Breaking news: With new federal ruling, DeKalb school leadership is now in legal limbo for time being
As we all expected, the DeKalb school board situation is getting messier. A federal judge is now saying that Gov. Deal can remove the six board members, but cannot replace them for the present.
Yikes.
It seems unlikely all the school members recommended for removal are going to drop their legal challenge to the state law allowing the governor to oust them over accreditation concerns.
If the DeKalb legal challenge follows the pace of a similar one filed by school board members in Sumter County, this could take months to resolve. Six Sumter school board members filed in December to halt state removal, but a court hearing has yet to be scheduled and they retain their seats.
DeKalb school board member Eugine Walker made it clear to the state Board of Education at its 14-hour hearing Thursday that he was not going to surrender his constitutional rights to seek redress in the courts if he was suspended from his elected post.
The AJC’s Ty Tagami reports that Walker said Sunday, ““I was elected by the people, but I work for God. I’m not going to surrender to a political lynching by a kangaroo court.”
U.S. District Judge Richard Story scheduled the federal hearing for 2:30 p.m. Friday. The Fulton Superior Court hearing before Judge Lee is 8:30 a.m. Thursday.
So, this situation now leaves DeKalb in limbo and prevents any real change to get under way.
A federal judge has issued an order that temporarily prevents Gov. Nathan Deal from replacing the DeKalb County school board members who were recommended for suspension by a state panel.
Judge Richard Story’s order refuses to restrain Deal from suspending the DeKalb board members, but enjoins implementation of any decision by the governor pending the outcome of a hearing Friday.
Deal previously called a news conference for 11 a.m. Monday to announce his response to a Georgia Board of Education recommendation Thursday to suspend six of nine DeKalb board members. That prompted DeKalb to file a last minute plea Friday for an order restraining the governor.
The judge’s order didn’t side clearly with either DeKalb or the governor, but it does give DeKalb some breathing room.
“If Governor Deal decides to appoint any new member to the board, that proposed member shall not be permitted to take office at this time,” said Story’s order, which was signed Friday and obtained Sunday by Channel 2 Action News. “Similarly, if Governor Deal decides to remove any current member of the board, that member will remain in office, but shall not be permitted to act on behalf of the board or take any other official action in his or her capacity as board member.”
The temporary order is in connection with a lawsuit DeKalb filed to stop the removal process. The suit, filed by the school district and former board chairman Eugene Walker against the Georgia Department of Education and Deal, contends that a 2011 state law allowing the ouster of elected local school boards is unconstitutional.
The law says the governor can suspend and ultimately remove any local school board that is recommended for suspension by the state education board because of risk to the local school district’s accreditation. The law authorizes the state to act only in districts that have been placed on “probation” by an accreditation authority.
The Southern Association of Colleges and Schools placed DeKalb on probation in December, alleging a host of governance problems.
–From Maureen Downey, for the AJC Get Schooled blog
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258 comments Add your comment
Dr. John Trotter
February 24th, 2013
10:58 pm
I didn’t see your anemic response, Rush. Sorry. But, I still don’t see any specificity. Just ad hominem attacks. Now I presume that you are alluding to Norreese Haynes. Now it was BAD, SO BAD that Norreese Haynes was associated with MACE but OK for Chairperson Ericka Davis and Vice Chairperson Rod Johnson and another Vice Chairperson Eddie White to brag on their school system biographical profiles that they were GAE/NEA members? Ha! Eddie Whjte was even a Lifetime Member of GAE/NEA. There were others on the school board associated with GAE/NEA (Yolanda Everett, right off the top of my head). So, Rush, this is the best that you can come up with? Ha!
Dr. John Trotter
February 24th, 2013
11:03 pm
Mountain Man: I am just saying that this consternation over the so-called “Friends & Family Plan” may just be a ruse. I am not justifying it. But, I didn’t see the same wringing of hands when the white school board members and white superintendents were doing it. It is certainly not a reason for giving away the school board’s (and voters’) sovereignty and self-determination to an unaccountable and unelected and private organization.
bootney farnsworth
February 24th, 2013
11:04 pm
friends and family was alive and well under Jim Cherry.
difference between then and now – Jim Cherry & co knew for them to keep their plum positions, the system had to work. the kids had to be getting a good education
now…
The Ivy
February 24th, 2013
11:05 pm
Walker “works for God”??? I did not know God paid the County’s tax bills.
Dr. John Trotter
February 24th, 2013
11:07 pm
Bootney, you always make good observations and rarely engage in ad hominem attacks. That is a rarity on blogs. Keep it up, friend. I enjoy your and Beverly Fraud’s comments immensely.
mountain man
February 24th, 2013
11:11 pm
“I am just saying that this consternation over the so-called “Friends & Family Plan” may just be a ruse. I am not justifying it. But, I didn’t see the same wringing of hands when the white school board members and white superintendents were doing it.”
When Cherokee County was put on probatiion by SACS in 1999 because of meddling by ONE on the Cherokee BOE, we immediately put together a recall effort that forced his resignation. And that was MUCH less egregious than all the crap going on in Dekalb county. Georgia needs to get tough with Dekalb over the running of a budget deficit (which is ILLEGAL). They need to be forced to make up all their past deficit and set a new balanced budget. Since you don’t care about Walker’s family being in positions, I guess you would just like the teachers fired, right?
bootney farnsworth
February 24th, 2013
11:12 pm
@ dr john
how much money does a county system get from the state? direct and indirect?
Dr. John Trotter
February 24th, 2013
11:13 pm
By the way, let’s throw a curve ball and talk about one of the white school board members. Can anyone on here give me one specific, credible, and concrete reason why Nancy Jester should be removed from this school board? Does she not fit into the Mark Elgart pliable-school-board-member template? Does she do too much homework? Does she ask too many questions? It seems odd that Prince Mark Elgart wants to hold school board members accountable for the budget but frowns upon school board members like Nancy Jester who asks pointed, right-on-point questions about the budget.
Sidney Camp
February 24th, 2013
11:13 pm
Gee what a shock. a judge confirmed by the adulterer Bill Clinton rendering a decision in favor of the Democratic party. he should resign and perhaps move to chicago.
bootney farnsworth
February 24th, 2013
11:15 pm
@ mountain
the difference is, cherokee did something about the problem.
dekalb IS the problem
mountain man
February 24th, 2013
11:15 pm
“let’s throw a curve ball and talk about one of the white school board members.”
There are WHITE school board members in Dekalb?
mountain man
February 24th, 2013
11:16 pm
“the difference is, cherokee did something about the problem.
dekalb IS the problem”
Exactly my point. The state would not need to act if the county constituents had acted.
Dr. John Trotter
February 24th, 2013
11:17 pm
@ Mountain Man: I never said that I didn’t care. I said I am not justifying anything that the DeKalb School Board or any school boards in Georgia do. Read what I wrote and try to refrain from putting words in my mouth.
@ Bootney: I am not sure about the county-state split. But, I suspect that most of the monies come from the State.
bootney farnsworth
February 24th, 2013
11:18 pm
the most concrete reason for dumping Nancy is she’s part of the problem entity.
if you’re gonna go for a clean slate, you gotta clean the slate.
right or wrong, good or bad, she is part of the group which allowed DCSS to go to hell
Dr. John Trotter
February 24th, 2013
11:19 pm
I hope that this didn’t disappoint you, Mountain Man, about there being a white board member in DeKalb. Ha! Are you now going to soften your criticism? Ha!
bu2
February 24th, 2013
11:20 pm
@Dekalbite
So its ok to overthrow the elected will of the people as long as the replacements are of your beliefs and political persuasion? Its bad for Walker to put adults first and focus on race before students, but ok for Jason Carter to put adults first and focus on race before students and throw in political parties where they didn’t exist before? Its bad for people to focus on their special interests, but ok for Jason Carter to focus on race and his political party (i.e. his special interests)?
We have a very divided county and I find Carter’s remarks offensive and detrimental to the situation.
bootney farnsworth
February 24th, 2013
11:20 pm
possibly a way out of hell for Deal would be to freeze all state contributions to DCSS until changes are made.
mountain man
February 24th, 2013
11:24 pm
“@ Mountain Man: I never said that I didn’t care. I said I am not justifying anything that the DeKalb School Board or any school boards in Georgia do.”
Well, how do you stop things like those going on in Dekab? SACS is the only “regulators” we have. Since the constituents are happy, right? Who cares about the students? The constituents have the proper color BOE member and that seems to be all that matters. The BOE members certainly have not done anything to help student acheivement or to support teachers.
bootney farnsworth
February 24th, 2013
11:25 pm
a thought on SACS, or the devil you know.
SACS is the good ole boy system with Ph’D’s instead of Jack Daniels t shirts. it may not be as corrupt as DCSS, but it follows the same concept of patronage and connections. a group of people responsible to nobody but themselves make life and death decisions for schools and colleges all over the south.
problem is, to toss out SACS there has to be something in place ready to go. otherwise we could end up even worse than where we are now.
mountain man
February 24th, 2013
11:27 pm
“possibly a way out of hell for Deal would be to freeze all state contributions to DCSS until changes are made”
AMEN, bootney – THAT is a great idea. If they find this law unconstitutional, the legislature should rewrite it to say that any system that is put on SACS probation loses all state education funds until probation is lifted.
mountain man
February 24th, 2013
11:29 pm
“I hope that this didn’t disappoint you, Mountain Man, about there being a white board member in DeKalb”
I just didn’t know there were any whites left in Dekalb county (outside of Decatur City, that is).
Hamilton
February 24th, 2013
11:34 pm
If I understand correctly, the District Court permits Governor Deal to suspend the members, he just cannot replace them. That’s the “limbo.” Once they are suspended, they cannot make any decisions, like appropriating their legal support funds. If they have been hiring lawyers in executive session, isn’t that a violation of the Open Meetings Act? Deciding to hire an attorney is not a matter of attorney-client privilege. It’s Board secrecy in this case. Oh well, I digress..
I welcome U.S. District Court scrutiny. Maybe the U.S. Attorney will take a look at the BOE members petitioning for their jobs and see what criminal charges could stick. My favorites are mail fraud, wire fraud and tax evasion. I’m sure that the U.S. Attorney is capable of doing what DeKalb’s District Attorney (or his predecessor) doesn’t have the guts to do. Where there’s smoke, there’s fire. Federal and State money is being misused – who’s responsible? Discuss among yourselves..
BTW, the citizens of DeKalb can recall the elected official named Robert James.
mountain man
February 24th, 2013
11:35 pm
“I hope that this didn’t disappoint you, Mountain Man, about there being a white board member in DeKalb”
And after this debacle, I estimate that there will be even less whites in Dekalb County. There is a reason for white flight. Unless charter schools can step up to the plate. I still think the State should pursue allowing cities to form school systems.
dekalbite@bu2
February 25th, 2013
12:05 am
“Its bad for Walker to put adults first and focus on race before students, but ok for Jason Carter to put adults first and focus on race before students and throw in political parties where they didn’t exist before?”
Maybe I’m missing something here but Democrat Jason Carter is not appointing new BOE members, Republican Nathan Deal has that job. The BOE is non partisan. I have given money to two BOE candidates that claim to vote Republican and one who claims to vote Democrat because the BOE candidates are non partisan (hence they are in the non partisan elections in DeKalb).
After being involved in DeKalb as a teacher off and on since 1972 and a parent of a child in the 80s who went through DeKalb, I have a different perspective on the history of the DeKalb School System than most newer citizens.
Most newer citizens really don’t know how bad it was in South DeKalb with the terrible overcrowding in the 80s and 90s and the lack of representation prior to 2000. For example, during redistricting many people in North DeKalb wondered why South DeKalb was so freaked out over the closing of their schools. If you lived through the Roger Mills era when no new schools were built in South DeKalb and then the subsequently awful time for students when they were packed into trailers like sardines, you would understand. At one time Fairington had 34 trailers and 33 classrooms. It smelled like urine in the hallways as 100% more students than the school was built for were forced to use the restrooms in the building. Students had to begin lunch early in the morning as the cafeteria tried to feed over so many students. Pine Ridge had even more trailers and the parents of this affluent community struggled to keep things right for their kids in a terrible situation. There was an almost zero access to technology for students in both schools. There was terrible overcrowding in South DeKalb, and they were as much pawns in the political game as North DeKalb. It left a very bitter taste for many South Dekalbites, and that played out in the redistricting/school closing controversy.
Picking African American representatives is a moot point for me (I’ve given money to white and black BOE candidates depending if I thought they would do right by kids). My point is that there are many African American citizens of DeKalb that would be great picks for the BOE. Personally, I have no problem with it, but I respect that you do.
Johnny
February 25th, 2013
12:07 am
TO THE READERS OF THIS BLOG, Beverly Fraud and Bootney (maybe the same blogger) are attmpeting to mis inform you and devert your attention fromt the real problem here: Dekalb BOE and schools system. The testimony of Dr. Elgart in front of the State BOE, under oath more than answered the concerns of rational people on SACS. And what appeared to be the gotcha moments of the BOE’s defense attorney were smoke and mirrors: The books still are not accounted for and this statements about lack of supporting testimony was just cheap legal gymnastics (the BOE had been the ones who approved the list of interviewees for SACS, the issue was that raw testimony was not included in the final report) . Bev and Bootney seem to want to blame SACS for DCSS having a 60% graduation rate, spending 4 mil last year on legal fees, (the State BOE was amazed) having no apparent accountabiliy for anything and a total lack of concern for students. They do not mention SACS was hired by DCSS to do their accreditation, in affect making DCSS their customer. They don’t mention that the BOE and Crawford Lewis directed SACS to focus accreditation on the System vs Schools in an effort to hide failing schools, They don’t mention that SACS placed Dekalb on probation after Dekalb refused to communicate with SACS, who offers help and mentoring on each area they analyze. SACS has been monitoring this system for a decade and the last 2 years have seen a rapid decline. SACS accredits over 20K systems and schools around the world and the only one that put on probation this year is DEKALB! Stop wasting our time bitching about SACS and focus on the issued DCSS and the Dekalb Board!
Private Citizen
February 25th, 2013
3:33 am
Did they get this judge from WalMart? Maybe the judge also went to a graduate school of education and got a degree in “Confusion and Feelings.”
Private Citizen
February 25th, 2013
3:34 am
DeKalb board of education loves intrigue and attention. They be riding high, now.
Private Citizen
February 25th, 2013
3:35 am
Obviously, they need to amend the state Constitution to do away with local school boards and the school board system.
Private Citizen
February 25th, 2013
3:46 am
Would this be an example of an “activist judge?”
Seems what these folk have in common is not respect for:
- State Governor
- State BOE
- Assigned regulatory agency
- condition / performance of schools.
Agreed it is a good time for some federal sharpies to take a look into individual actions and accountability and to clarify is there has been any criminal misdeed. Point is, smoke / fire? Why some so detached to big-mess like it a dog they own, that keeps biting everyone in the neighborhood, but it is their dog and they own it.
Private Citizen
February 25th, 2013
3:48 am
Most people don’t like her, but I bet Cynthia McKinney would keep it square and clear.
Private Citizen
February 25th, 2013
4:00 am
Maybe Walker should be replaced by an atheist who knows how to negotiate a construction contract.
Using “God” for political reasons is propagandistic, also ignores principal of separation of church and state. These folk keep reverting to their personal opinion as the governing authority and show contempt for all else while misspending astronomic sums of public money.
This is what happens when you subcontract regulation, no one has any respect for the regulator, and the regulator does not have the power and of law, unlike a state regulatory authority that enforces code and does not suffer interference. Go frame a building wrong and see what the building inspector says. It is pretty direct and the building inspector has the authority to do their job. No judge is going to approve or stalemate a building that is not built to code.
Private Citizen
February 25th, 2013
4:04 am
Bring in the FBI? That’s what is done when a police department goes rogue.
When to Contact the FBI: http://www.fbi.gov/contact-us/when
Private Citizen
February 25th, 2013
4:15 am
Judge has done a lot of workaday public service: http://www.bizjournals.com/search?q=%22Judge+Richard+Story%22
‘Wonder what his game is with “remove and not replace members.” He seems to have created limbo and complexity. What is the reason, strategy, or productivity of this? What are the possible outcomes and why did he provide them time and distance from the recommendation of the State Board of Education? Is not the recent law about removal of school boards under accreditation threat, is not this state law clear? What is the clear basis of this action by the judge? Upon what law or code did he based his decision?
Private Citizen
February 25th, 2013
4:20 am
“Discretionary performance of a lawful act or a prescribed duty”
Georgia has some really sorry and indirect regulatory code.
Private Citizen
February 25th, 2013
4:43 am
Appointed judge obstructs the appointing of school board.
Here is someone’s write-up quite critical of this judge: http://home.earthlink.net/~dlaw70/story.htm
Hey, Judge, if you’re not part of the solution, you’re part of the problem.
Private Citizen
February 25th, 2013
4:51 am
Ugh oh, Mr. Walker has competition on the God-front. “state board member Mike Royal to say at Thursday’s hearing that “I hope it doesn’t drag out in litigation, I pray.”
Who will God choose?!
Do Georgia politicians routinely ignore keeping their religion out of public statements about their state service work?
Private Citizen
February 25th, 2013
4:59 am
You put your right hand in,
You put your right hand out,
You put your right hand in,
And you shake it all about,
You do the hokey pokey
and you turn yourself around
That what it’s all about.
DEKALB SCHOOL BOARD INDICTMENTS
February 25th, 2013
5:54 am
People relax- Robert James has the SACS report he will subpoena the UGENE Walkers nepotism and wrongfull influence.
Emails and charge him with.
.C.G.A. § 20-2-63 (2012)
§ 20-2-63. Prohibit certain conflicts of interest of board members
(a) (1) No local board of education member shall use or attempt to use his or her official position to secure unwarranted privileges, advantages, or employment for himself or herself, his or her immediate family member, or others.
(2) No local board of education member shall act in his or her official capacity in any matter where he or she, his or her immediate family member, or a business organization in which he or she has an interest has a material financial interest that would reasonably be expected to impair his or her objectivity or independence of judgment. Compliance with Code Section 20-2-505 shall not constitute a violation of this paragraph.
Relax – Let the dekalb DA do the heavy lifting. UGENE will be the 1st one to face charges.
These guys are so stupid that they incriminate themselves in front of the board…Who’s that pizza guy who agreed with the board that his pizza business/ JV was a conflict? He’s next to as the say in DeKalb to “Catch A Case”
DEKALB SCHOOL BOARD INDICTMENTS
February 25th, 2013
6:06 am
Here is AJC’s Next big headline subsitue the word DEKALB for everytime you see “Sweetwater / southbay”
The common facor is wrongful influence and conflict of interest Just like dekalb
Specifics of the South Bay indictments
Bertha Lopez, 58, Sweetwater school board member, is accused of filing false documents, perjury, gifts above limit, accepting bribe, wrongful influence, conflict of interest —
Specifics of the indictments faced by 15 defendants on Monday.
ContractorsGary Cabello, 54, bond financier, is accused of offering thing of value to a school official and bribery
Jeffrey Flores, 43, Seville Construction Services president, is accused of offering a thing of value to a school official and bribery
School officialsJames Cartmill, 53, Sweetwater board member, is accused of wrongful influence, accepting a bribe, conflict of interest, perjury, filing false document, gifts above allowable limits
Jesus Gandara, 56, former Sweetwater superintendent, is accused of accepting a bribe, conflict of interest, wrongful influence, extortion, perjury, filing false document, gifts above limit
Yolanda Hernandez, 64, San Ysidro school board member, is accused of filing a false documents and perjury
Bertha Lopez, 58, Sweetwater school board member, is accused of filing false documents, perjury, gifts above limit, accepting bribe, wrongful influence, conflict of interest
Manuel Paul, 61, San Ysidro schools superintendent, is accused of filing false documents, perjury, gifts above limit
Pearl Quinones, 60, Sweetwater school board member, is accused of accepting bribes, conflict of interest, wrongful influence, filing false documents, perjury, gifts above limit and extortion
Arlie Ricasa, 48, Sweetwater school board member, is accused of extortion, accepting bribes, conflict of interest, wrongful influence, filing false documents, perjury, gifts above limit
Gregorio Sandoval, 59, former Sweetwater school board member, is accused of accepting bribes, conflict of interest, wrongful influence, extortion, filing false documents, perjury, gifts above limit
College officialsNicholas Alioto, 47, former Southwestern College vice president, is accused of accepting bribes, wrongful influence, filing false documents, perjury, gifts above limit
Raj Chopra, 75, former Southwestern College president, is accused of wrongful influence, accepting bribes, conflict of interest, filing false documents, perjury, gifts above limit
Jorge Dominguez, 65, former Southwestern College board member, is accused of filing false documents, perjury, gifts above limit, wrongful influence, accepting bribes, conflict of interest
Yolanda Salcido, 55, former Southwestern College board member, is accused of filing false documents, perjury, gifts above limit, wrongful influence, accepting bribes, conflict of interest
John M. Wilson, 63, retired Southwestern administrator, is accused of filing false documents, perjury, gifts above limit, wrongful influence, accepting bribes, conflict of interest
Pardon My Blog
February 25th, 2013
6:32 am
So Eugene Walker says he works for God? Is he referring to Womack? (Remember when Womack said he was God!)
Pardon My Blog
February 25th, 2013
6:46 am
I think Dunwoody Mom hit on something in a previous post when she pointed out that the Georgia Constitution is clear about ensuring a good education for its students. The actions of not only some of the members of this Board but also Superintendents, Interim Superintendents and their hires in the administration have done more to destroy the educational opportunities for the students.
This is so wrong on so many levels and the consequences do reach beyond DeKalb County and affect the whole State. Why in world would anyone think Atlanta would have a chance to host another Olympics because the biggest problem in 1996 was the greed and selfishness that is being exhibited by some of these Board members.
I would hope that these Judges would look at who is really being harmed here and do the right thing by letting the Governor step in and try to right the ship. Do they really think losing accreditation (and that is where we are headed) would be best?
markoo
February 25th, 2013
6:50 am
I suspect if it really was God’s will was that Walker be on the school board, God would have given him the talent necessary to do the job.
mountain man
February 25th, 2013
6:55 am
“I think Dunwoody Mom hit on something in a previous post when she pointed out that the Georgia Constitution is clear about ensuring a good education for its students”
ADEQUATE education.
mountain man
February 25th, 2013
6:56 am
“Do they really think losing accreditation (and that is where we are headed) would be best?”
They don’t care about anything but their jobs (and maybe family members’ jobs). I hope SACS strips Dekalb’s accreditation.
fondu
February 25th, 2013
7:08 am
mo money mo money mo money$$$$$$$$$$$$$$
concernedmom30329
February 25th, 2013
7:11 am
Charles Edwards,
Have you studied the academic achievement levels of students in DeKalb as compared to Fulton and Gwinnett? Your leaders have failed you. They have selected weak, incompetent superintendents who in turn have appointed the same kind of people as leaders of schools. These principals then make dreadful hiring decisions at these schools.
So, you go worry about fairness. I will worry about a whole generation of DeKalb students, mostly African American and poor, being lost. Shame on you.
HENRY A. TURNER, ATTORNEY AT LAW
February 25th, 2013
7:23 am
Ms. Downey:
What is the Case Number for this litigation in the Northern District of Georgia? Haven’t been able to locate it. TIA
bootney farnsworth
February 25th, 2013
7:32 am
if the state with holds funding until the board resigns, win win for everyone. the voters of DeKalb have the option to keep the gang of six and do what they wish – within the realm of what the taxpayers of DeKalb can afford.
the argument about working against the will of the voters runs into trouble when the DeKalb voters are electing people who are incorrectly using the states money.
bootney farnsworth
February 25th, 2013
7:34 am
tune in later today as Gene the machine walks on water at Stone Mountain.
he would be razing the dead at the Decatur cemetery – but they’re out of district.
bootney farnsworth
February 25th, 2013
7:38 am
something about what that moron Carter said bother me. and it should bother all of you as well.
King called for people to judged not by the color of skin, but by the content of their character.
only black democrats can make decisions about mostly black kids flies right in the face of that concept. it would appear the bigotry issue in the Carter family is a genetic trait after all. passed from one loser to another.