City fights to reinstate suspension
Man asked two co-workers about fee to cross border
By Daniel J. Chacon, Rocky Mountain News (Contact)
Published June 11, 2008 at 1:46 p.m.
A Denver city employee who won an appeal of a four-day suspension for asking two Hispanic co-workers how much it cost their "people to get across the border" may not get away scot-free.
The Denver Clerk and Recorder's Office, where employee Jack Burghardt has worked since 2006, has filed its own appeal to have the suspension reaffirmed.
Burghardt was suspended last year after he asked co-workers Tina Gallegos and Consuelo Dominguez: "How much did it cost for your people to get across the border these days?"
Burghardt, a 32-year-old Polish immigrant, claimed he meant no harm, and the hearing officer ruled that the clerk and recorder failed to prove that he intended his remark to be derogatory.
But the city says the hearing officer's decision was flawed. The City Attorney's Office is appealing it on behalf of Clerk and Recorder Stephanie O'Malley.
"Even though it is undisputed that (Burghardt) made these inappropriate statements based on national origin directly to his co-workers, the hearing officer attributed no fault to (Burghardt) for making these statements," Robert Nespor, an assistant city attorney, wrote in the appeal.
Nespor said "it appears" that Burghardt was absolved because he testified "that he was disadvantaged by growing up in a foreign country, even though he has lived in the United States for the past 13 years" and didn't realize his comments could be offensive.
Burghardt "should have been held to the same standard as all other city employees, native and foreign-born alike," Nespor added.
City documents say Domin guez was "shocked," and Gallegos "was extremely upset" and "humiliated" by Burghardt's question.
The three employees said they were told not to comment, and O'Malley declined to comment because the case is under appeal.
Gallegos' daughter, Bobbie, 18, said her mother and Dominguez now feel a little uncomfortable around Burghardt at work.
"We grew up strong believers in my family to defend your background and make sure you take responsibility for your actions, and I don't think he has," she said.
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June 11, 2008
2:14 p.m.
Suggest removal
timeandagain writes:
Oh, boo hoo! You poor, sensitive women! You two are either the most emotionally frail people ever or you are looking to get some time off of work... Give me a break!
By the way, what does it cost these days?
June 11, 2008
2:18 p.m.
Suggest removal
CHunter writes:
You know the city has to fight it or the females will sue the city for "not doing enough" to punish this evil-doer. PC run amok!!
June 11, 2008
2:33 p.m.
Suggest removal
LoneTreeLady75 writes:
He's been in the country 13 years, you would think he would know what kind of statements can be deemed offensive. On the otherhand, what is this world coming to? This "he-said-something-I-didnt-like, so-now-im-going-to-complain-and-ruin-someone-elses-life" syndrome as got to come to an end. I dont feel bad for anyone involved in this story.
June 11, 2008
2:34 p.m.
Suggest removal
Michael writes:
So apparently Gallegos' father actually did "cross the border" to come to the US. Either legally or illegally is not the issue, he CROSSED THE BORDER and in doing so he emigrated to another country and as is always the case when someone does this, it had to cost something. The question in and of itself is without racial slur or insult. One can infer/imply (?? I always mix those 2 up) that this was a dis, but on the surface the ruling is correct. He did nothing wrong. You cannot control how someone reacts. That is their problem. If Jack Burghardt has used an ethnic or racial slur, maybe then he should have been disciplined. But he did not. Case closed and send the PC Police home.
June 11, 2008
2:41 p.m.
Suggest removal
JSeifert writes:
Maybe the Ladies were upset because they thought they had been outted. So what happens they go after the Legal immagrant.
June 11, 2008
2:41 p.m.
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redwhiteandBLUE writes:
If he won..why did he get suspended for four days ? That's B.S.!!
June 11, 2008
2:42 p.m.
Suggest removal
wow writes:
Wow...sensitive much? These people work for the city? How can they stand to even leave the safety of their homes with such thin skins? Poor immigrant babies...grow up, and stop wasting our time.
BTW, how much does it cost, out of curiosity?
June 11, 2008
2:53 p.m.
nonayerbsns writes:
(This comment was removed by the site staff.)
June 11, 2008
2:58 p.m.
Suggest removal
nonayerbsns writes:
Oh, and as far as Nespor is concerned: he, too is an unbelievable ignaramous if he can say in the same breath say:
"...Burghardt was apparently absolved based on... and also that he "did not fully appreciate the kinds of comments that might be deemed offensive." AND Burghardt's "feigned claim of ignorance does not excuse his conduct," Nespor said.
Why not? Just because Nespor thinks he knows all, doesn't mean he in fact, does know all. ALSO, regardless of anything else... it was a freakin' question!!! That's all!!! Get a freakin' clue people, there are daily erosions of your freedom happening here.
June 11, 2008
3:01 p.m.
Suggest removal
redwhiteandBLUE writes:
Deme311
Who's a bredneck ? LOL!
June 11, 2008
3:15 p.m.
Suggest removal
jace1012 writes:
Dominguez and Gallegos are an insult to their race by their
interputation of innocent comments. Dominguez & Gallegos should
also be fired for wasting City resources for their trival legal
pursuits.
A question to Dominguez and Gallegos: Are going to sue the
television networks each time you are offended by comments made by
late-night talk show hosts?
It appears Dominguez and Gallegos had a 'hidden agenda'
against a co-worker who they didn't like.
June 11, 2008
3:29 p.m.
Suggest removal
Woogford writes:
What Burghardt said was inappropriate, but come on this is rediculous. What a waste of time and money! Grow up and quit running to the teacher every time someone hurts your feelings.
June 11, 2008
3:43 p.m.
Suggest removal
Seashore writes:
Stuff like this makes me want to live under a rock. Interacting with people in a society like ours is something we should all try to avoid. Don't smile, don't comment, don't make eye contact... I may offend someone.
June 11, 2008
3:51 p.m.
Suggest removal
BroncoRick69 writes:
You know its a money making operation, people. Shame on anyone that tries to act like it's not. It was a genuine, valid question. "How much did it cost you to get here?" The immigrant smuggling is way out of control, heh among many other things, and that is what the guy was asking about, plain and simple.
June 11, 2008
3:55 p.m.
Suggest removal
rickg19611 writes:
Obviously, Denver city officials have nothing better to do.
June 11, 2008
4:02 p.m.
Suggest removal
WestminsterJ writes:
I usually come down on the "liberal" side of things, but I find the prosecution of this guy to be completely wrong-headed, assuming that the comment was made without overt malice or threat.
June 11, 2008
4:06 p.m.
Suggest removal
T1anda writes:
Let me see....Deme311 says: "bigotry in our country is well, alive.....Huh???
Then goes on to call people "brednecks" Then corrects it to REDNECKS!!
Who is the bigot now Deme311??
June 11, 2008
4:08 p.m.
Suggest removal
T1anda writes:
Dear RMN editors ...why the warning for a bad word I NEVER wrote anything bad at all???????
June 11, 2008
4:12 p.m.
Suggest removal
momof5 writes:
Shocked? Humiliated? Extremely upset? How about overly sensitive and just plain ridiculous. How old are these women, anyway? If that's the worst thing anyone has ever said to them then they should consider themselves lucky.
If this guy made a habit of making comments that could be construed as racist (and I don't find his question to be racist), then I could understand a lawsuit IF they had gone through all proper channels to stop such comments. But this sounds like a one time thing. No wonder you can't get good customer service when you go to a county office; people are too busy trying to find justification for frivolous law suits.
June 11, 2008
4:19 p.m.
Suggest removal
rurude writes:
Whatever - you are a bunch of just rude people. You know that someone that knows them will read the comments you are making so you all really poured it on thick. I used to believe that all people had some good in them but damn! You people in Colorado have none (of course) unless it has to do with you or your family. I don't agree with the fact the the women took it so far - but freedom of speech is going a little far if you think that you can just talk to someone the way this guy did.
I wonder why the Colorado people was so upset about the Columbine incident (didn't they have the right to bare arms) and why everyone was okay with taking those boy's parents to court for some kind of violation of rights. If one group needs to get real - then we all do!
June 11, 2008
4:25 p.m.
Suggest removal
adennya writes:
deme311 writes:
***************
Bigotry in our country is well alive, yes indeed! (To illustrate my point, let's just read all of the above comments made by some local brednecks).
**************
Does it occur to your little mind that your own bigotry and stupidity are showing when calling "all of the above posters" "brednecks"? First, do a little proof-reading so you won't display your ignorance quite so much, then think a minute about what you are about to say before hitting the enter key. That would keep you from making the same mistake as this poor Polish immigrant, as you just did. Engage brain before putting mouth (or fingers) in gear.
BTW, I happen to be a red-neck. Born AND bred. I'm not touchy about it, as are the two overly sensitive little girls in the story. But even a red-neck can rise above such stupidity as you display... Now to think a minute before hitting the Post button... yep, it's exactly what I meant to say.
June 11, 2008
4:41 p.m.
Suggest removal
butch_m writes:
Why are we paying for this frivolous attempt to extort an undeserved settlement from the Denver taxpayers.
Not only is it a valid question it's entirely relevant since Gallegos' father likely paid a coyote to get here (previous reports state that he was an illegal alien). Sounds like she is trying to deflect her anchor-shame by feigning offense.
June 11, 2008
4:56 p.m.
Suggest removal
scrabbler writes:
If someone said this to me and I was of Hispanic descent, I would be offended. If someone told a person of Caucasian descent how much Native American land was stolen, I would be offended.
The comment was inappropriate and in my opinion rude. The employee needs to be made aware and disciplined. In the workplace if you are caught online doing something sketchy regardless if you did it with mal intent you will be disciplined for these actions. This should be no different as it was out of line.
What amazes me is that most people are so accepting of this attitude towards people of Latin descent. Our country is a melting pot of people and our great country has seen time and time again this outlash against people that are perceived to be "not like us".
Illegal immigration is a HUGE problem in our country but that is because our administration did nothing to try to correct it. Personally i think it wasn't to give the American people something to blind them to the fact that the war that is being fought and costing a colossal amount of money and human lives was based on a lie to keep us protected from the big bad terrorists.
So what I really want to know is how much does it cost for a terrorist to come into this country illegally with a weapon of mass destruction?
June 11, 2008
5:06 p.m.
Suggest removal
titancain writes:
The racists are out in droves today. How tyical that rightwing nuts assume you're illegal because the color of your skin and your last name.
June 11, 2008
5:09 p.m.
Suggest removal
nanbede writes:
This is the most ridiculous trash I've read in a long time; we are being overburdened by the enourmous amount of lawsuit, laws, and enforcement when someone makes a comment that offends another person. I can remember when a hispanic worker turned to me and said "hey, you need to learn spanish my friend or you won't be able to get a job - you need to be bilingual". My response: you live in the USA, you need to learn the English language my friend. I was born and raised here - I don't need to be bilingual". Enough of this crap already. Pull up your big girl panties, ladies and move on.
June 11, 2008
5:09 p.m.
Suggest removal
Logical writes:
rurude,
Why are we bigots for feeling these women have no case? I have been called many names, some racial slurs, and I DON'T CARE!!! I have been the brunt of jokes, and I DON'T CARE!!! I have yet to sue anyone.
Why can't people hear what others say, and slough it off, like water off a duck's back? The only reason I can think of is that these women want some easy money. Why does that make me a bigot?
I'd love to see lawyers marched into the ocean with a whiner under each arm. Then, and only then, will America be a reasonable place to live.
June 11, 2008
5:13 p.m.
Suggest removal
redwhiteandBLUE writes:
I'm extremely upset, humiliated, and shocked!! To be called a bredneck by Deme311 ! I'm totally offended! LOL
June 11, 2008
5:26 p.m.
Suggest removal
dadio161 writes:
So , how much did Jack Burghardt have to pay when he came over ?
June 11, 2008
5:41 p.m.
Suggest removal
Really writes:
Go back to Mexico, I am sure that you will not be "shocked" and "humiliated" with how you are treated there!
Unless of course it would cost too much! How much does it cost to cross the boarder???
June 11, 2008
5:49 p.m.
Suggest removal
princessl1015 writes:
Look, it's simple people.
If you don't like how we do things here in the great UNITED STATES, get the hell out!
And take your whining, little noisy brats with you!
June 11, 2008
5:57 p.m.
Suggest removal
WestminsterJ writes:
Scrabbler: If someone told a person of Caucasian descent how much Native American land was stolen, I would be offended.
Well, "taken by force" is more accurate, but I'm Caucasian, and if someone said that to me I would not be offended, I would agree with them. The truth is the truth.
June 11, 2008
6:18 p.m.
Suggest removal
NeilT writes:
A LEGAL immigrant has every right to be bitter…no, pissed off…at ILLEGAL immigrants.
Legal immigrants wait, pay, wait, test, wait and wait some more to get here legally.
Maybe the folks that follow the rules wouldn't have to wait so long if it wasn't for the ones that don't follow the rules?
June 11, 2008
6:29 p.m.
Suggest removal
wow writes:
....<<asking two Hispanic co-workers how much it cost their "people to get across the border">>
Seriously, I really want to know, what was it that offended them so deeply? Was it the implication that because they are Hispanic, they have a tie to Mexico? Why is that offensive? One of them is a first generation citizen who's father crossed the border, so clearly her family is from Mexico. Is she ashamed of them? How was he to know of her situation?
This isn't at all about bigotry or racism. This is about a serious overreaction to a conversational topic.
So, city employees, stop getting your nickers in a twist and get back to work.
If you have time to chat it up and get all hurt over a question, clearly you don't have enough to do. You should be fired for slacking off, at the very least. If I was your boss, you'd be replaced by now.
June 11, 2008
6:30 p.m.
Suggest removal
Alive writes:
Orwellian. The man practically committed thought-crime.
June 11, 2008
7:58 p.m.
Suggest removal
Are_you_serious writes:
Where does it state anything about a lawsuit??? Can you pathetic, racist, losers read???? You speak on these women like you know them! Your ranting and raving about people you don't even know. If they didn't have reason to be shocked, upset or humiliated, they sure do now! How dare you speak upon something or someone you don't even know. The story is very vague and does not provide all the details of what is going on. And I can not find one word about a lawsuit, it states that there was an appeal filed on behalf of the clerk and recorder! You people amaze. Maybe we should weed out all of you negative, "so-called" Americans and deport you somewhere! I hope you all were not wasting time blogging while you should have been focusing on YOUR work instead of this story. Or maybe you losers don't work and this is all you know??? Very sad.
June 11, 2008
8:03 p.m.
Suggest removal
YoMamasMan writes:
First of all...............So many unabashed losers'(jerk stores) choose to "tough guy" here (I put it in quotation marks because it is my personal phrase.........retard). The fact of the matter is that my family has lived in Colorado for the last 200 years, and I would like for you job stealing, home market skewing, IQ lowering A-holes to leave my state. Luckily, most of you signed adjustable rate mortgages, and your "skill optional" job is gone. Go back to California, Florida, and Dirt bally-hood. This is not race based at all. If you are a good worker & pay taxes, then welcome aboard.
June 11, 2008
8:13 p.m.
Suggest removal
wow writes:
....If they didn't have reason to be shocked, upset or humiliated, they sure do now!
Yup.
Kinda makes you wonder if it was worth all the fuss trying to get the guy in trouble rather than taking a deep breath and explaining calmly that the question was considered rude. You know, like an adult in the work place might do under those circumstances.
Again, city employees work for us. They shouldn't be wasting time gabbing and squabbling like kindergarteners over an ignorant question.
That's assuming it even was an ignorant question.
June 11, 2008
8:16 p.m.
Suggest removal
YoMamasMan writes:
Again, nobody addressed the fact that if you are not from Colorado (or for the very least been here for a very long time), then you should leave and never come back.
June 11, 2008
8:17 p.m.
Suggest removal
Are_you_serious writes:
Wow! What exactly is your IQ "YoMamasMan"??? It can't possibly be very high with a response like that! Someone sounds a little bitter! Did a Mexican steal your job? And the fact that Colorado belongs to someone who goes by the name "YoMamasMan" IS news to me!
June 11, 2008
8:22 p.m.
Suggest removal
YoMamasMan writes:
That is exactly what your mama said. I could care less what race you are, as long as you're not from CA. I might not be the smartest person, but it was good enough for a MB. I'm sorry you are bitter that a 10th grade edu. still only get you a job cleaning up road kill. Sorry ugly.
June 11, 2008
8:30 p.m.
Suggest removal
Are_you_serious writes:
WOW- How do you know if that was the ladies intent? The fact remains that we who do work, have policies and proceedures to abide by. Most companies in both the public and private sectors have policies in place to prevent these types of comments. Ignorant or not I would think one would be expected to maintain a level of professionalism, expecially working in a government office. Sometimes maintaining professionalism and exercising your first amendment rights do not go hand in hand. There is a time and a place for that. The fact also remains that the whole story is not displayed here. You all are acting on pure speculation and assumption just as Burghardt did when he assumed two hispanic women would have an answer to his question! Why did he not ask two hispanic men? Probably becuase he would have got beat down! If you ask me, Burghardt is the weak one in this equation.
June 11, 2008
8:40 p.m.
Suggest removal
Are_you_serious writes:
"I might not be the smartest person, but it was good enough for a MB."
If that is what "a MB" gets you, I guess I should be content with a BA! Check your grammar and the attitude Mr. MB!
June 11, 2008
8:45 p.m.
Suggest removal
SirRealist writes:
Is this story still breathing? For Pete's sake, let it die RMN.
June 11, 2008
8:47 p.m.
Suggest removal
YoMamasMan writes:
I thought you might understand abbreviation. Never mind lady, didn't mean to confuse you. Is this better "U stinky ugly, not know much. Garbage deposal still important role for society. U be proud of that. Maybe soon your Autism pay off."
June 11, 2008
9:18 p.m.
Suggest removal
Jimminy writes:
Sorry,folks.The City has been active in subverting immigration law ever since Feddy and the Carpetbaggers set up shop here.It's gotten so bad that anyone who even LOOKS illegal will get hassled.
And now Feddy's locked up tight with Barack Husein Osama.
June 11, 2008
9:50 p.m.
Suggest removal
Buckshot_Magee writes:
Mexico is one of the most corrupt, filthy, sub-third-world countries on the planet. Even though it's extraordinarily blessed with natural resources, its economy is forever doomed because there is no accountable leadership hierarchy, and no middle class. Sam Houston was correct in his assessment over 150 years ago that Mexico is incapable of self government - just look at its history.
Anyone who immigrates to the United States from this place, legally or illegally (and I can certainly understand why they would choose to come here), should consider themselves very lucky. If I were them, I would adopt the culture of my new country immediately, and never look back.
(Don’t bother to respond saying what a great place it is because you’ve been to the beach once or twice in Cancun or Cabo. The rest of it is quite backwards.)
June 11, 2008
9:57 p.m.
Suggest removal
TonyB writes:
The answer should be simply a dollar amount or "I don't know" followed by what did it cost to come in from Poland?
June 12, 2008
7:44 a.m.
Suggest removal
hjc writes:
If I lived impoverished in Mexico and I could look across the border to the United States and see how the "impoverished" people there, lived, I would certainly try and get across that border. Having said that America has always been a place to make a new start. I am sure the Polish worker paid something to move to America. I am sure his feelings would not be hurt if you asked him. I for one cannot understand what is derogatory about a question of price to cross the border?
My great great grandparents moved from England and settled in America. I am personally very proud of them for making that decision. I do not understand why such a question would raise such a stink. I do not understand why a child would not be proud of the fact that their father chose to come to the US to make a better life for himself and future generations. I don't think it should be a dirty little secret, I think it should be a source of pride.
June 12, 2008
8:03 a.m.
Suggest removal
JSeifert writes:
They just saw a new income in this and was hoping for a money winfall from this PC Government. Hell I have been called worse on this blog then what happen to them. Grow up its only a name it could have been a rock and stick.
June 12, 2008
8:04 a.m.
Suggest removal
HolierThanThou writes:
Those women need multicultural training.
Anyone who knows Poles would understand that he wasn't trying to be offensive. That was a pick-up line.
June 12, 2008
8:16 a.m.
Suggest removal
fiesty writes:
Wow, I am really amazed at some of the comments here. Most of you know how passionately I am opposed against illegal immigration since I've blogged about it so much; however, I am opposed for reasons other than bigotry, racism, or hate. Yet on this blog, I have seen almost nothing but hate-fulled, racist nonsense.
While I agree that the case was taken too far (the man should have just been disciplined and forced to undergo training), there is simply no excuse for what he said. Nor should what he said be downplayed- the fact is that he meant it in a derogatory sense. He targeted two women due to their hispanic background, made his comment, with the accompanying insinuation. Then, when he got called to account for it, he tried to play the ignorance card. Baloney. Everyone has the right to work without being in an environment where someone is going to single them out due to their ethnicity, and make harassing comments about it.
June 12, 2008
9:35 a.m.
Suggest removal
Alive writes:
Hey artstarzz,
If everyone hates us so much, then why in the hell do they all want to live here? Why do you want to like here around all those nasty, fat, drug addicted, racist white people. Are you here to straighten things out to your satisfaction?
June 12, 2008
9:38 a.m.
Suggest removal
Alive writes:
I meant "Why do you want to live here...". A typo! And here I thought I was perfect because I am white. You know how we are.
June 12, 2008
10:19 a.m.
Suggest removal
GILPINMAN writes:
I WORKED IN THE REPUBLIC OF BOULDER WITH A MAN THAT ILLEGALY IMIGRATED FROM MEXICO AND IS NOW HERE LEGALY. I ASKED HIM WHAT IT COST HIM TO GET HERE AND HE TOLD ME "$800 BUCKS BUT NOW IT IS MORE EXPENSIVE ALMOST TWICE WHAT IS WAS WHEN I CAME OVER" HE WAS NOT OFENDED AT ALL BECAUSE HE KNEW I WAS CURIOUS AND SERIOUS. WHEN I ASKED HIM WHAT HE THOUGHT ABOUT THE ILLEGAL IMIGRATION HE SAID "IT WAS A BIG PROBLEM FOR THE MEXICANS THAT WORK HARD TO BECOME LEGAL AND GET A FAIR PAYCHECK BY FLOODING THE WORK MARKET WITH CHEAP LABOR" AGAIN HE WAS NOT OFFENDED BY MY QUESTIONS. SHOULD I HAVE BEEN FIRED FOR INSULTING HIM? HE DIDN'T FEEL I OFENDED HIM AND HE HATES ME GO FIGURE!
June 12, 2008
10:59 a.m.
Suggest removal
OhBrother writes:
ok here is my problem, why did he want to know? Is he plaining on smuggling mexicans here? How much did it cost him? he should have just guestimated in his own head and subtracted a portion of what he paid as he came from over seas. Is it a big deal? not to me- they should have just gave him the finger if they thought he was rude-case closed. But agin-why did he want to know in the first place? really what does it matter how much someone pays to get across the border- it's not like it's some flat fee that you pay an actual legal business. It's not plane tickets he was asking about, why in the world would you need the awnser to that question? would he go back to his smuggler guys and ask for a refund cuz some mexican at work told him they paid less?
June 12, 2008
11:08 a.m.
Suggest removal
MileHighCritic writes:
All the Brednecks are clinging to their guns and religion.
As a Polish -American I demand these two women recognize my culture's long history of asking stupid questions. For too long we have been oppressed by Polock jokes. It's time to close the screen door on the submarine of discrimination.
June 12, 2008
11:21 a.m.
Suggest removal
DownwardDog writes:
From the Bill of No rights, some people might want to read this...
ARTICLE II -- You do not have the right to never be offended.
This country is based on freedom, and that means the freedom for everyone, not just you! You may leave the room, turn the channel, express a different opinion, etc., but the world is full of idiots and probably always will be.
June 12, 2008
11:26 a.m.
Suggest removal
OhBrother writes:
MileHighCritic-
exscuse me good sir but you can no longer identify yourself as Polish-American. You are either American or not. You may offend someone with that kinda of label, you need to fully assimilate immediatly. Thank you
June 12, 2008
12:49 p.m.
Suggest removal
Dick_Tater writes:
RickyLee, you middle class cracker. Don't you know racism, sexism, and all other ism's are tricks for other kids. Silly rabbit.
June 12, 2008
1:20 p.m.
Suggest removal
barneyfife93010 writes:
WAAAAAA! BOO HOO HOO!
Please, give me a break! People are so easily offended. Everyone wants to make a quick buck and a name for themselves. Get a life, ladies!
June 12, 2008
5:46 p.m.
Suggest removal
Alive writes:
Hey artstarzz,
All I can say take your best shot.