They’re out. Governor removes all six DeKalb school board members. Bring in the lawyers.
Setting the stage for a court battle, Gov. Nathan Deal just announced at a press conference that he is removing all six veteran DeKalb school board members.
He has created a nominating committee to find replacements. The committee includes former DeKalb Schools administrator Garry McGiboney, who is now with the state Department of Education, state board member Kenneth Mason, former state board member Jim Bostic, Sadie Dennard, education chair, DeKalb Chamber of Commerce, and Alicia Phillip, president of the Community Foundation for Greater Atlanta.
Former state and DeKalb school board member Brad Bryant will be liaison between the district and the governor’s office. (Interesting that both McGiboney and Bryant were mentioned to me as possible superintendent candidates before Michael Thurmond was hired two weeks ago.)
Deal was apparently not moved by a last-minute appeal from Thurmond who testified last week at the state Board of Education hearing that he could work with this board and that its removal will make his job harder. Nor was Deal moved by some in the DeKalb delegation who sought alternatives to the controversial removal of elected officials.
Deal’s actions could still be reversed as there are two court hearings this week on lawsuits filed by the school board. A federal judge has already said that Deal can suspend the six, as he chose to do today but he can’t name replacements, pending the outcome of a Friday court hearing. A Superior Court judge will hold a hearing Thursday.
And Deal acknowledged the precarious nature of his DeKalb decision today, saying, “Certainly, the final determination by either the Superior Court or the federal court could affect the final disposition of this matter. But we don’t know what that will be at this point. I feel it’s my responsibility to act as the current law stands.”
So, DeKalb remains in the legal limbo that we began discussing Sunday here on the blog.
–From Maureen Downey, for the AJC Get Schooled blog
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244 comments Add your comment
indigo
February 25th, 2013
4:12 pm
And, when these “all six DeKalb school board members” sue to get their jobs back, who will pay their legal bills?
bu2
February 25th, 2013
4:14 pm
@Fred
2 of the others were elected in 2010 in districts that “threw the bums out.” Only 4 of the 9 have ever been re-elected.
@HT
Dr. Walker was re-elected with 56% of the vote in 2010 according to the AJC against Ella Smith.
bootney farnsworth
February 25th, 2013
4:14 pm
what was amazing was to listen to Gene the machine’s presser. according to him, not one of them, ever, did anything wrong. ever
and he would ,know, being so tight with God
bootney farnsworth
February 25th, 2013
4:15 pm
the next step is to sue the gang of six in civil court
AR
February 25th, 2013
4:16 pm
This is a serious question. How will the nomination process work. Usually with a nominating committee, they give their slate of proposed officers, and then if there are no other candidates who want to serve, then the slate is accepted. Once the nomination committee makes their recommendations, then who accepts the nomination. Also, how would one go about getting interviewed by the nominating committee? I am interested in serving my district, and want to know how I can be a part of the process.
bootney farnsworth
February 25th, 2013
4:16 pm
its a pipe dream, but it would be sooooooooooooooooooooooooooo nice if the decent members of the gang of six would just walk away
bu2
February 25th, 2013
4:17 pm
Any word on the time frame Deal gave them to get back with recommendations? Even if Deal wins in court, we are shut down until he nominates someone.
Fred ™
February 25th, 2013
4:18 pm
bootney: I rarely agree with you but I LIKE that idea. Sue the dirty rats to recover the money we spend in court costs.
Fred ™
February 25th, 2013
4:19 pm
bu2: What if the judge rules Nathan can’t replace them? What then? Another election? The CEO (Burl Ellis) replaces them? As others have asked, what stops the ousted losers from running again if there is an emergency election?
This one is TOUGH and deep…….
bu2
February 25th, 2013
4:19 pm
@indigo
Dekalb taxpayers will. And state of Georgia taxpayers are paying the attorneys for their side. So Dekalb pays twice.
Maureen Downey
February 25th, 2013
4:21 pm
@Fred, I think they can run again — nothing in the law prohibits them from doing so. And nothing stops voters from sending them back to the board.
Maureen
Fred ™
February 25th, 2013
4:21 pm
AR: If you are a Republican I’m sure Nathan would LOVE to have you. Contact his office………. I’ll bet bribes are accepted.
Mountain Man
February 25th, 2013
4:21 pm
“its a pipe dream, but it would be sooooooooooooooooooooooooooo nice if the decent members of the gang of six would just walk away”
I can see Dr. Walker leading race riots if he is thrown out of office. I am sure Jesse Jackson will be there.
kaitsmom
February 25th, 2013
4:22 pm
Is there any law that prevents them from running again? If not, a law should be enacted to prevent them for running for the same position you were removed from. I am afraid the same uneducated people will vote their beloved representatives right back in. And please do not say Dekalb will get what it deserves if that happens. Some of us would love to sell our house and not give a flip about what happens but we can’t.
Fred ™
February 25th, 2013
4:23 pm
That’s what I thought Maureen, thanks. To say this is unprecedented is a gross understatement. It is very rare that I don’t know what to think on a matter lol as I am very opinionated. I have been mulling this one over since it came up and I am still at a loss.
Mountain Man
February 25th, 2013
4:25 pm
“What if the judge rules Nathan can’t replace them?”
Then I think the current Board members stay in place. Deal has not yet suspended them, so they have until next Monday to get work done. Maybe a balanced budget?
JLM
February 25th, 2013
4:26 pm
Great Move!!!
Mountain Man
February 25th, 2013
4:26 pm
“Some of us would love to sell our house and not give a flip about what happens but we can’t”
So the majority drags the minority down to its level.
bu2
February 25th, 2013
4:27 pm
If Deal loses in court, they stay in their jobs. Of course the judge could extend the limbo (with the new ones and old ones both unable to act) until trial, but that seems unlikely.
Hopefully we will know this week if they are in until the trial or out until the trial. Of course if they get kicked out and win, does that invalidate everything Deal’s board did? If they get a temporary stay and eventually lose, does that invalidate everything they do? Its a mess.
Every level of Georgia government is dysfunctional. Cities suing counties, school districts suing the state, counties suing their citizens who want to form a city. Its just a mess.
bootney farnsworth
February 25th, 2013
4:28 pm
@ mountain,
there is a big difference between Jester (semi classy) and Walker (race pimp)
bootney farnsworth
February 25th, 2013
4:30 pm
memo to Gene the machine Walker
do you hear the voice of God now? it just spoke loud and clear, and through of all weird vessels, ole Nate Deal
bu2
February 25th, 2013
4:31 pm
@kaitsmom
I think such a law would certainly lose. The constitutionality of the law to remove them in unclear. Stopping them from running again without specific charges against individual board members and due process could not possibly pass muster.
bootney farnsworth
February 25th, 2013
4:31 pm
@ Fred
this whole thing is gross, in every possible use of the word
bootney farnsworth
February 25th, 2013
4:33 pm
by now both Jesse Jackson and Al Sharpton are racing for the airport. wonder which one will get here first?
and will Obama get involved? this kind of circus is tailor made for a politician
DeKalb Rising
February 25th, 2013
4:35 pm
Doesn’t Jim Bostic live in Sandy Springs?
kaitsmom
February 25th, 2013
4:35 pm
@bu2 I think you are right. Heaven helps us, I think Sara, Gene and Jay’s egos are big enough to tell them to run again. I am actually Ok with Nancy and Pam running again.
bootney farnsworth
February 25th, 2013
4:38 pm
so what does this mean for Thurmond?
kaitsmom
February 25th, 2013
4:44 pm
Thurmond gets to do his job without the threat of interference. He does not have to feel beholden to the group that hired him. He may have a chance of succeeding now. He should be able to focus on what he was hired to do. Take care of the Children. He might actually be relieved they are gone.
Private Citizen
February 25th, 2013
4:45 pm
I think posting the song lyrics are okay for two (three?) reasons:
1. Using song lyrics is a good idea in general. Kids connect to it. If you’re using lyrics from some bad-dude or bad-girl, you edit out the bad words, which is what this teacher did.
2. I do not like the racial profiling aspect, as others have said, but fact is that Obama is the sitting president and it is relevant. It’s true that Rosa and Martin did some tough work. It’s also true that Rosa was recently facing eviction from her apartment because she doesn’t own her own home, but I thing someone attended to it. I.e. “Rosa” is still in play today. http://www.nbcnews.com/id/6659487/#.USvaZhx3_vo
3. I was thinking it might be closer to say that Sidney Poitier laid the ground work for President Obama… and Jackie Robinson… and Charlie Pride.
Imagine being some Laotian kid and going to school and seeing the Rosa -> Martin -> Barack thing during “Black History Month.” Kid would probably be thinking, “Oh, no, not again.” Point is the black-centric thing does get tiresome. Maybe it is running its course.
Kathy
February 25th, 2013
4:45 pm
Perhaps now things can move forward to save the system from losing it’s accreditation. If the Dekalb School System loses it’s accreditation, not only will the children suffer, but the entire county. I worked in Clayton County right after they lost theirs and it was like a ghost town even after they got it back; businesses closed up and/or moved out of the county, and soon after the bus system shut down. Dekalb County can’t take another hit, let’s see the CEO is under investigation, the police department is under investigation, the head of Watershed Management just announced he is resigning effect March 8, 2013. Dekalb County is in need of some serious prayer.
Private Citizen
February 25th, 2013
4:49 pm
bootney, It means Mr. Thurmond performs a function and gets a nice big fat paycheck for a while. I expect he knew what is up all along and is graciously performing some “face time” and “dignity” for the parties involved, which was probably the point of the 14 hour hearing, letting everyone vent and do their thing, whereas obviously there was absolutely no decision making going on at the hearing. It was basically a humane act to give “face” as they say in the Asian culture, something considered to be very important.
Shrek4259
February 25th, 2013
4:51 pm
If the courts strike down our law that gives the governor this option, then we will amend the const next year like we did when they ruled against us on charter schools.
Private Citizen
February 25th, 2013
4:54 pm
Kathy, There’s already plenty of boarded up properties and places / houses for sale in DeKalb County. I drove by a couple of big vacant multi-building boarded up apartment complexes. It was weird. Not exactly blight, it was controlled, the grounds were kept up, but let’s hope there’s no more of it.
Dave
February 25th, 2013
4:57 pm
Am I right that there is no operating school board? The three that weren’t dumped don’t have a quorum. The six that were dumped are “suspended” and can’t act under federal Order. They haven’t been replaced (and were they the Order says the replacements can’t do anything.
Understanding Atlanta
February 25th, 2013
4:58 pm
While they are duly elected officials, they haven’t been doing their job. While I’m not a fan of the law I understand why it exists and we’ll see on Friday what the ruling is. I do believe it’s time for new leadership on the school board that understand their role isn’t to run a school system, it’s to provide oversight and set policy. When the board attempts to influence the daily operations of the school system it’s bound for disaster and that’s been the case for DeKalb since the days of James Halford.
Board members have more selfish motives and aren’t looking at what’s best for the overall system. This allows voters to put in people who understand that I need to put the system first. Everyone isn’t going to get what they want all the time, especially when you’re seeing population shifts and declining enrollment. But if it doesn’t benefit my district its a no-go is not how you run a school system.
SouthernMan1
February 25th, 2013
4:58 pm
Have they tried to blame this on Bush, yet? I’m sure it’s coming. Watch those six pitch a fit now and scream it’s not their fault, it’s racism, it’s blah blah blah. Anything except own up to their own incompetence. Good job, Governor. And good job to you, too, Maureen, for keeping us informed. Bless you.
Beverly Fraud
February 25th, 2013
4:59 pm
Actually in the longest of long runs, DCSS and education in general might best benefit from a long, drawn out trial where the secrets of SACS are exposed in full view.
There is probably enough evidence to sway even Boss Hogg’s most ardent supporters, , but it appears SACS might be so knee deep in political power plays they want to keep their info secret, and thus they gave Boss Hogg a leg to stand on.
Boss Hogg ain’t going nowhere; I suspect he knows Markie Mark wants no part of having the inner working of SACS exposed.
DeKalb Inside Out
February 25th, 2013
4:59 pm
Does it bother anybody that the State BOE and the Governor have blatantly broken the law, § 20-2-73, by not removing everybody? Is this a lynch mob feeding on the frenzy of revenge?
Legal Bills – When the current legal battle come to a natural end, I’m sure the NAACP will be happy to pick up the banner and the ensuing legal bills.
AR, If you’re interested in serving your district you should run for the board seat next year. Now is a perfect time to start ramping up.
Private Citizen, Pontius Pilot … no kidding. Rule of law is out the door. Given the frenzy, no telling how this week will turn out.
HENRY A. TURNER, ATTORNEY AT LAW
February 25th, 2013
5:01 pm
Unfortunately, at least with the Dekalb County Board of Commissioners, legal fees advanced by the Taxpayers for defending Commissioners if they are found liable (re: Vernon Jones in the Title VII reverse discrimination lawsuit) are not required to be repaid, unlike in the private sector. Strongly suspect (don’t know for sure) the same arrangement applies to the Dekalb BOE Members.
Mary Elizabeth
February 25th, 2013
5:04 pm
As I had mentioned in a previous post on this blog, precedence will be set by how Governor Deal handles this unfortunate educational situation, which will effect citizens throughout Georgia, well into the future.
With that in mind, I wish to post on this blog what I had just posted on Jim Galloway’s blog (under my new handle of “MaryElizabethSings.”) The part quoted, below, has been excerpted from the article written by Jim Galloway regarding this same subject.
==============================================
“. . .I ran into state Sen. Fran Millar, R-Dunwoody, who may work with Carter and other Democratic senators on legislation that would give a governor a broader range of options in the future.”
==============================================
Among those options given to a governor, hopefully, will be a means whereby members of Georgia’s State Board of Education, or other designated educational professionals, will be assigned to offer help and support to a public school system, or a public charter school, that may be in jeopardy of losing its accreditation, instead of simply removing duly elected school board members, unless criminal charges against individual board members have been proven true.
Support, rather than condemnation, is a more positive precedent to set, in order to improve any school situation of this unfortunate nature which may materialize in the future.”
BenDaho
February 25th, 2013
5:04 pm
MiltonMan
February 25th, 2013
3:19 pm
Gov. Deal – big mistake there! If the idiots of DeKalb county want to keep electing morons within the county, let them. You could appoint Jesus Christ himself to the board & it would not help the dump of a county.
Agreed. You hear that moving van cranking up? It’s the folks who care about their kid’s education moving out of defraud county, leaving the children of parents who only care about government provided babysitting, er..education to people of their own skin color. When they gradgitate high school with their drooping pants exposing their boxers and sideways ball cap speaking street language wondering why they can’t get a job, you have the people you put on the board of education to thank.
DeKalb Inside Out
February 25th, 2013
5:05 pm
Walker Election
Walker’s win came from came from the support of the affluent Emory/Fernbank area. This analysis talks about the relationship between Walker and the Emory area.
“Walker one four precincts in the Emory area. Not only did he win them, he won them by double digits.”
Precinct Numbers
Run for the hills....
February 25th, 2013
5:06 pm
This teacher exodus is real. Only the best most experienced will find jobs in this environment. My wife teaches in another district and the Dekalb teachers at my kids school have been reaching out to her about jobs outside of Dekalb. Moving is an option for us if things do not get better soon.
stallotiger
February 25th, 2013
5:09 pm
This great, now if the school board was doing there job, most of the people would be out in front fight for them to keep there job, but some of choices they have made over past few years have been bad choices, like the lawsuit and continue to pay for Crawford Long legal fees. Where they are cutting teacher salaries and good programs to enrich our children education.
td
February 25th, 2013
5:10 pm
If the ousted board members run for office again and get re elected by the voters then the children of the county will get everything their parents want them to have. NOTHING
dekalbite
February 25th, 2013
5:16 pm
I’m more bothered that the Board ran a deficit budge which was against state law and there has been no investigation or prosecution. This summer DeKalb had to borrow $90,000,000 (interest not included) from FUTURE tax appropriations because they could not pay the teachers who instruct students along with the other employees:
http://www.ajc.com/news/news/local/school-system-to-borrow-millions-for-daily-operati/nQW89/
If you suck this $90,000,000 out of the future, you are deeper in the hole forever. This was robbing Peter to pay Paul. That’s why it’s illegal to do this:
http://www.audits.ga.gov/NALGAD/36812-6.html
Nancy Jester told the BOE members they were underestimating many line items and they would end up with a deficit especially since they had spent down ALL of the Reserve funds. They did it anyway even after she showed them the math. That is why the state auditor was so concerned in the SBOE meeting the other day. He knows what they did was against the law. That seems to warrant at least an investigation to me.
dekalbite
February 25th, 2013
5:17 pm
Is this post discussion under moderation?
Beverly Fraud
February 25th, 2013
5:18 pm
@MEsings
“will be assigned to offer help and support to a public school system, or a public charter school, that may be in jeopardy of losing its accreditation,”
How can the help not be anything but political in nature as long as the “jeopardy” comes from political power plays orchestrated by SACS.
What if El in Atlanta had lost his job and filed suit? You think Markie Mark would have wanted to explain under oath why he though a woman who actively conspired to cover up cheating who be the best board chair to provide “good governance?
Now if there were integrity in the accreditation process (GAC perhaps) then MEsings, perhaps you are on to a productive solution.
indigo
February 25th, 2013
5:20 pm
bu2 – 4:19
So, if we don’t want our tax money to go to paying their legal fees,we are just crap out of luck?
Only in America.
mountain man
February 25th, 2013
5:21 pm
“Walker’s win came from came from the support of the affluent Emory/Fernbank area”
So Walker learned how to pander to the Fernbank crowd so he could keep his seat and employ his relatives. AND he works for GOD.