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Lone Tree Symphony's taking much, giving little - by Pete Vriesenga
Feb 5, 04:06 PMEvery summer, residents of Lone Tree, CO and neighboring communities enjoy a free concert by the Colorado Symphony Orchestra. These concerts are presented in Sweetwater Park by the City of Lone Tree, but this coming summer the Lone Tree Symphony Orchestra (a volunteer community orchestra) will replace the CSO. A CSO file photo still adorns the Lone Tree Summer Concerts website, but now accompanies a July 24 listing for the LTSO.
Of course the City of Lone Tree should support their local orchestra, and by all accounts they heavily support the administration. Past Minutes of the City of Lone Tree Arts Commission show that the LTSO was in line to receive $35,000 in city support for 2010, and $45,000 the previous year. All metro-Denver residents should take a bow for YOUR hefty support through the Scientific & Cultural Facilities District (SCFD). According to SCFD’s 2008 annual report, $76,856 was paid to the Lone Tree Arts Commission that year. The report also shows that LTSO received another $7,000 that year in direct support from SCFD.
Commission Minutes also reveal that “Each member of the LTSO pays annual dues of forty dollars” to play in the orchestra. The Lone Tree Arts Commission should net additional savings by removing costs for professional musicians, but this assumes that LTSO volunteer musicians are willing to take on the additional workload. According to Commission Minutes, the LTSO will be “working toward increasing visibility and the number of performances, while working with schools, various groups and boards and the general community.”
What protections are there for an LTSO volunteer who is injured on the job? Do Lone Tree residents recognize and accept new liabilities that now fall on them? I seriously doubt that City officials ever discussed such matters among themselves, let alone with their constituents.
The coup de grâce of public support is a new $17 million home for the LTSO, which would be the envy of any professional ensemble. Funding for the Lone Tree Cultural Arts Center was narrowly approved by voters in 2008 and is scheduled to open in 2011.
With all of these public funds that are exchanging hands, one would assume that Lone Tree officials and orchestra administrators have at least taken the time to read the conditions of funding that are mandated in SCFD’s Tier III grant application. Apparently they haven’t, because #22 (Assurances) of the Tier III Application states: “The applicant pledges that they will comply with the Fair Labor Standards Act“ Beyond the obligation to Minimum Wage, the FLSA cites clear prohibitions against replacing professional employees with unpaid workers.
Looking for answers, I contacted LTSO board president John Nemcik. John immediately took offense after realizing that I was speaking on behalf of the Musicians’ Union. John said he grew up in Pennsylvania, and proceeded to blame Unions for the loss of jobs in the region. I responded by asking what jobs he’s creating [or taking away] in context of the upcoming LTSO Season? I’m still waiting for his answer.
I asked John if he had any plans, now or in the foreseeable future, to compensate his musicians? His response was an immediate and resounding NO. I asked if he was aware of SCFD’s Fair Labor Standards/Minimum Wage requirements that LTSO must follow in the example of the July 24 concert. Needless to say, John had no understanding of the requirement, nor did he voice any change of mind.
LTSO is just one example of labor abuse that occurs in our community on a daily basis, and we all share responsibility for allowing this to happen. We must continue to pressure SCFD to enforce their own FLSA provision, but I have yet to see that happen and frankly don’t expect to. These self-serving examples of ignorance and abuse will only worsen until musicians and performing artists everywhere take a very simple stand:
Click your heels three times and tell yourself that you will no longer accept your pre-classified status as a “volunteer.” If that happens the LTSO will become a professional orchestra by 5:00 PM on Monday. Then, take a moment to reflect on the hard-won labor rights & protections that many generations before us have fought for.
Pete Vriesenga is president of the Denver Musicians Association
Contact: pvriesenga@dmamusic.org or (303) 573-1717
Comment
Commenting is closed for this article.
Pete,
Thanks for the article, you make many valid points and it’s pretty much right on point. It would be one thing if the city of Lone Tree compensated their musicians and I have other words I would like to say to John Nemcik but I don’t think they would be appropriate for this forum.
Justin
— Justin Bartels · Feb 5, 04:52 PM · #
Here is where the situation now stands; Pete has insulted or annoyed the precise individuals who will determine the new Lone Tree Cultural Arts Center’s relationship with the DMA, and he has helped to hurt the CSO’s relationship with the City of Lone Tree. The City is extremely supportive of the arts and has helped to employ many professional musicians over the years. The Lone Tree Symphony has always paid its professionals well over scale, and has hired many members of the CSO to be guest soloists with the orchestra.
— Art Bouton · Feb 7, 09:40 AM · #
Gentlemen,
As a relative new member, could I ask for some clarifications? If Pete’s figures are correct, this organization has received over $100,000. of public funding. Is it true that they are not meeting the conditions to receive those funds? If not, why does the SCFD keep giving money to this organization? As a followup, how and why would enforcing these rules/laws jeopardize professional musicians from working in the new LTC venue? Who would play and perform there if not professional perfomers?
— Noriko (Nikki) Tsuchiya · Feb 7, 02:53 PM · #
Thank you all for continuing this discussion.
The Fair Labor Standards Act provides a fascinating study for anyone looking to understand the how and why behind these arguments. FLSA is exceptionally accommodating (min. wage is only $7.24 /hr) and offers flexible options such as “white collar” and “student” exemptions, and even limited exemptions for “volunteers.” But there are many layers of interrelated arguments and case studies to consider. The LTSO finds itself in needless conflict that would never have happened in the first place had those in positions of authority only taken necessary time to understand these relationships. I find that very few arts administrators, including former SCFD chairs and board members, even know what the FLSA is.
As previously stated, the City of Lone Tree should support and embrace their orchestra. If the LTSO operated solely through private contributions and ticket sales, they could then do as they please with no FLSA or wage obligation. But of course they do apply for public funding, so LTSO has no choice but to accept the obligations that go with it.
Similarly, if Lone Tree residents elect to build a new home for the LTSO with their own funds, they can and should write the operational policies. Management is obligated only to the intent of the referendum as it was pitched to the voters. Keep in mind that these projects are typically sold to the voters on the premise of job creation, quality, economic impact, etc. I doubt that Lone Tree residents were told that LTSO will not pay their musicians now or in the foreseeable future, as I was.
If the City of Lone Tree is as supportive of the arts as Art Bouton claims, the obvious choice is for LTSO to then pay their musicians in accordance with FLSA. This would be easily done with the substantial public support that the orchestra already receives, and will become a powerful PR opportunity for LTSO to boast job creation in the days ahead. Funding sources will only expand as the orchestra builds in both quality and prominence.
The alternative scenario is for LTSO to comply with the law and cease applying for public funds they don’t qualify for.
— Pete Vriesenga · Feb 7, 09:22 PM · #
Dear Mr. Vriesenga,
Your article unfairly presents a very negative image of a fine community orchestra and contains numerous incorrect items of information. As the leader of an organization like the DMA comprised of so many tremendous musicians, it is unfortunate that you have taken such a course. As the President and primary contact person for the Lone Tree Symphony Orchestra, I feel it is important to present information refuting the false information in your article that is consistent with the public record and not just my opinion. Put aside emotion and let the intelligent mind prevail.
First of all, the LTSO did not pursue the performance opportunity that was previously handled by the CSO, so we did not “replace” the CSO as you allege. The City of Lone Tree requested the LTSO to perform in this community funded concert. The City has the right to select whomever it desires, and we are honored to be afforded with such an opportunity. We in no way consider our orchestra equivalent to the CSO as you absurdly imply.
Secondly, your article implies the LTSO received over $100,000, which is grossly incorrect (see response by Nikki). The public record will show that the LTSO received an SCFD grant in the amount of $6,500 in 2009 along with additional financial support from the City in the amount of $35,000 for a total grant amount of $41,500. This amount is far below your implied amount of $100,000 and hardly compares to the $840,000 the CSO received from the SCFD this year. Unlike your feelings toward the LTSO, however, we do not begrudge the funds given to the CSO and feel it deserves every penny received. Bravo-CSO!
We are very disturbed that you have personally contacted the director of the SCFD and maliciously conveyed false information to the SCFD about the LTSO. We were heartened to learn that the SCFD management set you straight concerning the facts about the application of the Fair Labor Standards act and grants received by the SCFD. It is even more disconcerting that you ignored what you were told by the SCFD and chose to write your insulting article and present false information.
Your title says the LTSO gives little. This is a mean-spirited falsehood. The LTSO donated the entire gate donations from one of four annual concerts last year to the Douglas-Elbert Food Bank, we supported the City with our time and talent in its effort to develop the new Cultural Arts Center, we provided a $2,000 scholarship to a talented senior in our Young Artist Competition, and provided excellent quality concerts to the community while asking for a voluntary donation of only $5 per person. The LTSO gives a great deal back to the community.
Your opinion of the application of the Fair Labor Standards Act to non-profit organizations is totally inconsistent with the actual provisions of this law. Any moderately intelligent person can learn about the provisions of this act by reviewing information on the US Department of Labor website: http://www.dol.gov/whd/regs/compliance/hrg.htm#2. The FLSA applies to situations where:
1. There is an employer-employee relationship.
2. Public, private and non-profit employers with annual revenues of over $500,000 or that are involved in interstate commerce.
Neither of these conditions applies to the LTSO. The LTSO complies with all laws, and our management doesn’t spread inaccurate and detrimental information to harm other organizations.
We do pay our supplementary musicians rates commensurate with the DMA scale, not because we are required, but because we support and respect the professional musician community in the Denver area.
Finally, Mr. Vriesenga, your aggressive attack on our fine community orchestra does no-one any good, especially not the members of the DMA. Instead of sarcastically criticizing the City of Lone Tree for building a wonderful new performing arts center, why don’t you look for ways to support the project that will ultimately provide many lucrative employment opportunities for your members. Your unpleasant and aggressive demeanor has likely alienated the City against you and your members and has probably negatively impacted employment opportunities for your members. Instead of attacking community orchestras, why don’t you explore ways the professional musicians can complement the amateur musician community in a manner mutually beneficial to all of us. Instead of falsely brandishing claims of violations of the Fair Labor Standards Act, why don’t you take the time to get your facts straight.
John Nemcik
LTSO President
— John Nemcik, LTSO President · Feb 10, 03:12 PM · #
Mr. Nemcik and Mr. Bouton,
Regardless of what our disagreements are, the tone of exchanges with both of you is unprofessional at best. Making personal attacks on President Vriesenga and threats toward Mr. Vriesenga and the DMA Board are not helping this discussion. To the best of my knowledge Mr. Vriesenga has not been making personal attacks on either one of you. I see no evidence of that in writing.
I respectfully suggest we have a more mature debate about the issue at hand with out all of the personal attacks.
By the way, President Vriesenga does not act alone. His actions are reviewed and discussed by the DMA Board, which approves of the arguments presented. And at the risk of being on the receiving end of your unprofessional behavior in this debate, I point out that I, Vice President Thomas A. Blomster, am co-editor of the DMA Members E-Bulletin and the DMA Website news, and I posted President Vriesenga’s article on the Lone Tree Symphony.
Sincerely,
Thomas A. Blomster, Vice President
Denver Musicians Association
— Thomas Blomster · Feb 10, 03:58 PM · #
Mr. Nemcik,
We appreciate that you took the initiative to comment, which will allow for open and continuing discussion.
Whether or not the City of Lone Tree replaced another orchestra or requested the LTSO is of no concern. I have stated multiple times that the City should engage and support the LTSO – their home orchestra. My focus is on public funding behind the decision. This is proving to be a very interesting case study, which I am still looking into.
Dollar amounts that you cite are exactly as I stated above, so I don’t know what your point is there. It’s obvious to me that Nikki is looking at the aggregate total over two years, which looks more irresponsible over time.
The SCFD director and governing board are stewards of public funds totaling $40 million annually. SCFD should and must accept responsibility as the first call. What is malicious or false with my 2/6/10 Email to SCFD Administrator Peg Long
In closing, I value your contribution that “any moderately intelligent person can learn about the provisions of this act by reviewing information on the US Department of Labor website.” I’ll try my best to live up to your expectations and keep you apprised of what I learn.
In Solidarity,
Pete Vriesenga, President
Denver Musicians Association
— Pete Vriesenga · Feb 10, 09:40 PM · #
Due to the false and inaccurate information presented in Pete’s article above, I request the opportunity to offer a rebuttal in the DMA newsletter.
— Art Bouton · Feb 11, 06:22 PM · #
Good evening Art,
I welcome anything you wish to submit, and only ask for equal time. We can both work with our newsletter editor to agree on a format.
The newsletter is still 4-5 weeks away. You’re encouraged at any time to challenge & correct “false or inaccurate” information.
Pete
— Pete Vriesenga · Feb 11, 09:52 PM · #
I hope this doesn’t come off like Pollyanna but it is good to see that the DMA is big enough for airing of vigorous debate and diverse opinion within our ranks. All sides appear to be in agreement that the LT cultural arts center will have a role in providing support and employment for musicians in the greater Denver area. The questions of working conditions and fair wages is in fact the mission of any union, including ours. This is where opinions diverge. Interpretations of existing laws and how they apply to SCFD funded arts groups appear to be far from clearcut; we can now expect this discussion to move into the legal arena.
While I applaud the LTSO’s acts of community service, I find attacks on our leadership to be distasteful. As a non-member, Mr. Nemcik cannot be expected to know that Pete has been our president for the past 15 years. He has been democratically elected by our (yes, intelligent) members along with the fine members also elected to serve alongside him on the board. Under his leadership, many orchestras have signed or are moving toward collective bargaining agreements. He also single-handedly pushed the showscale in Denver towards rates approaching national averages. Some of this was accomplished amidst strong opposition at the time but are now taken for granted and benefit many DMA members. Pete has also personally helped countless individual musicians when they were down and out due to bad luck or difficult life circumstances. This is only known by those who have been recepients of his kindness and generosity. I am proud to have the strong, ethical and humane leadership represented by our board, including our president.
— Noriko (Nikki) Tsuchiya · Feb 13, 10:09 PM · #