not limited to:

  1. A concerted and planned effort to limit the number of potential plaintiffs by settling out of court before the DoL had procured a complete record of employees. FRI settled for $85,000, to be paid to a small group (4-5 former employees), despite the fact that, according to my source, FRI should owe nearly $1 Million in back pay and withholdings to many more of us.
  2. Zero effort was made towards identifying those employees who are owed money in the exact same fashion as those who were included in the lawsuit but were not included in the language of said lawsuit. None of the three parties involved—Foremost Response Inc., U.S. Department of Labor, and Judge Rice—made any attempt whatsoever to identify those of us who were also affected by FRI’s failure to adhere to the Fair Labor Standards Act with respect to our wages and hours but were not included in the DoL suit.
  3. Strong arm tactics employed by FRI lawyer Michael J. Grattan, III in the form of a flat out refusal to speak with any former employee about the case in question based upon his misinterpretation of the Fair Labor Standards Act. This passage came directly from an email from Mr. Grattan to me:

“…sections 216b of the Fair Labor Standards Act which states: ‘The right provided by this subsection to bring an action by or on behalf of any employee and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of a compliant by the Secretary of Labor in an action under section 17 in which (1) restraint is sought of any further delay in the payment of …unpaid overtime compensation.’”

But fear not! A member of the Denver office of the U.S. Department of Labor, Wage and Hour Division, has informed me that I (we) still have rights, and may sue independently of the DoL. I’ve checked into the prospect of doing so on my own and it seems that such an action would be cost prohibitive. However, as a group we may be able to change this.

If you are a current or former employee of FRI and feel that you might be owed unpaid overtime and federal tax withholdings, please do not hesitate to contact me! Please leave a comment below, with GOOD CONTACT INFORMATION. Also indicate whether or not you want your name to be kept private, in which case I will not approve the comment for publication but will instead save it for my own records regarding a possible second round of litigation against FRI on behalf of those of us who were so quizzically left out of the first round.

I personally live in Mesa County, but to be sure this issue will extend to all affected Western Colorado counties, including Garfield County, El Paso County, Pitkin County, Eagle County, Gunnison County, and so on to include any and all counties where FRI operates. Because I live in Mesa County it will obviously be easiest for me to speak with those of you who live here, but rest assured that I intend to do this right, so if travel is required I will certainly do it.

If you are a lawyer with experience in the area of labor/employment law and would like to either donate, or offer your services to myself and to anyone else who might fit into the same category and is also willing to be party to such litigation against FRI, please contact me! We need your help badly. The Denver area lawyers that I have spoken with seem completely uninterested in our case.

For peace of mind, please note that I am also beginning the process of filing criminal charges against Mr. Sutton and/or anyone who might have acted on his behalf during the trial mentioned above. By deciding to leave the rest of us off the list of employees owed, they have knowingly and willfully committed perjury, obstruction, and God only knows what else. We will win the day people! It just might take longer than it did for that first group of plaintiffs. Why they failed to include the rest of us in this lawsuit is beyond me, but I intend to make the point mute.

Finally, I am looking for any credible information regarding violation of law or common decency with respect to FRI and their clients. If you have any information that would be pertinent to a news article (factual and verifiable tips only) regarding illicit or illegal business practices and/or company policies on the part of Foremost Response, it would be very much welcomed. Of particular interest would be any tips regarding the infamous condo fire in Aspen and/or any information relating to the relationship between FRI and the Mesa County Sheriff’s Office in specific. Of course, information relating to hiring, training, firing, or wages would also be welcome.

Let’s make sure that Mr. Sutton, and his cohorts at FRI, do not get away with this. By failing to report us as former employees during a federal investigation or in the subsequent federal trial, they have not only willfully wronged us, but they have committed crimes that we can, and must, take action against. If justice still stands in this country, the law will be on our side.

Thank you for your time!

JMK

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When Milestones Pass

It’s an odd sort of thing when a major milestone in your life passes by so quietly that even you do not realize it has happened. When I graduated from high school back in 1998, two things were certain. The first was that I had no clue what in the hell I was going to do with my life. The second was that if I didn’t figure it out quickly, I knew I would be in danger of becoming a layabout who would rapidly descend into dementia.

Having grown up in a small, rural city in Western Colorado, I had always known that whatever I did it would have to take me out of my hometown. There just weren’t any opportunities for me here. Sure, if you counted flipping burgers at McDonald’s or working for minimum wage at the mall as opportunities, then I most definitely could have stayed here in Grand Junction. But I had always performed well on standardized tests like the Iowa Test of Basic Skills (ITBS) and I knew that I was capable of more.

While in high school I was very much against the military as an option for me. I had heard stories of the kinds of people one encounters in the military, and I wanted no part of it. Once upon a time there were programs in place that were designed to give convicted criminals one last chance before slamming the steel bars of a prison cell closed on them. One of those programs allowed would be inmates to serve their sentences in the military rather than in prison. Hooray!

Plus, the few people I had known in school that had gone the military route were mostly all assholes. It’s true, they were the idiot jocks who had tons of anger to release and zero brains to do it with. They were the kids that the Truancy Officers of our local police department knew by name. They were the kids I never hung out with, so why would I want to go fight battles with them, I thought?

But alas, rapidly declining relations with my family would change things abruptly. After a half-hearted suicide attempt, which left me locked up in our hospital for roughly a week for “evaluation,” I was looking for the fastest ride out of our valley. So it was that I headed over to the office building where all four of the main branches of our military handled their Western Colorado recruiting assignments. I didn’t even know which branch I was interested in.

I knew without a doubt that I didn’t want to be a Marine. It was well known even to a young civilian such as myself at the time that they were treated the worst of the four services and often were sent to be the first ones to die in a conflict. I was not anywhere near patriotic enough for that back in ‘98. The Air Force had always seemed elitist to me. You don’t generally hear stories about Airman So-and-so. It was the pilots who had all the glory with the Air Force, and to be a pilot you had to have a sheepskin.

I knew from school that the Army and the Navy were the two oldest branches of the American military. They had been around since, and indeed had played a vital role in, the very establishment of this land as an independent nation. I didn’t know a whole heck of a lot about the Navy and the image of the brainwashed Marine did not apply to the Army in my young man’s mind, so I decided that it would have to be either the Army or the Navy for me.

When I got to the army office, they were bubbling over with potential recruits. The poor bastards who sat two doors down in the Navy office had but a single recruit candidate hanging about, and he had been put to work. I knew right away that if I sat down in the Army office I would have to talk to other kids about why I was doing what I was doing, and I didn’t feel like being scrutinized for what I was hoping would simply be taken as a wise and patriotic move. So it was that I entered the Navy’s recruiting office for Western Colorado back in August of 1998.

On October 6th 1998 I boarded a plane and made my way to boot camp. It happened that fast. In boot camp I managed to stay out of trouble, mostly. I graduated with the same division that I was first assigned to, which at least seemed to be somewhat of a rarity in Great Lakes. Just before graduation from boot camp I contracted either Pneumonia or the worst case of Influenza that I have ever encountered in my life. I don’t’ know for sure what it was because I never went to have it checked out. Visits to medical could put a recruit on hold for weeks, or even months.

I completed my training school sick as hell as a result, but somehow I still managed to graduate #1 in my class. This afforded me early promotion to E-2 just before I flew to Hawaii to assume my duties aboard the USS Reuben James. I would be stationed aboard the James for 18 months, making two deployments to 11 countries located on three continents. Upon my promotion to E-4 I became an official member of the Naval intelligence community and departed the James for the Joint Intelligence Center, Pacific. Lucky for me, this was also in Hawaii.

While at JICPAC I watched 9/11 unfold live, not on our fancy government computers, but on Fox News. When that happened my intelligence career was put on hiatus. It just so happened that while awaiting my security clearance I had been sent through the Navy’s Security Region Hawaii Auxiliary Security Force Academy (read: Reserve Police Academy). Because the country was suddenly thrust into a state of war, there was an immediate need for warm bodies who could fill security checkpoint gaps. So it was that I began a five month side career as a military police officer.

When all of that died down I returned to JICPAC to complete my time in the Navy as a North Korea tactical analyst. When my time came to either reenlist or to discharge, I chose to try my luck back in the civilian world. This is a decision that I have pondered ever since. For reasons that would take far too long to go over here, I was growing wary of my Navy. The charm and mystique were wearing off, and I felt like I had been more often persecuted by my organization than applauded.

I had also heard stories of huge salaries that were being paid by civilian companies like Boeing, Northrop-Grumman, and SAIC to veterans. If the stories were true, I felt that a job similar to my duties in the Navy was waiting for me, along with fair compensation for my dedication and loyalty. So I took the plunge. I applied for a job in Washington D.C. with SAIC and they hired me at $45k per year. That was the closing chapter in the book of my Navy career.

I’ve written a book about my time in the service, the working title for which is Five Years in Hawaii. I’ve mentioned it many times before on this blog. The process of publication is a slow and arduous one. Progress is being made, but meanwhile another phase of my life is steadily moving forward. I’m not with SAIC anymore, in fact that barely lasted a month. I’ve since returned to my hometown in Western Colorado and become a family man with two amazing children! It’s funny how quickly time passes.

Two days ago I reached a major milestone in my life, and I didn’t even know it. On August 1st of 2008 the clock on my civilian life rolled past the five year mark. I’ve now been a civilian again for longer than I was in the Navy. This is sad and exciting all at once. I have to admit, a feeling of sad regret rose up in my belly when I finally realized that the milestone had passed. Back in my Navy days I was a career minded professional. Today I’m a grumpy guy with a spotty employment history and a giant chip on his shoulder.

Since walking away from my career in Naval Intelligence, I’ve had a plethora of jobs. I seem to have a real problem with keeping these jobs, however. Sometimes I get fed up with the people and simply cut loose. Other times I grow disillusioned with the entire concept of wage slavery, where I get to work for close to minimum wage so that the management and ownership of my employer can make big money, all the while being forced to call it my special, private piece of the “American Dream.” To me, that’s crap. I don’t mind starting out at the bottom, but there had better be room to grow or I’ll die off like a fragile and exotic plant.

Here’s the list, in the closest semblance of chronology that I can muster from memory, of my jobs post-Navy:

  • Intelligence Analyst; Science Applications International Corporation (SAIC), Washington D.C.
  • Navy Reservist; Fairfax, VA and Denver, CO
  • Customer Service; Lowes Home Improvement, Grand Junction, CO
  • Waiter and Bartender; Dos Hombres Restaurant, Grand Junction, CO
  • Student (full time); Mesa State College, Grand Junction, CO
  • Roustabout; Roustabout Specialties, Inc., Grand Junction, CO
  • Customer Service (phone center); StarTek, Inc., Grand Junction, CO
  • Security Officer; Foremost Response, Inc., Grand Junction, CO
  • Blogger and SEO Researcher; Allied Internet Inc., Denver, CO
  • Security Officer; Double Tree Hotel, Grand Junction, CO
  • Delivery Driver; American Rental Specialties, Grand Junction, CO
  • Electrician’s Apprentice; B & B Electric, Grand Junction, CO

I think that there were more actually, but I can’t recall specifically. The list is long enough though! After five years of being a committed and career minded sailor with the U.S. Navy, I entered the civilian world and began flopping around like a fish out of water. It’s odd really. I love my family and wouldn’t trade anything in the world for the experience of being father to my two wonderful children. But why can’t I seem to get my ducks in a row with respect to my career?

Anyway, the fact that I’m trying to publish a book about my five years in the Navy made the passing of this milestone seem all the more poignant to me. In theory I could write a second book about my five years as a civilian, except that nothing book-worthy has happened to me since I have left the military. I’m hoping very strongly that the publication of my book will lead to a committed career path for me, much like the Navy did. The world of writing is bigger than me, just as was the Navy back in 1998. I’m hoping that this sense of awe will keep me in check as I attempt to embark on the steadying of my life.

Thanks for your time, reader.

JMK

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A Word to Petitioners

This will be brief and unbiased, I promise! Coming out of our local super store this last weekend I saw something that at first brought a smile to my face, and then left a stink in my nostrils that could rival the ambient olfactory characteristics of a hundred year old landfill. Located immediately outside of the exits was a table with two or three volunteers who were seeking signatures for their petition “on education.”

Now, being that both of my parents are educators—my Stepfather was an elementary school principle for Mesa County Valley School District #51 here in Western Colorado and now teaches the occasional class at Mesa State College; my Mother was an elementary school teacher for the same district—I immediately took an interest in their cause. Sure I had things to do, but I always have time for a little politicking.

However, also as a result of having been raised by two professional educators, I know the tricky nature of education related legislature all too well. Often during election years you will see education referendums appear in pairs on the ballot. They are generally diametrically opposed to each other and often pit parents against teachers when it comes to their respective patrons. It can be an ostracizing sort of thing when your parents are among the minority who support a state-run administration whilst the majority of the local population are vehemently opposed to it.

Anyhow, these days my political opinions are much different than those of my parents. I don’t know if it should naturally be expected by parents for their children to wind up on the far end of the political scale from themselves by default or what, but if that is the case then I do not look forward to anything beyond middle school with my two children! Already their strong wills could pierce an iron-clad shield like a needle through latex, let the World be warned once they actually have profound thoughts to prop up with such will power. I hope that they never become my political enemies!

Moving on though. I decided rather quickly that if I were going to sign their petition I had better know as much about it as I could. I wouldn’t want to put my name on a document that might assist the wrong party in their pursuit of politically biased legislature, that’s for sure. What ensued was a conversation that even Alfred Hitchcock couldn’t have dreamed up. I asked the volunteer some questions and almost immediately she became verbally hostile towards me.

“I’m a Colorado voter. I have a question—who sponsors this petition?”

“It’s through legislature.”

“Wait. What?”

“It’s through legislature, for law.”

Well it’s not as if I thought you were going to pass a law through the public library, now is it? (This I thought to myself, though in retrospect I wish I had said it to her.)

“Okay, but which party?”

“Oh, I don’t know. Just sign it, it’s for education.”

“Well, both of my parents are educators, but I’d like to know more about it first. I might come back after I look into it. How long will you be here?”

“Just today. Look, you might as well just sign it then if your parents are teachers.”

“No, I need to do some research first.”

“Fine, whatever.”

And then she slammed herself back down into her folding lawn chair with a scowl on her face that could turn Medusa herself to stone. Had she really gotten mad at me because I wanted more information than that damn buzzword she kept throwing at me—education? Education of what, ducks? Come on people, you’re asking me to put pen to paper in hopes of creating binding law without my first having knowledge of what that law might mean? This is pure insanity! And if you’re peddling a petition on people while claiming not to know what party you represent in the process, you might as well just call it what it is: political trickery. Either that or a really bad attempt at performing a Jedi mind trick.

You will sign this petition. It doesn’t matter who sponsors the bill.

My point here is that if you are going to be out looking for signatures for a petition that you hope to create a law with you had better be able to tell people what they are signing. Getting angry and rude with people who actually care enough to ask those sorts of questions will only harm your cause. Trust me, I no longer care which party her petition came from because the dishonest nature with which she went about seeking my signature made me not want to be a part of it at all. Dishonest politicking is bad, but openly dishonest politicking is just plain unintelligent.

People! Please stop making a mockery of our Democratic system! It’s great to see people participating in the process, but not when they are trying to make fools out of the lesser informed voters of their communities. Please do not be part of anything that would welcome the disinformation or misinformation of the voting community, nor the refusal to inform them.

For those who sign petitions without knowing what they sign, be warned that the associated pitfalls are equally as disgusting as with the previously mentioned condition and would (should) bring a similitude of shame upon you as well.

Thank you. That is all.

=-)

JMK

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