County districts will wait and see on charter schools

By Jerry Cornfield, The Herald

We’re getting a clearer idea this week of where Washington’s first charter schools may open, and it’s not likely to be Snohomish County.

A dozen school districts from Sequim to Spokane and Tacoma to Port Townsend told the state Board of Education they’re want to be able to authorize and oversee these publicly funded, privately managed schools.

Though each must still turn in applications, these 12 districts are signaling a desire to get in on the ground floor of this newest venture in education.

None of them is in Snohomish County where 53 percent of the voters backed Initiative 1240 last November even as it seemed like 100 percent of teachers and school board directors did not.

In the county’s larger districts, school leaders are taking a wait-and-see attitude knowing full well they can apply later to become an authorizer. There is concern about time and energy required for overseeing a charter school and the possibility a legal challenge will be filed to delay or derail the law.

“As a board, we discussed charter schools during the election season, and post election, and decided to hold off putting in an application to become an authorizer this year,” said Ann McMurray, president of the Edmonds school board. “We’ll watch to see the experience of other districts in the state.”

Marysville School Board publicly opposed the initiative, and its directors haven’t softened their stand in the five months since the election.

Board president Chris Nation said there are innovative schools in the district, such as the Tenth Street Middle School, which offers a music-based curriculum to 180 students in the sixth, seventh and eighth grades.

“It is not something we pursued or are interested in at this particular time,” he said.

Directors of the Everett Public Schools had not discussed the matter before Monday’s deadline for getting into the initial round.

“We have not had that conversation. We don’t intend to have that conversation in the near future,” said board president Jeff Russell, adding it could come up during planning sessions in August.

All three presidents said administrators and teachers are consumed with mandates to deploy evaluation processes for teachers and principals and implementing new standards in English and math known as Common Core.

“These have a huge and immediate impact on our school community,” McMurray said.

But, Nation said, if somebody did launch a charter school in the district “we would wholeheartedly support them.”

The nine people who could make that happen are on the state Charter School Commission, which meets for the first time today in Olympia.

These are political appointees — three each from the governor, speaker of the House and Senate president — who embrace charter schools and are empowered to authorize them anywhere in the state.

The commission will be competing for business with the school districts as the law only allows up to eight schools a year and a maximum of 40 over five years.

Even if school districts in Snohomish County aren’t rushing to ride the first wave, commissioners might be so inclined if the right charter comes its way.

Coal train traffic to be studied

By Bill Sheets, The Herald

People who oppose a plan that would bring more trains carrying coal through Snohomish County might have one more firearm in their arsenal by next year.

The Puget Sound Regional Council, a regional transportation planning group, has decided to spend up to $100,000 to study the economic effect — particularly with regard to traffic — of more trains running through the central Puget Sound region.

The planning group, headed by a board of 32 elected officials from Snohomish, King, Pierce and Kitsap counties, studies trends and sets priorities for spending of federal transportation dollars in those areas.

The $650 million Gateway Pacific terminal would be built at Cherry Point north of downtown Bellingham. It would generate 4,400 temporary, construction related jobs and 1,200 long-term positions, according to SSA Marine of Seattle, the company proposing the plan.

Those jobs, however, would likely be concentrated in Whatcom County, meaning that if the study focuses on the economic effect of more traffic backups at rail crossings in the affected counties without the benefit of more nearby employment, it’s not likely to paint a pretty picture of the plan.

Everett Mayor Ray Stephanson, a member of the regional council board, said the study would give local officials some hard numbers to bring to the table. A draft environmental study on the plan is expected to begin sometime in 2014. That study is expected to include economic issues.

“An economic analysis on Whatcom County is one thing,” Stephanson said. “This will do an economic analysis for the Puget Sound region, per se.”

Rick Olson, a spokesman for the regional council, acknowledged that the study applies to a proposal outside the regional council’s jurisdiction.

Still, “there are hundreds of at-grade rail crossings in our region,” he said. “We have communities up and down our four county region who are interested in this study.”

The regional council board members’ vote March 28 to approve money for the study was unanimous, Olson said.

This includes the four Snohomish County board members who were present: Stephanson, Snohomish County Councilman Dave Somers, Mukilteo Mayor Joe Marine and Mukilteo City Councilwoman Emily Vanderwielen.

Snohomish County Executive Aaron Reardon is also on the board but was not present at the meeting, Olson said. In February, Reardon announced his intention to resign as county executive at the end of May. He has yet to submit a resignation letter, however.

The Gateway Pacific terminal would serve as a place to send coal, grain, potash and scrap wood for biofuels to Asia. Trains would bring coal from Montana and Wyoming across Washington state to Seattle and north to Bellingham.

The terminal is expected to generate up to 18 more train trips through Snohomish County per day — nine full and nine empty.

Proponents, including U.S. Rep. Rick Larsen, point to job creation. Opponents say the plan could mean long traffic delays at railroad crossings and pollution from coal dust.

Craig Cole, a spokesman for SSA Marine, offered a brief comment on the regional council study.

“Rail is one of the underpinnings of our economy,” along with ports, airports and roads, he said.

Several conservation groups on Tuesday announced plans to sue Burlington Northern Santa Fe Railway and several top U.S. coal producers, claiming they spill coal into Washington state waterways in violation of federal law.

Railroad spokeswoman Courtney Wallace, in a written statement, said the lawsuit was without merit.

“BNSF is committed to preventing coal dust from escaping while in transit,” she said.

The approval process for the terminal is expected to take at least a couple of more years. Three different agencies are involved in reviewing the terminal plan: the state Department of Ecology, the U.S. Army Corps of Engineers and Whatcom County.

About 14,000 people registered comments on the proposal at hearings and in writing from September through January. More comments will be taken after the draft environmental study is done and before the final study begins.

Meanwhile, the Puget Sound Regional Council expects to finish its study by next February.

“Our study will help jurisdictions up and down the corridor and individuals in the region communicate on that draft,” Olson said.

The regional council plans to advertise in May for a consultant to do the economic study.

Herald writer Noah Haglund and the Associated Press contributed to this report.

Federal court holds Interior Secretary retains authority to make trust land acquisitions for Alaska Natives

NARF Logo

This decision is a victory for all Alaska Tribes.

Tuesday, April 2, 2013

On March 31, 2013, the U.S. District Court for the District of Columbia issued an important ruling in Akiachak Native Community, et al. v. Salazar that affirms the ability of the U.S. Secretary of Interior to take land into trust on behalf of Alaska Tribes and also acknowledges the rights of Alaska Tribes to be treated the same as all other federally recognized Tribes.

In 2006, four Tribes and one Native individual—the Akiachak Native Community, Chalkyitsik Village, Chilkoot Indian Association, Tuluksak Native Community (IRA), and Alice Kavairlook—brought suit to challenge the Secretary of the Interior’s decision to leave in place a regulation that treats Alaska Natives differently from other Native peoples.  On behalf of our clients, NARF and co-counsel Alaska Legal Services Corporation sought judicial review of 25 C.F.R. § 151 as it pertains to federally recognized Tribes in Alaska.  This federal regulation governs the procedures used by Indian Tribes and individuals when requesting the Secretary of the Interior to acquire title to land in trust on their behalf.  The regulation bars the acquisition of land in trust in Alaska other than for the Metlakatla Indian Community or its members.  Plaintiffs argued that this exclusion of Alaska Natives—and only Alaska Natives—from the land into trust application process is void under 25 U.S.C. § 476(g), which nullifies regulations that discriminate among Indian Tribes.  The State of Alaska intervened to argue that the differential treatment is required by the Alaska Native Claims Settlement Act (ANCSA).

This decision is a victory for all Alaska Tribes.  The ruling will allow Alaska Tribes to petition the Secretary to have non-ANCSA lands placed into trust and the opportunity to enhance their ability to regulate alcohol, respond to domestic violence, and generally protect the health, safety, and welfare of tribal members.  To read the court’s opinion, click here.

Read more here,

http://www.courthousenews.com/2013/04/03/56308.htm

French plan to auction Hopi masks stirs furor

“Plans to auction the dramatic facial representations on April 12 spawned a protest from the Hopi Cultural Preservation Office and calls for the French government to intercede.”

A French auction house will auction off this Hopi kachina face depicting Crow Mother. Neret-Minet Tessier & Sarrou
A French auction house will auction off this Hopi kachina face depicting Crow Mother.
Neret-Minet Tessier & Sarrou
By Dennis Wagner

 

The Republic | azcentral.com

 

 

 

 

Tue Apr 2, 2013 11:36 PM

 

The Heard Museum and the Museum of Northern Arizona have joined Hopi cultural officials in urging a French auction house to cancel the planned sale this month of about 70 ceremonial kachina faces, known to tribal members as “friends.”

In Hopi theology, kachinas are supernatural messengers depicted in fantastical costumes worn during religious ceremonies. There are several hundred spirit characters in the pantheon representing wildlife, plants, human qualities, weather and other facets of nature or society.

Also known as katsinas, these characters are more commonly depicted in smaller form as carved doll-like figures.

Plans to auction the dramatic facial representations on April 12 spawned a protest from the Hopi Cultural Preservation Office and calls for the French government to intercede.

The Museum of Northern Arizona’s director, Robert Breunig, posted a letter Friday to the Paris auction house on Facebook, urging that the iconic, masklike visages be returned to Hopis of Arizona and the related New Mexico pueblos of Acoma, Zuni and Jemez.

“I can tell you from personal knowledge that the proposed sale of these katsina friends, and the international exposure of them, is causing outrage, sadness and stress among members of the affected tribes,” Breunig wrote. “For them, katsina friends are living beings. … To be displayed disembodied in your catalog, and on the Internet, is sacrilegious and offensive.”

The Heard Museum also posted a message on Facebook, which was e-mailed to the auctioneers in Paris: “This sale of items of significant religious and cultural importance to the Hopi Tribe is of extreme concern to our American Indian employees, particularly our Hopi employees.”

The Paris auction house, Neret-Minet Tessier & Sarrou, advertised plans to put the spiritual figureheads up for sale. Online promotions list combined estimated values exceeding $775,000.

One of the “Hopi masques” has a listed value of up to $64,000. Officials at the firm did not respond to e-mail or phone messages.

Last month, Hopi Cultural Preservation Office Director Leigh Kuwanwisiwma released a statement opposing the auction and asking Neret-Minet to “begin respectful discussions to return them back to the tribe.”

Kuwanwisiwma did not respond to an interview request, but a tribal representative said he received no response from Neret-Minet.

Sam Tenakhongva, Katsina Clan leader for the Hopi village of First Mesa, declined to be quoted unless The Arizona Republic agreed to prior censorship of stories about the controversy.

Micah Loma’omvaya, chief of staff to Hopi Chairman LeRoy Shingoitewa, said his boss and the Tribal Council have yet to address the matter.

The Hopi religion is so secretive, and the kachina spirit figures’ roles so crucial, that tribal officials oppose publication of photographs. They also object to the word “mask” as a description of the supernatural caricatures worn by Hopi men during ceremonies.

That cultural sensitivity may be confusing, however, because Hopi artisans commercially produce and sell thousands of wooden effigies depicting the same spiritual entities. In fact, a Katsina Doll Marketplace scheduled April 13 at the Heard Museum in Phoenix boasts 100 artisans and is touted as “the nation’s largest gathering of Hopi katsina doll carvers.”

According to a Neret-Minet catalog, the collection in Paris was assembled by “a connoisseur with peerless tastes” who lived in the United States for three decades and spent time with the tribe.

“By his own admission, you have to see the masks in dances to fully appreciate them,” the text says. “The art and history of the Hopi are intimately linked.”

Objects that date from the late 19th and early 20th centuries are made from leather, fur, plants, feathers and other natural materials. They depict benevolent characters such as Crow Mother (Angwusnasomtaqa), the matron of all kachinas, and Mud Head Clown (Kooyemsi), who is “both the supreme mediator between good and evil and an insolent buffoon prone to scatological pranks.”

Jose Villarreal, editor and publisher at artdaily.org, which announced the auction, said he has been bombarded with e-mail complaints from Hopis who are “very mad.” Villarreal said he contacted the Neret-Minet and was informed that the sale will go as planned because the kachina art was legally obtained.

Marketing materials do not explain when or how the religious artworks were acquired. In past U.S. cases, some works have been secretly sold to collectors for a profit by tribal members.

The Hopi Cultural Preservation Office statement says, “It is our position that these sacred objects should never have left the jurisdiction of the Hopi Tribe. … No one, other than a Hopi tribal member, has a right to possess these ceremonial objects.”

The Native American Graves Protection and Repatriation Act of 1990 established a process for Indian tribes to reclaim funerary and sacred items within the U.S., but it carries no international authority.

The Heard Museum statement says France adopted provisions of the U.N. Declaration on the Rights of Indigenous Peoples and therefore should “take steps to return these ceremonial objects.”

In his letter to the auction house, Breunig noted that kachinas represent “a connection between the human world and the spirits of all living things and the ancestors” for tribal members. “I appeal to your sense of decency and humanity and request that you terminate the auction,” he added.

Numerous Hopis joined discussions of the controversy on museum Facebook pages, expressing outrage at the planned auction and at those who may have betrayed the tribe in the past by selling religious artifacts.

Reach the reporter at dennis.wagner@arizona republic.com or 602-444- 8874

Pechanga.net To Host First iGaming Conference

Source: Indian Country Today Media Network

Native news site Pechanga.net is hosting its first conference dedicated to iGaming for Indian tribes. “Indian Country Online: The 2013 Congress” will take place June 3-4 at Pechanga Resort and Casino in Temecula, California. Live registration is now available at www.indiancountryonline.net, and Pechanga.net is encouraging tribal leaders and gaming professionals to sign up now for “what is sure to be a transformative event in the history of tribal gaming.”

The conference will be co-presented by Pechanga.net and Spectrum Gaming Group, a gaming research and analysis firm. The one-day event, themed “No Tribe Left Behind,” will take a comprehensive look at the next wave of business opportunities that technology, e-commerce, and iGaming will create for the tribes and entrepreneurs of Indian country, states Pechanga.net. Industry experts will detail how to navigate the technological, financial and regulatory challenges facing tribes as they go online.

“I felt there was an urgent need for us to look beyond the current debate on online gaming and focus on the entire industry, including the myriad of business opportunities that will be created by iGaming and e-commerce,” said Victor Rocha, owner of Pechanga.net. “Creating this conference is my way of pulling back the curtains and demonstrating that every tribe in the country can have a role and an opportunity to benefit in some real and direct way. No tribe should be left behind!”

“With the prospect of online wagering, tribal councils face a combination of opportunities and challenges, along with a cacophony of opinions, interpretations, and legislative issues,” said Michael Pollock, managing director of Spectrum Gaming Group. “This conference has been structured to cut through the noise, identify the opportunities and chart some realistic pathways.”

A complete conference agenda and sponsorship opportunities will be available in coming weeks.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/04/03/pechanganet-host-first-igaming-conference-148505

Judge: Urban Outfitters Case Can Continue

Source: Indian Country Today Media Network

A couple of the products Urban Outfitters sold using the Navajo name.
A couple of the products Urban Outfitters sold using the Navajo name.

A federal judge has ruled that the Navajo Nation’s lawsuit against Urban Outfitters can proceed.

Senior U.S. District Judge LeRoy Hansen filed an order on March 26 stating that the court is still considering allegations by the Navajo Nation against the retailer. However, as a report from the Farmington Daily-Times has noted, the court has dismissed some elements of the lawsuit.

The lawsuit stems from Urban Outfitters’ use of the terms Navajo and Navaho in referring to products not made by the Navajo Nation. Court documents said that “The Navajo Nation alleges in its Amended Complaint that it and its members have been known by the name ‘Navajo’ since at least 1849, have continuously used the NAVAJO trademark in commerce, and have made the NAVAJO name and trademarks famous with numerous products.”

The claims dismissed by the court were those that condemned the merchandise itself as “derogatory, scandalous, and contrary to the Navajo Nation’s principles” and labeled the alternate spelling “Navaho” as “scandalous.” The products that precipitated the lawsuit, which were re-labeled or pulled from stores altogether, included the “Navajo Hipster Panty” and the “Navajo Print Fabric Wrapped Flask.”

The Daily-Times adds that the Navajo Nation has until the end of the week to file a revised amended complaint.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/04/03/judge-urban-outfitters-case-can-continue-148520

Washington’s Prison Pow Wows Are Good for Inmates and Their Families

By Jack McNeel, Indian Country Today Media Network

There are no tipis, no horse parades, no trailers selling frybread. There’s not even any grass or dirt, but there’s no question that this is a pow wow—an important, meaningful pow wow. The smiles on the faces of the inmates, the laughter, the hugs and kisses, the families mixing freely with the prisoners—all this makes you momentarily forget that you are in a Washington state prison, in a large concrete room, surrounded by iron bars and razor wire.

What made the 2012 pow wow even better than the previous year’s is the kids, who were for the first time allowed to attend. The printed program provided at Airway Heights Corrections Center says: “This ceremony is dedicated to the shorties. We love you.”

In 2010 the state of Washington removed various traditional practices and religious rights from Native inmates because of budget constraints. One of those was access to pow wows. Some of those rights were reinstated in 2011, thanks to the work of tribal leaders and tribal lawyers. Common sense also prevailed, with people recognizing that the rehabilitation of inmates would be enhanced if these religious and cultural practices were permitted.

The Pacific Islanders bring the noise at Coyote Ridge Corrections Center. (Jack McNeel)
The Pacific Islanders bring the noise at Coyote Ridge Corrections Center. (Jack McNeel)

A new organization was formed to help Native prisoners receive better opportunities for cultural and religious activities aimed at rehabilitation. It’s called Huy, from a Coast Salish word meaning “See you again / We never say good-bye.” Gabriel S. Galanda, chairman of the board for that group, says, “Our imprisoned relatives are virtually forgotten, even by tribal communities. Huy intends to keep them in our hearts and minds, and to improve their tribal ways of life behind bars.

Minty LongEarth, an enrolled Santee Indian Nation of South Carolina tribal member, is the Native American Religious Services program director with the United Indians of All Tribes Foundation in Seattle. She basically oversees all the prison pow wows throughout the state. “There are 12 Washington prisons and at those 12 there are 20 Native circles,” she said.

An inmate from Montana who is a member of the Gros Ventre Tribe is at Airway Heights Corrections Center. He is grateful that someone had brought the pow wow back to his prison. “It’s a beautiful thing—all of us gathered together,” he says. “It’s a gathering of all our family, loved ones.… We’re one family, one circle. We dance and we sing and we pray and everything comes together.”

His nephew grabs a bite of food as his mother adjusts his regalia. He then joins his uncle in the dance area, moving to the beat of the drum, very much at ease despite the prison’s concrete walls. “It’s sharing,” he says. “Sharing gifts, stories, meeting new people, new tribes, different nations, different people. I take this walk seriously, this red road seriously. I’m a true believer in everything—the sweat lodge, pow wow, anything sacred.

“I had to come to prison, but prison isn’t always a bad thing. There’s good that comes with it—like this. It helps me get through the year. It’s the happiest I’ve been for a while. I can’t thank the Creator enough for this time and opportunity to be with my family and share this moment. I carry this deep within my soul, my heart, my spirit.”

Another inmate, from Fort Peck, Montana, also treasures the pow wows. “You can’t really put into words how much this means to us,” he says. “It’s the one day of the year that we’re able to show our families we’re better than what they saw us out there doing. Today was the first time that I’ve seen so many grown men in here shed a tear—[that happened] when they saw the little shorties out there dancing.” He says he still has a long time left on his sentence, 25 years, but, “this will help me get through the whole next year. Right after today we’ll start planning and looking forward to the next one.”

Joseph Luce, the chaplain at Airway Heights, also praises the monthly opportunities for Native inmates to engage in cultural activities: “Once a week they get to go out to the sweat lodge area. Twice a month they’ll sweat. The weeks they’re not sweating, they’ll go out and do a pipe ceremony outside. Once a week they’ll be drumming. They get together on average a couple times a week. We also offer special classes to work on drum skills and work on beading skills.”

The pow wow at the Coyote Ridge prison has a slightly different feel from the one at Airway Heights. Security seems a little tighter, but the smiles are equally broad and the drums equally busy.

“These kids coming to prison now are getting younger and younger,” says one inmate who has spent many years in prison. “How are we going to change that cycle? Inside prison, through this program, we’re able to bring up the younger kids, the 18-, 19- and 20-year-old kids and change their lives around by giving them a tool, by giving them a skill. Having them interact with United Indians of All Tribes. Just maybe through that collaboration they’ll be able to get some kind of help when they do get out.

“This is the biggest event of the year for the prison,” he says. “Without this event, life would really suck. This is a really happy event. You see all the men with smiles on their face. There’s a lot of unity here. Unfortunately, in the cells, that unity isn’t there. Here we come together as a family, as a fellowship. We can look at each other and think, That‘s my brother, my friend. This is almost like being free.”

 

Read more at http://indiancountrytodaymedianetwork.com/2013/04/03/washingtons-prison-pow-wows-are-good-inmates-and-their-families-148509

Environmentalists signal they’ll sue BNSF over coal dust

The Sierra Club and four other environmental groups Tuesday said they intend to file a federal lawsuit to force BNSF Railway and six coal companies to better contain the coal being shipped in open-topped trains.

By Hal Bernton

The Sierra Club and four other environmental groups Tuesday said they intend to file a federal lawsuit to force BNSF Railway and six coal companies to better contain the coal being shipped in open-topped train cars.

In a legal notice sent to the companies, the environmental groups contend that the trains are spewing coal dust and chunks of debris into the Columbia River, the Lake Washington Ship Canal and other Northwest waterways in violation of the federal Clean Water Act.

The legal challenge comes as environmental groups are campaigning against proposals to build new coal-export terminals in Washington and Oregon that would greatly increase the amount of coal trains moving through the Northwest.

“This action today seeks to stop illegal pollution and keep our river free of dirty coal,” said Brett VandenHeuvel, executive director of the Columbia Riverkeeper. “The threat of coal export makes this lawsuit even timelier.”

Puget Soundkeeper Alliance, Friends of the Columbia Gorge and RE Sources for Sustainable Communities also signed on to the intent-to-sue letter.

In a statement released Tuesday, BNSF said that the railroad has ”safely hauled coal in Washington for decades. Yet despite the movement of so much coal over such a long period of time, we were not aware of a single coal dust complaint lodged with a state agency in the Northwest or with the railroad until the recent interest in coal export terminals.”

“This is nothing more than the threat of a nuisance lawsuit without merit, that is part of an ongoing campaign to designed to create headlines to influence the review process for proposed export terminals,” the statement said.

In Washington state, major new export terminals are proposed for Longview and Cherry Point near Bellingham to send Montana and Wyoming coal to Asian markets. Some coal already is being shipped through Washington for export from British Columbia, and some is shipped to coal-fired plant near Centralia.

That legal notice was accompanied by a listing of more than 20 sites in Washington where coal has spilled since the beginning of 2011.

The document also includes photographs that depict coal dust blowing off a train as it passes along the Columbia River near Horsethief Lake. They also show what appear to be nuggets or chunks of coal at other locations, including near the Hiram M. Chittenden Locks in Seattle.

In a teleconference with reporters, several Washington residents spoke about their experiences with coal from the trains. Don McDermott, of Dallesport, Klickitat County, says that coal dust has blown off the trains and settled on his grapevines that grow beside the railroad track in a fish pond.

“My primary concern is that there is trespass on my property,” McDermott said. “The railroads need to contain their loads. The shippers need to contain their loads.”

The legal notice by environmental groups cited industry studies that indicated from 250 to 700 pounds of coal were lost from each rail car during transport.

Courtney Wallace, the BNSF spokeswoman, said that past studies were rough estimates, and indicated the coal losses fluctuated, primarily while the trains were within the Powder River Basin in southeast Montana and northeast Wyoming.

She said the studies were done before 2011, when new regulations to reduce coal dust were put in place.

Wallace says the new coal-loading rules require shippers to take added measures to address coal loss, including putting chemicals known as “topper agents” on the coal that reduce most of the coal-dust loss.

The chemicals also have stirred some concern.

In a Jan. 22 letter to agencies that will prepare the environmental-impact statement for the proposed Cherry Point terminal, the Washington Department of Natural Resources notes that one of these chemicals used in cleaning up the 2010 Gulf Oil spill has “been implicated in subsequent fish and shellfish deformities.”

I-5 lane to be closed Wednesday north of Stanwood

By Bill Sheets, The Hreald

One lane of northbound I-5 north of Stanwood is scheduled to be closed most of the day Wednesday.

Crews plan to inspect roadway panels that could be damaged and need repair or replacement this summer.

The right lane between mileposts 214 and 216 is scheduled to close 7:30 a.m. and reopen at 3 p.m. This is about two miles north of the Highway 532 interchange, near the Washington State Patrol weigh station.

Wal-Mart criticized on its staffing

More complaints have been lodged that the big-box retailer’s shelves at many stores aren’t adequately stocked and lines are long at registers.

By Renee Dudley, Bloomberg News

More than 1,000 emailed complaints signal that Wal-Mart stores’s restocking challenges are more widespread than the world’s largest retailer has said.

Wal-Mart customers from Hawaii to Florida and from Texas to Vermont wrote to express their frustration after Bloomberg News reported March 26 that there aren’t enough workers in the stores to keep shelves stocked, cash registers manned and shoppers’ questions answered. In response to the original article, Wal-Mart spokeswoman Brooke Buchanan said in part, “The premise of this story, which is based on the comments of a handful of people, is inaccurate and not representative of what is happening in our stores across the country.”

The emails began arriving shortly after the article was published and were still coming a week later. Most were from previously loyal Wal-Mart customers befuddled by what had happened to service at a company they’d once admired for its low prices and wide assortment. Many said they were paying more and driving farther to avoid the local Wal-Mart. Some had developed shopping strategies, including waiting until the last minute to grab ice cream, lest it melt in the lengthy checkout lines.

Wal-Mart founder “Sam Walton must be rolling over in his grave to see what has become of his business,” said Tony Martin, 54, a forklift driver who once frequented a store in Glen Carbon, Ill.

Wal-Mart’s restocking challenges stem from a thinly spread labor force struggling to keep up with all the work that needs to be done, said Colin McGranahan, an analyst at Sanford C. Bernstein & Co. in New York. The Bentonville, Ark.-based retailer’s work force at its namesake and Sam’s Club warehouse chains in the U.S. fell by about 120,000 employees between 2008 and Jan. 31, according to a securities filing on March 26. The company now has about 1.3 million U.S. workers. In the same period, it has added about 455 U.S. Wal-Mart stores, bringing its total to 4,005.

McGranahan said he has talked to workers who say they’re being asked to do more than they can accomplish in a shift.

“Stuff gets backed up, and they’re forced to respond as best they can,” said McGranahan, who rates Wal-Mart market perform, the equivalent of a hold. “The result is an increasing amount of customer-encountered out-of-stocks.”

Those items are missing at a crucial time for Wal-Mart, when the U.S. economy already is restraining its shoppers’ spending. Same-store sales for Wal-Mart’s U.S. locations in the 13 weeks ending April 26 will be little changed, Bill Simon, chief executive officer of Wal-Mart U.S., said on a Feb. 21 earnings call.

Wal-Mart said the customers complaining to Bloomberg aren’t a sufficient sample size and don’t represent shoppers’ impressions of its stores nationwide. The company surveys more than 500,000 customers a month, asking them about checkout lines, store cleanliness and the helpfulness of workers, Buchanan said Monday in emailed statement.

“These customers continue to tell us they have had a positive shopping experience and those numbers have trended upward over the past two years,” she said. “Our in-stock shelf availability is at historically high levels and averages between 90 and 95 percent. We will continue to work hard for our customers and meet their expectations by offering them everyday low prices on the broadest assortment of merchandise.”

Wal-Mart U.S. had sales of about $274.5 billion in the year ended Jan. 31, more than the total sales of Target and Costco Wholesale combined in their comparable periods. Wal-Mart says two-thirds of Americans shop at Wal-Mart each month. The company also had 6.6 billion visits to its U.S. stores in the last year, up 23 million from a year earlier, Buchanan said.

Still, investors have lost some enthusiasm for Wal-Mart. It closed at a 0.2 percent discount to Target on a price-to- earnings basis Monday, compared with an average 7.3 percent premium during the past year. Wal-Mart on March 20 traded at a 3.2 percent discount to its smaller rival, the lowest in more than a year.

Martin, the forklift driver, said Wal-Mart’s low prices don’t matter because it’s no longer a one-stop shopping destination.

“As much as I need to take advantage of the low prices that Wal-Mart has to offer, the money I would save” is spent on gas to drive to other stores to buy the items that were missing at Wal-Mart, he said. “So it is easier to just shop elsewhere.”

Bob Shank Jr., 68, of Tucson, Ariz., said there are two Wal-Mart stores in his area. At the older one, there are “different items left on shelves where they don’t belong, items on the floor not replaced, empty shelves.” The new store has “bare shelves” and “few employees visible, especially at the check-out counters.”

Shank tried several times to buy his favorite rum and eventually asked whether the brand had been discontinued. He got the same response at both stores: ” ‘No’, they said, ‘we just haven’t had time to re-stock.’ ”

Mike Grimes, 61, said he and his wife expect to wait at the Wal-Mart supercenter in Sikeston, Mo.

“We wait until we’re about to put items on the conveyer belt, then one of us will run back and get the ice cream,” said Grimes, who operates a furniture and appliance store. “Otherwise it will melt. We know we’ll be standing in line 20 minutes or more.”

Barry Hastings, 65, said he rarely completes his shopping list at the Wal-Mart in Fredericksburg, Va.

“They run out of Simply Lemonade. No stock on Dr Pepper seven-ounce cans. No ground pork, no onions, no green beans, and the list goes on and on,” said Hastings, who photographs the empty shelves and shows them to store managers as proof of the problem.

Rosemary Alvino-Ditmore, 63, of Sierra Vista, Ariz., a self-employed writer who shops at Wal-Mart at least twice a month, keeps a running list of items she’s been unable to find over the past year: oatmeal, nutrition bars, Suave shampoo, clothing patches, distilled water, drapes, sweatpants, knee-highs and more.

“Why have this huge Wal-Mart if you always have pegs empty or empty shelves?” she said.