DeKalb in federal court today but no decision from judge

Update at 7 p.m. : The  federal court hearing lasted just under three hours. The judge did not rule yet. He wants to consider all the arguments. I will write up the hearing later. But it was much of the same stuff said at the state hearing.

Despite last-ditch efforts to avoid a court battle, the DeKalb school board drama will move to a federal courtroom this afternoon.

School board member Eugene Walker says his reputation is at stake and he intends to wage battle in court.

It remains unclear whether the DeKalb school board’s vote to hire former DeKalb DA Bob Wilson essentially amounts to a blank check for legal fees;  I am trying to find out whether the taxpayer funding for this lawsuit has any limit or does it flow to the bitter end.

Concern over the use of taxpayer funds to finance this legal battle has led State Rep. Mike Jacobs, R-Brookhaven, to propose  a law that would prevent suspended school board members from using taxpayer dollars to mount a protracted legal effort to keep their jobs.

His House Bill 468 states: “A local board of education shall not expend any public funds for attorney’s fees or expenses of litigation relating to removal proceedings pursuant to this Code section except as necessary for its defense at the hearing before the state board as provided for in subsection.”

Among those signing onto the bill was state Rep. Mary Margaret Oliver, D-Decatur, who said, “Spending taxpayer money to save your elected job to avoid SACS sanctions is just wrong.”

In polling board members on whether they are willing to resign to avoid what could be costly and protracted court battle, AJC reporter Ty Tagami reports: School board member Pam Speaks said at a state hearing last week that she would resign rather than fight for her seat. Nancy Jester and Donna Edler have expressed uncertainty when contacted by the AJC. The other suspended board members — Sarah Copelin-Wood and Jesse “Jay” Cunningham — could not be reached for comment.

Walker, the former DeKalb school board chairman, told Tagami that he expected the five other deposed board members to fight on, too. “Why would they resign?” said Walker. “If they did, it would shock me.”

In an analysis of the stakes in this fight, Tagami reports:

A drawn-out legal fight could have its own consequences. The board’s three remaining members don’t have a legal quorum to make decisions for the district’s nearly 100,000 students. Deal could eventually appoint replacements, but the process to remove the suspended board members takes two to five months. Interim superintendent Michael Thurmond has said it would be destabilizing to simultaneously have appointed and suspended but unremoved board members.

Adding to the complications is a DeKalb policy that says the local school board, by majority vote, should fill any vacancy that occurs at least 90 days before a general election. If any members resigned and the lawsuit succeeded, then the remaining members would have a hand in picking successors. That may weigh on the minds of the historically fractious board.

School board member Pam Speaks said at a state hearing last week that she would resign rather than fight for her seat. Nancy Jester and Donna Edler have expressed uncertainty when contacted by the AJC. The other suspended board members — Sarah Copelin-Wood and Jesse “Jay” Cunningham — could not be reached for comment.

Some DeKalb lawmakers, frustrated by what they see as an overreach by the executive branch, are pushing to rein in Deal’s powers. State Rep. Dar’shun Kendrick, D-Lithonia, said she was mulling legislation that would allow the governor to replace school board members only after collecting signatures from voters in their districts for a recall.

“I just want people to calm down and take a look at the other side,” said Kendrick, who warned that voters could be “usurped” by state officials. “Think about what this kind of precedent will shape politics moving forward.”

State Sen. Emanuel Jones, D-Decatur, said the powers lawmakers gave the governor were “intended to be a club that no one would ever use.” Now that he’s used them, Jones said, it’s time to rethink that authority.

“I’m hearing concerns about the process. The governor didn’t put the process in place – the Legislature did,” said Jones, D-Decatur. “And we have the responsibility to rework the bill.”

The governor’s office wouldn’t comment on whether the law needed tweaking, but it said Deal had little choice but to take the one “legal step at his disposal” and suspend DeKalb’s board members. “While others fight on behalf of the people who brought the school system to the brink, Governor Deal will fight for our children and the home values of residents throughout DeKalb,” said Deal spokesman Brian Robinson.

–From Maureen Downey, for the AJC Get Schooled blog

166 comments Add your comment

ajax

March 1st, 2013
6:22 am

Let’s see. The accreditation board doesnt want you there. The parents dont want you there. The governor doesnt want you there. I am sure the students dont want you there. At some time, these idiots have to realize that no one wants them there.

reality check

March 1st, 2013
6:24 am

A protracted legal fight will inevitably result in lass of accreditation. Any board member who doesn’t realize that and resign is stupid and selfish. I would add Walker is also corrupt.

In the end voters in DeKalb have themselves to blame for electing incompetent officials.

mountain man

March 1st, 2013
6:34 am

Dekalb County, the NAACP, and all those Board members deserve whatever they get. The children will lose out, but, hey, who cares about them? Let all caring parents move out of Dekalb county (or should we just refer to it as Clayton County North?)

Cindy Lutenbacher

March 1st, 2013
6:38 am

It’s hard to imagine that board members would fight the suspension when it could have some disastrous results for the children of DeKalb. Yet, Mr. Walker at least seems determined to do just that. I have a lot of respect for Dr. Speaks for being willing to step down.
At the same time, I have no trust in Governor Deal’s ability to replace board members with worthy folks.
What a royal mess.

mountain man

March 1st, 2013
6:47 am

“It’s hard to imagine that board members would fight the suspension when it could have some disastrous results for the children of DeKalb. ”

Why is that so hard to imagine? The entire reason they are on the verge of losing accreditation and the reason they are being suspended by Deal is because they put feathering their own nest WAY ahead of any concerns for the students.

Mad

March 1st, 2013
6:52 am

To Mountain Man, NO you refer to it as Dekalb County Period!!! Clayton County is not in this MESS, been there, done that!!

WilieJo

March 1st, 2013
6:58 am

If Walker had any integrity he would get a bag for his head to hide his shame. Instead he will get a lawyer and use taxpayer funds to drag this out, endanger accreditation and harm the kids.

concernedmom30329

March 1st, 2013
7:01 am

Cindy

The members of the committee that Deal appointed are really high caliber. I suspect Deal will go with their recommendations. The scary thing is who will want these positions. As we have seen with Melvin Johnson’s election, there are plenty of people out there whose main goal is to protect the status quo of friends and family.
Hopefully, the committee will see through those candidates.

bootney farnsworth

March 1st, 2013
7:02 am

further proof the legislature is full of idiots. Jones says they gave the governor a club he was not intended to use?

bootney farnsworth

March 1st, 2013
7:05 am

I urge the citizens of DeKalb to sue Gene Walker if he uses your money to try to keep his job.

mountain man

March 1st, 2013
7:06 am

“Jones says they gave the governor a club he was not intended to use?”

Sort of like a sequester. Or bringing a gun to threaten someone with. What if they call your bluff? Then you had better be ready to “use your weapon”. If you don’t want it used, don’t bring it.

mountain man

March 1st, 2013
7:08 am

“To Mountain Man, NO you refer to it as Dekalb County Period!!! Clayton County is not in this MESS, been there, done that!! ”

So are you saying that I am insulting Clayton County by comparing it to Dekalb? That IS sad!

Principal Skinner

March 1st, 2013
7:08 am

Prediction: The Fed Court schedules further hearings, which only results in more delays………….while the students and teachers of DCSS suffer…………..and the taxpayers’ $$$$$$$ is wasted on, and by, a pathologically inept group of selfish individuals

Pardon My Blog

March 1st, 2013
7:15 am

Walker damaged his own reputation years ago by his own misdeeds, he just doesn’t like the fact that someone has finally called him on the carpet about it and it is very public.

The DeKalb NAACP is in a delicate position. It is not about voting rights being taken away, these districts (unless I am mistaken) will probably get a special election to vote for a replacement that has applied and is qualified to run. Instead, the NAACP is choosing to fight for some of these individuals who have repeatedly “raped” the system and therefore have potentially damaged the educational opportunities for the students they supposedly are working for.

@concernedmom – Yes, Melvin Johnson is more of the same. He was part of the Clew crew and will work to further that agenda if he can.

bootney farnsworth

March 1st, 2013
7:16 am

more than ever I’m convinced the State should pull all its funding from DCSS. let DCSS stand or fall based on DeKalb tax revenues and whatever they can con from the Fed.

while I personally feel DCSS has reached such a dysfunctional state Deal had the right to lower the boom (note to Emmanuel Jones – never give someone a weapon you don’t want used. moron), the situation is also so bad the good citizens of DeKalb deserve it.

its time Georgia overall makes the tough decision we can’t save those who actively refuse to save themselves.

bootney farnsworth

March 1st, 2013
7:18 am

God must have told Gene to completely destroy the system and himself in the process.

just further proof having a Ph.D. doesn’t mean you know enough to come in out of the rain. what is Gene’s Ph.D. in, anyways?

bootney farnsworth

March 1st, 2013
7:27 am

@ mountain

once, a looooooooooooooooooooong time ago I was attending a party. there was one obnoxious fool who was running around grabbing the female guests by the privates, crashing conversations, and (worse of all) hogging the keg. and no one would do anything about it – he was sorta big and in the “in crowd”

so I confronted him, and got a Gene the Machine kinda response, punctuated by “so whatcha gonna do? make me? ” with an invitation to hit him. so I did. hard. side note, I know how to box and wrestled in school. plus I was sober and he wasn’t

the first thing he did when he could draw breath again? cry about the fact I honored his request and hit him.

the parallels are amazing to DCSS and Gene the machine,aren’t they?

"Increase the Dole"

March 1st, 2013
8:05 am

Question for ANYONE, how does this new thing about taxes and homeowners being able to direct money to another (private) school work? If my son attends a private school, but not in Dekalb, can I direct my tax money there?

just a mom

March 1st, 2013
8:12 am

“School board member Eugene Walker says his reputation is at stake and he intends to wage battle in court.”

His reputation – lol.

BT

March 1st, 2013
8:22 am

What amazes me is that if this dysfunction was in the corprate world, they would be FIRED! No due process, no lawsuits!! It is obvious that the DCCSS is in trouble and by keeping these clowns on is beyond me.

kidsfirst

March 1st, 2013
8:28 am

These school board members using Dekalb money to save their jobs obviously do not belong their. Their whole argument is that the law is unconstitutional because it removes the right of the voter. Hey, I hate to tell them, but this has been done for over a century. Its called IMPEACHMENT!! Both elected and non-elected officials have been impeached and some have been removed. Bill Clinton was impeached. If the senate voted, they would have removed him as the sitting president. There are many other instances, both on the national and local level, in which elected officials are removed from office. But, you taxpayers in Dekalb will pay almost a $1m if not more in legal fees to get that from the judge. Sad sad.

Private Citizen

March 1st, 2013
8:43 am

If anyone needs a bouncer for their party, bootney is available for a side gig. He’ll even bring some LED solar garden lights and stuff.
________________

Might it help if the “federal court” is expedient in addressing the case?

Mountain Man

March 1st, 2013
8:49 am

“just further proof having a Ph.D. doesn’t mean you know enough to come in out of the rain.”

You are referring to a “piled higher degree”?

Mountain Man

March 1st, 2013
8:51 am

“The DeKalb NAACP is in a delicate position.”

They obviously do not care about Advancing the colored students of Dekalb county.

Cammi317

March 1st, 2013
9:08 am

This whole scene is so flipping embarrasing! These nuts were more concerned about holding a position then they were about actually doing the jobs they were elected to do. They had the chance and blew it, and now they want to run up tax payer money trying to hold on to positions where they fell short in their job duties. Now that dumb representative from the NAACP’s sound bite about “we have bled to long to be thrown out” and how other black representatives should feel bad that black people are about to lose their positions!?! What the heck does any of that have to do with educating the children of DeKalb County????????? This is not a Civil Rights issue, this is about a defunct board who has failed our children.

I am a black female who graduated from a DeKalb County high school in 1989, Clarkston High School to be exact. The school system was waaaaaay better 24 years ago, including the quality of teachers and the education received. I have a daughter who is currently in 9th grade and I made the decision after 6th grade to place her in private school. That was not an easy decision as I am a single mother it takes a good portion of my income to keep her there. However, her education is worth it to me. If these suspended board members truly cared about the children of DeKalb County, they would just step aside and let someone else with fresher views take over.

Mountain Man

March 1st, 2013
9:08 am

Mea Culpa! I admit to everyone on this blog that I have stereotypical views of urban school systems (as I was accused of). Stereotypes are used when there is insufficient data to make a decision on the data alone. I lock the doors to my car when I am in Atlanta and there is a group of “normally-dressed” (pants-on-the-ground) black teenagers approaching. In my defense, I also lock my doors when I am in Dawsonville and a group of “skinheads” are approaching. And I DON”T lock my doors when a group of well-dressed black “businessmen” approach. So, yes, I have stereotypical views.

I was WRONG when I initially assumed that the Grady girl lived in a household with no father – but why not? The statistics made this likely. I used my best guess until I had more information.

Mountain Man

March 1st, 2013
9:13 am

“I am a black female who graduated from a DeKalb County high school in 1989, Clarkston High School to be exact. The school system was waaaaaay better 24 years ago, including the quality of teachers and the education received. I have a daughter who is currently in 9th grade and I made the decision after 6th grade to place her in private school. That was not an easy decision as I am a single mother it takes a good portion of my income to keep her there. However, her education is worth it to me. If these suspended board members truly cared about the children of DeKalb County, they would just step aside and let someone else with fresher views take over.”

Thank you, Cammi317, for saying things that the rest of us cannot say because “we don’t have skin in the game” or “you would not understand, being white”. The STUDENTS are losing in this battle.

BTW, my wife also graduated from Clarkston.

Starik

March 1st, 2013
9:15 am

Boots, the PhD was in History, according to his website. Now I’d like to know the subject of his doctoral dissertation.

skipper

March 1st, 2013
9:21 am

Incompetents electing incompetance. Why do the voters bring folks in who absolutely cannot handle the job. This is a bad scene, and it probably will not get better.

Maureen Downey

March 1st, 2013
9:35 am

@To all, Here is a letter that one parent sent to the board:

It must be very frustrating to have been on the DeKalb County School Board. The SAC probation was the last straw for taxpayers. We are paying how many superintendents from Johnny Brown to Atkinson? Lost textbooks? Questionable hiring practices? Lack of ethics? Deficit spending? Poor teacher morale? Lack of student achievement?

I know many of these problems were there when you arrived on the board. In one term, it would be hard for you to solve the problems.

Now, the state has suspended all of you except those who just took their seats in 2013. It’s hard. It may not seem fair.

Using taxpayer dollars to fight for your jobs when so many taxpayers want a major change is close to criminal. Please leave with your heads held high. I don’t expect the other three board members do so. They have done all they can to secure jobs for family and friends at the expense of teachers’ salaries and classroom funding. We don’t need a TV studio with boring cable programming so certain people can have jobs over $100K when our children’s test scores are in the toilet. We need to put money in the classroom and in the hands of teachers.

Please take the high road. Leave with grace and dignity so we can start rebuild the school system. I think it will pay off for you in the long run. I have no hope for the other three board members to ever take the high road.

Cammi317

March 1st, 2013
9:42 am

I agree 100% with that letter!

Truth in Moderation

March 1st, 2013
9:47 am

ATTENTION DEKALB SCHOOL BOARD:
You might want to consider donating $25,000 to your favorite 501c3 CHARITY.
It seems to have worked for Google….
ht tp://www.bloom berg.com/news/2013-02-28/google-helped-honor-ftc-chairman-during-agency-inquiry.html (remove spaces)

Truth in Moderation

March 1st, 2013
9:54 am

After reviewing ALL the criminal corruptocrats to choose from, I BACK THE DEKALB SCHOOL BOARD. They have FAR MORE integrity.

tired

March 1st, 2013
9:54 am

Why not hold a special election, allowing all the members to fight for their seats with the voters, then we can make our choice. If the people of DeKalb choose to vote these morons back into office, that that is what we get. Please do so before the new school year though, so I can move.

Mountain Man

March 1st, 2013
9:56 am

Maureen – time to get current with the latest news on the Grady girl who shot herself in the leg. Apparently, she wasn’t as good of a girl as her parents and friends were describing.

Pardon My Blog

March 1st, 2013
10:08 am

@Truth – since you Home School and hate public education, why do you care? and why back the School Board? to further the “home school” agenda?

I would like to know when this bill was introduced in the first place, where all the indignation was from Jones and others. Have they done anything in the interim to try to modify this bill? or are they just trying to further their own political agenda?

George S. Patton, Jr.

March 1st, 2013
10:09 am

Pardon My Blog, I am intrigued by your comment related to the “Clew Crew”. Please elaborate and explain. Is it associated with the Divine Nine Fraternity / Sorority system or is it simply a nepotism scheme?

“@concernedmom – Yes, Melvin Johnson is more of the same. He was part of the Clew crew and will work to further that agenda if he can.”

Maureen Downey

March 1st, 2013
10:10 am

@To all, Here is the latest from AJC.com. Unsure why this October hit and run charge is only being made now if the police knew it was her.
By the way, her parents have more to worry about now than whether she gets to go to college.
Read this full story here:

By Christian Boone and John Spink

The Atlanta Journal-Constitution

The Grady High School student who accidentally shot herself in the thigh Wednesday is facing four new felony charges in connection with a hit-and-run incident last October.

Morgan Tukes, who was granted bond Thursday in the shooting incident, spent another night in jail and will have a second hearing Friday in the hit-and-run case, Fulton County sheriff’s spokeswoman Tracy Flanagan said.

Flanagan said Friday that four new charges — all felonies — have been filed against Tukes: aggravated assault on a law enforcement officer, obstruction, fleeing and attempting to elude a law enforcement officer, and reckless driving.

According to a police report obtained by the Atlanta Journal-Constitution, the hit-and-run took place in the parking lot of a McDonald’s on Ponce De Leon Avenue last October. The report said someone in a black Ford Explorer struck a city vehicle and fled.

The report said the driver, allegedly Tukes, refused to stop when instructed to do so by a Fulton County sheriff’s deputy who was working at the location.

On Thursday, Magistrate Judge Jessy Lall Bond set bond at $41,000 for Tukes, 17, in connection with Wednesday’s incident at Grady High. She is charged with a felony — possession of a pistol by a minor — and three misdemeanors: carrying a weapon within a school safety zone, reckless conduct and disruption of a public school.

Judge Lall ordered Tukes to stay 100 yards away from the Grady High campus, prohibited her from possessing a firearm and forbid firearms in the house where she’s staying. A hearing was set for March 14 in Fulton Superior Court.

John Bennett

March 1st, 2013
10:12 am

State Sen. Emanuel Jones, D-Decatur, is either dishonest or unaware of the facts. After the horrible failure of Clayton County schools, the legislature put in place a law to prevent that type of failure in the future. The legislature specifically intended to remove a board of education if accreditation is at risk.
Jones said the powers lawmakers gave the governor were “intended to be a club that no one would ever use.” The legislature built the club to stop a Clayton-style disaster from occurring again. The legislature created the tool to solve a problem that we wish we could have solved during the Clayton melt-down. It is fatuous of Jones to say no one intended the power to be used. The power was created to solve exactly the type of problem we’re seeing in DeKalb. So the question is, Why would Jones concoct such a patently imbecilic excuse for opposing the school board removal?

Father of 5

March 1st, 2013
10:12 am

The letter is focused, thoughtful, well-reasoned, logical, and appeals to a basic sense of decency. The letter is addressed to a group that has not shown the capacity to grasp any of those characteristics. The crux is that “using taxpayer dollars to fight for your jobs when so many taxpayers want a major change is close to criminal.” Indeed. It evidences inability to focus, thoughtlessness, irrational and reactionalry defensiveness, a wholly illogical response to very serious problems, and an arrogance that puts their self-interests way above the critical needs of those they were elected to represent.

If they really cared about Constitutional concerns, they could file amicus briefs with the challenge that is already pending. Walker doesn’t really care about fighting injustice — he cares about his job and his reputation (which will continue to take hits as long as he continues to step on the throats of Dekalb taxpayers). His doesn’t understand that has the ability to help restore his valued reputation by doing the right thing — dropping his suit, halting the $150k wasted to have a law firm train people how to do the jobs that they should already know how to do, and urging his fellow suspended board members to follow his lead and resign. As we all know, the letter above will fall on deaf ears.

bu2

March 1st, 2013
10:17 am

You can’t blame just Walker. You have to blame Deal as well. He DID have a choice. Removing the board members wasn’t mandatory. If he had any sense he would know Walker would fight and that we would be in this position of limbo with no certainty as to what the courts would do. He has Sumter Co. as an example.

And this was not impeachment. Other than Walker being identified as chairman of the board, the report does not identify any board member. There is no review of the evidence. And there are no criminal acts. They are being removed for, as a group, incompetence, interfering with the day to day operations and generally being obnoxious. No official gets impeached so lightly. If that were the criteria, the vast majority of government officials would be impeached.

Lee

March 1st, 2013
10:26 am

@Mountain, re “Thank you, Cammi317, for saying things that the rest of us cannot say because “we don’t have skin in the game”…”

But we do have skin in the game. Walker and Co. are suing the state and it is the state Attorney General who is having to devote time and resources to defend against this suit.

On top of that, I think there is a good probablility that the Dekalb board members will prevail.

If they don’t, then Walker will probably buy some of those “traditional African clothes”, and run for office claiming a political “lynching” by the evil white governor – sorta what mayor Marion Barry did in Washington DC. Given the demographics in Dekalb, he’d be a shoo-in to get elected back to office.

Maureen Downey

March 1st, 2013
10:30 am

@Father, I am hoping the $150,000 training fee gets reduced now that there are so few people left to train. I am curious: Have any of you who live in Johnson’s, McMahan’s or Orson’s districts heard from your newly elected school board reps why they thought this pricey training was necessary given all the less expensive options? I have no doubt that they would expressed skepticism about this deal when they were ordinary citizens. Something about getting elected changes people’s spending habits.
Maureen

Mountain Man

March 1st, 2013
10:33 am

“You can’t blame just Walker. You have to blame Deal as well. He DID have a choice. Removing the board members wasn’t mandatory. If he had any sense he would know Walker would fight and that we would be in this position of limbo with no certainty as to what the courts would do. ”

Are you saying that Deal should have LEFT things the way they were, after the State BOE unanimously recommended he remove them? Just give up without a fight? They created this law to give a recourse in caseof another Clayton County – it needs to be tested in court, in other words, it needs to be used. The “club” failed to scare Walker into quitting on his own, so it is time to hit him over the head with it. The court just has to determine if the club is “constitutional”.

bu2

March 1st, 2013
10:34 am

I’m beginning to come around on the Thurmond appointment. At first I thought firing Atkinson should not have been a priority and bringing in someone without an education background was a poor choice. But the board may well have forseen this situation. An unsupervised Atkinson would have been a disaster. Thurmond’s political skills and managerial skills may be necessary in a period when we essentially have no board (or two boards).

Truth in Moderation

March 1st, 2013
10:35 am

“What amazes me is that if this dysfunction was in the corprate world, they would be FIRED!”

LOL!
It IS in the corporate world. AND THEY ARE RICHLY REWARDED FOR IT!
ht tp://www.youtube.com/watch?v=1eJYYnnTJ3s (remove space)

“I simply do not know where the money is or why the accounts have not been reconciled.”

And what is Jon up to now?

“Former MF Global chief Jon Corzine is mulling a hedge fund launch as reports indicate that he is no longer facing criminal charges in the collapse of the futures brokerage.

Investigators spent 10 months looking into the firm’s failure and the disappearance of about $1 billion in customer money. But they haven’t found anything criminal and are close to concluding that there was no fraud involved.”
ht tp://www.finalternatives.com/node/21325

HMMMMM. IV’E GOT AN IDEA!
Quick! DEKALB SCHOOL BOARD, CALL JON NOW AND TELL HIM YOU WOULD LIKE TO INVEST THE COUNTY TEACHERS’ PENSION FUND WITH HIM.

You will be MADE IN THE SHADE!

sliderule

March 1st, 2013
10:38 am

Maureen

It would seem inferable from the article that the GHS student was identified by witnesses from her mugshot.

Mountain Man

March 1st, 2013
10:39 am

Thank you, Maureen, for posting the update about the Grady girl. Four new felonies – stemming from a hit and run where she also hit a deputy in her escape.

As for your question about why now – perhaps they could not identify the vehicle until she was investigated for the gunshot, then they realized, holy cow, her vehicle is the one we were looking for in this hit-and-run.

Now if someone could clear up the question about the supposed “Bloods” gang hand sign on her facebook page. Us inquiring minds want to know!

bu2

March 1st, 2013
10:49 am

@MM
Tested at the expense of the students? If we have no board, we can’t approve a budget and there’s little doubt we lose accreditation.

I believe its more important to get results than to be “right.” And Deal could have held it over their head until the May SACS review. That also would have given him time to get appointments ready instead of suspending and then starting to look. Having known potential appointments could increase pressure on the board members to step aside, especially if their interests were being represented. Instead, we have Deal saying, “Trust me.”

Now I didn’t think it was “right” to remove them in the first place. Dekalb was not electing the same old idiots every time. 3 of the members were brand new and 2 others were elected 2 years ago. So a majority of the board had little or nothing to do with the problems. And at least 3 of the 4 others were likely to get defeated in the next election (one barely won last time, one barely won and her seat is going away, two others will be in the same district).

Mountain Man

March 1st, 2013
10:58 am

“Tested at the expense of the students? If we have no board, we can’t approve a budget and there’s little doubt we lose accreditation”

Deal didn’t file the test case – Walker and company did. Why did they not just accept the reappointment of interim board members while fighting to get their jobs back – why file for an injunction to prevent Deal from appointing new board members? They just want maximum leverage.

HENRY A. TURNER, ATTORNEY AT LAW

March 1st, 2013
11:05 am

It’s likely that whoever losses before Judge Story today concerning the TRO (which apparently is what the Hearing today is about) will seek permission to appeal to the 11th Circuit (the appeal would be discretionary since ruling on just the TRO is not dispositive of the entire case). Unfortunately, unless the Governor can replace these Board Members there is no quorum and the Taxpayer funding of legal fees likely can’t be stopped.

bootney farnsworth

March 1st, 2013
11:08 am

somebody catch me up here.

while I’m not surprised the NAACP may be getting involved, I missed it. when did they ride in on their non white horse of color to “save us?”

perhaps is they were more concerned about how black children and taxpayers are getting the shaft by Gene the machine…..but then they would lose future potential members.

for somebody who was so outraged an un-elected entity could have so much influence, he should be outraged NAACP interference

catlady

March 1st, 2013
11:12 am

It appears the letter was just addressed to three of the six, not to the whole group.

As to the young woman, perhaps they should ban her from the area near various McDonalds. Of course, that would mean very few places she could go. It really seems like she is in a world of trouble. And, yes, you do have to wonder why she wasn’t arrested earlier on those felonies. Is this the way the police always do–ignore the “little” felonies?

Anonymous in DeKalb

March 1st, 2013
11:13 am

So now we’ll see if playing the race card works better for them in court—than in the Governor’s office.

jarvis

March 1st, 2013
11:15 am

We don’t homeschool because we like for our children to know different types of people. Not everyone is raised in a home like ours, and we believe that it will do our children a lot of good to interact with different types of people.

Also, Moderation likes to preach his numbers on homeschooling. Take a look at the socioeconomic status of most homeschooled kids (white, two parent homes earning in excess of $85K per year), and then look at the their socieoeconomic equals in public school. They’re almost identical.

bootney farnsworth

March 1st, 2013
11:18 am

@ jarvis

I didn’t homeschool mine because teaching is not my primary skill set. so I decided instead to be involved in their schools.

the major problem, IMO, is that all the advocates have a my way or the highway approach. its almost impossible for them to imagine the one size fits all concept doesn’t work for everyone

Truth in Moderation

March 1st, 2013
11:19 am

“Let all caring parents move out of Dekalb county”
YESSS!
They should move to MANHATTAN, where the fabulously wealthy have TOP NOTCH SCHOOLS!
Nothing but the BEST for the Noble Northerner offspring.

Faye

March 1st, 2013
11:20 am

When all else fails trot out John Evans and cry racism. How can any good African-American leader dare challenge the NAACP?
Never did the NAACP refer to our students in a bankrupt system. Do they even care?
I encourage – no – I plead with leaders in DeKalb to put all students first and challenge the priorities of the NAACP.
I also have little faith that the majority of DeKalb residents will challenge the status quo. John Evans, Gene Walker and others rule — as many believe it should be.

And yes, as a voter in one of the three districts still covered, I do question the action of my board member supporting the expensive “training.” For 10 years board members have changed but not the quality of decision-making.

bootney farnsworth

March 1st, 2013
11:20 am

can’t blame anyone who can for bailing out of DeKalb. its becoming a third world entity. quickly.

CompetenceNotDiversity

March 1st, 2013
11:24 am

I ran across an excellent quote this morning that neatly summarizes why I’m in favor of an appointed Board at this point vs. taking our chances with another election:

“Mediocrity knows nothing higher than itself, but talent instantly recognizes genius.”
–Sir Arthur Conan Doyle, Scottish-born writer

If we allow the low-information voters another chance to elect a board, they’ll just send the same clowns back in. Sorry, this is too important an issue. Maybe when they see what a high-performing board actually looks like they’ll understand.

catlady

March 1st, 2013
11:24 am

Mountain man, good observation about the young woman not being identified until her mug shot was posted. That probably is how she was identified.

paulo977

March 1st, 2013
11:28 am

bootney farnsworth

March 1st, 2013
11:20 am
can’t blame anyone who can for bailing out of DeKalb. its becoming a third world entity. quickly.

____________________________________________________________

Hidden or not that was the agenda all along . So now let’s have a North Dekalb system and leave South Dekalb to ?????

Shrek

March 1st, 2013
11:30 am

Ms. Downey, please help refresh our memory. Did we the voters have this question on a ballot that gave the Gov authority to remove board members of troubled school boards? The only thing I see reported by ajc is the legislators passed the law, not the voters.

bu2

March 1st, 2013
11:30 am

They already had filed. Deal knew it was there before he removed them. And the Sumter case is still pending. They got their injunction so the old board members are still there. Dekalb is in limbo. Remains to be seen what happens today.

Even if Deal gets the injunction removed, we are in limbo until the new board is in. And it appears from the process (allowing board members to re-apply), that can’t happen for over a month even if he had the names today.

Maureen Downey

March 1st, 2013
11:34 am

@Shrek, It was the Legislature that gave the governor this power.
Maureen

bootney farnsworth

March 1st, 2013
11:35 am

@ paulo,

if the citizens of DeKalb wish to destroy themselves, there is nothing we can do to stop them. as Herman Cain says, save the savable.

anyone who sticks it out just because they have some misplaced noble idea they can ride it out or effect change gets what they deserve. that life lesson I learned the hard way

Angela

March 1st, 2013
11:38 am

I just love the title of the article.

Shrek

March 1st, 2013
11:42 am

I remember this question on a ballot. Maybe it was just to get voters opinion like the recent ethics question last fall. I would appreciate an honest answer from someone.

OriginalProf

March 1st, 2013
11:43 am

**Formerly Prof for more than a year, I find someone else has registered under that name with AJC–not me. So now Prof is OriginalProf.**

If you’re calculating the projected legal costs of this removal of the DeKalb School Board, you’d better assume that the decisions will be appealed, no matter what they are.

@ Shrek. Voters don’t vote on proposed legislation, but only on constitutional amendments. That’s the function of our state legislature: they make the laws that all citizens have to follow.

Truth in Moderation

March 1st, 2013
11:44 am

@jarvis

“Take a look at the socioeconomic status of most homeschooled kids (white, two parent homes earning in excess of $85K per year) ”
That’s interesting. It sure doesn’t match my home school group! I didn’t know they kept statistics on us lowly home schoolers. Could you please post the link to them?
Thanks!

Shrek

March 1st, 2013
11:45 am

Prof I remember this question on a ballot. I’m not arguing who makes laws.

bootney farnsworth

March 1st, 2013
11:46 am

its been awhile since I studied Ga civics, but I believe it works this way:

we elect the legislature
we can petition them to propose or enact legislation
we can toss them out if they don’t follow our wishes.

that’s it for us.

so the people of Georgia can petition and recommend legislation, but only the legislators can propose or enact it

bootney farnsworth

March 1st, 2013
11:48 am

ballot recommendations are non binding, except in constitutional matters.

bootney farnsworth

March 1st, 2013
11:49 am

is there any way we can sequester the legislature?

start making cuts in them and their perks until common sense emerges?

Insanity

March 1st, 2013
11:50 am

Greedy and race are the issues preventing DeKalb County citizens from working together to avoid losing accreditation, which will impact everyone living in the county.

Greedy BOE members, who have had plenty of time to remedy the concerns raised by SACS a few years ago, continue to put themselves before the interest of the children attending our schools. Tax payers of all races would prefer that our elected BOE officials work together to focus on the task of restoring credibility with SACS to avoid losing accreditation. Instead, our “elected” BOE officials file a lawsuit with our money to keep themselves in power, proving the one of the primary concerns raised by SACS of financial mismanagement while the SACS clock continues to tick.

The race card is being played by Eugene because as the DeKalb BOE Chairman for the past few years, instead of focusing on the greater good for all DeKalb students, he has focused solely on proving that a black man in power can be worse than any white leader before him.

School system accreditation is not a racial issue, it is a community issue that requires everyone regardless of race, to work together to restore. But rather than unify our BOE members, Eugene prefers to play the race card, pushing the system closer to the cliff. Is his hatred for anyone with a different skin color from his own so deep that he cannot overcome it for the greater good of all Dekalb students?

If, under his leadership, he had focused his efforts on solely on supporting the Superintendent(s), reducing the wasteful school system bureaucracy that now employs roughly 40% more administrators than comparable school systems and being a good steward of the taxpayers money, SACS would not be so close to stripping accreditation from the system he has led for the last few years. Instead, he plays the race card to deflect our attention away from the failures under his leadership.

If he were the CEO of a public company, Eugene would be held accountable for his failures and fired for failing to meet his primary responsibility to rally the community and to ensure that the Dekalb County School System never reached this level of crisis.

Eugene proves that greed and power are common traits of humanity, and that a black man can be just as corrupt or more so than the “white” establishment he so loathes!

Insanity!

OriginalProf

March 1st, 2013
11:50 am

@ Shrek, Mar. 1, 11:42 am. As I recall from newspaper accounts, the ballot for the Republican primary had a list of such questions to get an idea of what their party followers thought. However this isn’t really “an honest answer” since I didn’t see it first-hand…although I did vote in the primaries.

Shrek

March 1st, 2013
11:53 am

So what was the results of the ballot recomm. My google search does show something to my point but the link to Stacey Abrams website is not correct

OriginalProf

March 1st, 2013
11:53 am

More plainly put, I didn’t vote in the Republican primary (and never have).

bootney farnsworth

March 1st, 2013
11:53 am

@ op

what is it Pogo used to say? we have met the enemy, and they is us.

Shrek

March 1st, 2013
11:54 am

So I don’t think Maureen is answering my question. You may be technically correct, but you are avoiding the point!

Maureen Downey

March 1st, 2013
11:57 am

@shrek, I am unfamiliar with any ballot sampling on this question. If so, it was not binding.
Maureen

bootney farnsworth

March 1st, 2013
11:58 am

I do vote GOP primary, mostly since neither party has a lick of sense and for me its the least offensive (not by much) of the two available options.

I honestly don’t remember ever hearing the results, nor seeing it on the ballot. it could easily be because the proposal was so filled with stupid legalese I con’t make heads or tails of it. if I can figure out what the hell they are babbling about, I abstain.

Shrek

March 1st, 2013
11:58 am

What was the result of the question on the ballot please?

bootney farnsworth

March 1st, 2013
11:59 am

my typing stinks today. must be a result of the sequester

Shrek

March 1st, 2013
12:02 pm

Why should I expect anything differently from the AJC writers except the propaganda they want to report? What a biased bunch of hypocrites.

Shrek

March 1st, 2013
12:03 pm

It was a question on a ballot as I remembered, and you tell me that it wasn’t or doesn’t matter. Good grief.

OriginalProf

March 1st, 2013
12:04 pm

@ Shrek, 11:53 am. Those ballot recommendations were only for the guidance of the Republican Party. Since this recommendation became law, I guess that the result was that the Republicans pressed forward to get it passed it into law. …but I think that the support for it was bipartisan. The memory of the Clayton County fiasco with accreditation and its school board was fresh in everyone’s mind.

@bootney. Wonderfully appropriate! Yes, and as I recall, that Walt Kelly comic strip came out just after the McCarthy era.

Shrek

March 1st, 2013
12:04 pm

I guess facts get in the way!

Maureen Downey

March 1st, 2013
12:05 pm

@shrek, Let me get this straight. You say that you voted on a ballot question on school boards. I say that there was no statewide ballot question on that issue. I check our archives for stories on party sampling. No stories. No mention. So, your response is that we are biased and hypocrites because we can’t substantiate a memory you have of something for which I cannot find any documentation.
Wow.
Maureen

bootney farnsworth

March 1st, 2013
12:05 pm

if you wish ballot initiatives to be binding, contact your legislator and propose it.

bootney farnsworth

March 1st, 2013
12:06 pm

@ op

we’re showing our age, bro.

bootney farnsworth

March 1st, 2013
12:09 pm

@ shrek

contact the gold dome for verification. they are obliged to keep a record of everything which ends up on the ballot, and its results.

Shrek

March 1st, 2013
12:10 pm

I don’t care if it was a non-binding question. All I wanted to know is if I remember answering the question on a ballot. It was, so your archives are incomplete. It was asked of us. And you are arguing that it was not. I think you & your facts are wrong on this.

Shrek

March 1st, 2013
12:12 pm

And I expect an apology.

paulo977

March 1st, 2013
12:13 pm

Shrek …..isn’t it amazing the way the facts have been twisted to support Deal? The bottom line is that WE , the voters , are the ones who ought to have the right to unseat them!

Truth in Moderation

March 1st, 2013
12:14 pm

“they’ll just send the same clowns back in.”

Well, it’s time for the North/South Dekalb THEME SONG! (The lyrics are PROPHETIC!)
Take it away Judy!
ht tp://www.youtube.com/watch?v=bZql7ThhaHY

Shrek

March 1st, 2013
12:23 pm

Even the honorable Stacey Abrams argues that a recall is stacked against the people so I don’t want to hear just recall them. Please, when the leader of the democrats say get rid of them, I have to believe you people are just trying to be controversial.

Pat & Mike

March 1st, 2013
12:31 pm

@Starik and Bootney –
Gene Walker’s Ph.D. from Duke University is NOT in History (which would suggest global knowledge). It is in BLACK History. Very different and much more limited. Walker’s dissertation (and we use that term loosely) is titled, “A History of the Southern Christian Leadership Conference, 1955-1965.” It is 192 double-spaced pages long — or perhaps 191 pages since one page has two page numbers (99 or 100, take your pick). Footnotes are at the bottom of each page. A cursory check of a few footnotes shows that referenced page numbers appear to be selected randomly since they do not often match up with the quote or paraphrase in the document. We assume that Duke “sees color,” too, since they not only admitted Walker, they deemed his dissertation worthy of completing the requirements for a Duke Ph.D.

Tired in DeKalb

March 1st, 2013
12:33 pm

This quote from NAACP makes me sick for everyone: “…how other black representatives should feel bad that black people are about to lose their positions!?!”

Why isn’t the NAACP making the arguement that black (and white) representatives should have stepped in LONG ago and removed the incompetent black (and white) people, so the qualified and smart black (and white) people can replace them and make the district a success? Stop playing the victim card NAACP! Why aren’t they FURIOUS that Afr Amer reps and board members continue to perpetuate the disparity of education opportunities for their children?? For all our children! Doesn’t the NAACP WANT the percentage of smart, educated, qualified African Americans to continue to grow? That quote indicates to me that they would rather perpetuate the victim mentality instead of applauding the efforts to help and being part of a solution. They should be LIVID that Afr Amer kids aren’t getting the same opportunities or level of education simply becuase they live in DeKalb. Its the folks they are throwing out that are to blame for it! They should be THANKING the black (and white) reps for finally stepping up and doing something to help these kids! They should be calling for resignations as a necessary step to improve education for black (and white) children! Applaud the Afr Amer reps for stepping up and doing what is right for the kids.

bu2

March 1st, 2013
12:34 pm

http://atlantablackstar.com/2013/03/01/ga-naacp-accuses-gov-deal-of-racism-for-suspending-dekalb-school-board-members/

I wonder if Nancy Jester is pleased the NAACP is backing her staying on the board as one of the 6 “black” members removed in a racist act by the governor.

You’d think if the NAACP was supporting a cause they wouldn’t make themselves look stupid by getting the race of the people involved wrong.

OriginalProf

March 1st, 2013
12:37 pm

@ Shrek. Once and for all, you must remember voting on this question on a primary ballot, not on a final ballot. I found this on a Republican website in about 2 minutes: “The state of Georgia has a voting procedure in the state’s primary that … allows citizens to speak their minds and let their legislators know, beyond a doubt, what issues are important to their constituents. The primary ballot in Georgia poses non-binding questions to voters – on issues such as gambling, guns, and lobbyists.” I also found that both parties have such questions on their primary ballot.

@ bootney, 12:06 pm. General institutional memory: this is a famous quote, often cited in and out of context.

catlady

March 1st, 2013
12:43 pm

Shrek, for what it is worth, it was not on the Republican primary or general election ballot in my county. You can ask the clerk of court’s office for a copy of the ballot, rather than call people liars or with “incomplete” information.

catlady

March 1st, 2013
12:45 pm

Is there any information on the results in court today?

Maureen Downey

March 1st, 2013
12:46 pm

Heading there now. Hearing is at 2:30.

Truth in Moderation

March 1st, 2013
12:52 pm

SOUTHERN POVERTY LAW CENTER! WHERE ARE YOUUUUUU??????

We’ve got a live “KKK-style RACIST HERE! COULD YOU PLEEEZE ADD THEM TO YOUR HATE MAP!

“The race card is being played by Eugene because as the DeKalb BOE Chairman for the past few years, instead of focusing on the greater good for all DeKalb students, he has focused solely on proving that a black man in power can be worse than any white leader before him.
School system accreditation is not a racial issue, it is a community issue that requires everyone regardless of race, to work together to restore. But rather than unify our BOE members, Eugene prefers to play the race card, pushing the system closer to the cliff. Is his hatred for anyone with a different skin color from his own so deep that he cannot overcome it for the greater good of all Dekalb students?”

Shrek

March 1st, 2013
12:54 pm

It was a question on my ballot in DeKalb county at some point. I reviewed my comments and I did not call anyone a liar. Although when the president of the US Lies all the time, I guess I’ll take as a complement.

Inman Parker

March 1st, 2013
12:59 pm

Dr. Walker asks, “Why should they resign.” Oh, I don’t know. How about malfeasance, neglect, cronyism, nepotism, interference in operations, hiring inept superintendents….need I say more??

Pardon My Blog

March 1st, 2013
1:00 pm

@Truth – aren’t you supposed to be teaching your brain trust there? You spend alot of time on the computer.

@Shrek – cool your jets, I believe it only appeared as a non-binding question but I can not verify that. Bottomline, it was a result of the whole mess in Clayton County (and at which time DeKalb was also under scrutiny) and I did not see the NAACP or any legislators jumping up and down and yelling that it was unconstitutional at that time. Clayton had lost accreditation and it really did a number on the graduates at that time. I see this law as a stop gap measure to prevent any more problems like Clayton County.

Also, the report is that Thurmond (yes, the interim superintendent who is working so hard for our kids) has been trying to broker a compromise that would prevent the court action and those meetings have come to an impasse due to one hold out: Eugene Walker.

OriginalProf

March 1st, 2013
1:02 pm

@ Pat & Mike, March 1st, 12:31 pm.

I certainly am not an apologist for Dr. Eugene Walker, but in all fairness I want to point out:

He got his Ph.D. in 1978, in pre-computer days. “Footnotes” then were typed at the bottom of pages, and “End notes” at the end of the chapters. At the time, dissertation formats required footnotes for scholarly citations, and end notes for additional comments. Believe me, footnoted pages are a nuisance to type on a typewriter. He would have used them because he had to, not to add length to his dissertation.

192 pages is quite a typical length for a dissertation. Nothing scandalous there. Nor is there anything non-scholarly about his getting a doctorate in History with a specialty in Black History. History is always divided into sub-fields and specialties, such as Renaissance Italian History or Caribbean Colonial History. Black History is a respected subfield, though I suspect it was Black American History, or even Black 20th century American History. As an example, a respected colleague of mine in African-American Studies specialized in East African Colonial History.

indigo

March 1st, 2013
1:03 pm

Meanwhile, the NAACP is accusing Gov. Deal of conspiring to remove black elected officials and attempting to deny voting rights to blacks.

I guess they just don’t realize that baseless charges like this are what cause most people to dismiss anything they say.

Truth in Moderation

March 1st, 2013
1:04 pm

“can’t blame anyone who can for bailing out of DeKalb. its becoming a third world entity. quickly. ”

RIGHT ON BOOTNEY!
In the good old days it was called WHITE FLIGHT. This time it’s NORTHERN Airlines instead of DELTA. LOL!

Shrek

March 1st, 2013
1:11 pm

I will be asking the Governor and et al to let the voters of GA vote to amend the constitution to allow the gov to remove. And I’ll bet anyone a thousand dollars that it will pass just like charter schools. Even Stacey Abrams, democrat in dekalb, leader of the house dems, with a magna cum lade from spellman, masters of public policy from U Texas and JD from Yale says get rid of them. Seems a Yale law graduate would know.

Private Citizen

March 1st, 2013
1:11 pm

Quira

March 1st, 2013
1:12 pm

The NAACP has outlived it’s usefulness. Their long term silence on the mess that has been education in Dekalb county disqualifies them from jumping in at the end to play a tattered old race card. They should be ashamed!

Principal Skinner

March 1st, 2013
1:26 pm

@Pat n Mike

Thanks for that research. Somebody last week asked me, “How could Duke give GWalker a PhD”?

NEVER underestimate the power of Affirmative Action

catlady

March 1st, 2013
1:54 pm

And, in other news, a student who was “frustrated” threw a table at his principal. He was arrested. I am hopeful that the principal won’t be blamed for “frustrating” the student, who had been sent to the office for fighting.

catlady

March 1st, 2013
2:02 pm

Shreck “I would appreciate an honest answer.” “It was, so your archives are incomplete.” “Why would I expect anything from the AJC except for the propoganda they want to report.” “I guess facts get in the way.”

This is a small sample of the vitriol you have posted here.

no mas

March 1st, 2013
2:27 pm

Marshall Orson not only agreed to and voted for the $150,000 training, he said he was the one who suggested it and found the firm that is doing the training. (He said they were specialists in the area of Board Governance training.(Statement made in the Town Hall meeting he held February 19).

He also stated that he was the one who suggested Thurmond for the interim superintendent.

At the meeting held on Feb 23, Jay Cunningham said hiring this firm to do the training was necessary because the training provided by the State School Boards Association was inadequate – it was fine for the Board of a small rural school system, but it did not address what a system the size of DeKalb needs (training on working with other branches of county government and local business interests). He did not explain why the training offered at no cost by one of the law firms currently employed by the DeKalb BoE was inadequate.

Neither man addressed why the DeKalb BoE had never before considered reaching out to and working with other local entities.

bootney farnsworth

March 1st, 2013
2:35 pm

what was Eddie Murphy’s line in 48 hours…oh yeah.

“I don’t like white people”

bootney farnsworth

March 1st, 2013
2:41 pm

I have no particular issue with what his Ph.D. topic was. my point is his Ph.D., not in management, business, communications, economics, political science, and certainly not in education. and definitely not in ethics

so to claim/hide behind his Ph.D. as a primary reason to promote him as an unassailable or irreplaceable entity is bogus.

Truth in Moderation

March 1st, 2013
2:42 pm

@Pardon my Blog

“@Truth – aren’t you supposed to be teaching your brain trust there? You spend alot of time on the computer.”

This is really helpful! Thanks, Alot!

You might find this essay helpful too….
ht tp://hyperboleandahalf.blogspot.com/2010/04/alot-is-better-than-you-at-everything.html (remove space)

bootney farnsworth

March 1st, 2013
2:43 pm

@ skinner

don’t forget Duke is very left of center. remember the Lacrosse team? Duke couldn’t put them under the bus quickly enough

Mom of 3

March 1st, 2013
2:43 pm

As I see it the law that gives the governor power to remove a school board is just as constitutional as the law that “caps” the number of school systems in the state. Basically in Georgia, we allow the legislators to pass knee jerk laws. And we end up in this mess!

bootney farnsworth

March 1st, 2013
2:45 pm

@ Shrek

that is your right as a citizen. good luck in your efforts.
not sure I’d waste time on Deal – his ability to initiate legislation is somewhat limited.

Principal Skinner

March 1st, 2013
3:01 pm

bootney farnsworth

March 1st, 2013
2:43 pm

@ skinner

don’t forget Duke is very left of center. remember the Lacrosse team? Duke couldn’t put them under the bus quickly enough
________________________________________________________________________________

Good point, bf. Has that “girl” completed her studies and become a HUGE success yet? If memory serves, I believe that the Black Panthers were going to fund her education

The Deal

March 1st, 2013
3:03 pm

Shrek, I don’t see a mention in this article: http://www.accessnorthga.com/detail.php?n=250682

Lisa

March 1st, 2013
3:11 pm

@Mountain Man

“The DeKalb NAACP is in a delicate position.”

They obviously do not care about Advancing the colored students of Dekalb county.

The NAACP is on the wrong side of this argument. The focus should be the 99,000 children in Dekalb. Its not about race. This board as a group, is ineffective.

Private Citizen

March 1st, 2013
3:22 pm

Nice to see it is 2013 Georgia and the race baiters indulge themselves, adults acting like children, like what is still done in rural barber shops. James, you need to go read the book of “James.” Let me help you out. http://www.biblegateway.com/passage/?search=James+1&version=NIV

Wow, that’s a tough serving” “2 Consider it pure joy, my brothers and sisters,[a] whenever you face trials of many kinds, 3 because you know that the testing of your faith produces perseverance. 4 Let perseverance finish its work so that you may be mature and complete, not lacking anything.”

Bill & Ed's Excellent Adventure

March 1st, 2013
3:35 pm

In July 2012, there were non-binding ballot questions on both Democrat & Republican ballots. Those that voted in the Democratic primary saw this question: “Should the Georgia Constitution be amended to allow the state to override locally elected school boards’ decisions when it comes to the creation of charter schools in your county or city?”

These non-binding questions are more of a survey of voters. This was the Democratic Party of GA’s attempt to caste the Charter School Amendment language in a different way than what eventually wound up on the ballot.

I don’t think this question spoke specifically to the case at hand.

Bill & Ed's Excellent Adventure

March 1st, 2013
3:38 pm

RE: NAACP — What an absolute circus! It’s funny, though, as I believe last week @bootney was talking about Jesse Jackson & Al Sharpton showing up here, and now I see that as a real possibility.

Meanwhile, business as usual at both of my children’s schools in Dekalb today. Teachers teaching children and doing the jobs they’re being paid (poorly) to do.

Wish I could say the same about the School Board.

Shrek

March 1st, 2013
3:49 pm

Thank you B&E Excellent Adventure! The point was that GA voters voted in a non -binding question and AJC and their writers are denying that there was ever a question to that effect. Not to mention what the results were. I’ll stand by my comments. Have a beautiful day!

Bill & Ed's Excellent Adventure

March 1st, 2013
4:32 pm

@shrek For clarity, Your original question was, “Did we the voters have this question on a ballot that gave the Gov authority to remove board members of troubled school boards?

@MaureenDowney responded, “It was the Legislature that gave the governor this power.” Later, she added, “If so, it was not binding.” Then you went on a rant about the AJC’s bias.

Maureen is in fact accurate on all accounts. I was simply trying to help clear up any confusion, not confirm your inaccuracy.

kevin

March 1st, 2013
4:33 pm

This whole thing is wrong, in the eyes of entire America. It is all about money that once was, is not, can’t find and don’t have now. The governor…should have stayed out of it…even if he has the pen, he should have reminded himself that those people are elected by the people same as he was. some respect needs to be realized. None of this is helping anybody or anyone. I don’t think any of the school board members did anything……it is just a bad, bad decision about them as a whole.

bigbill

March 1st, 2013
4:33 pm

Just a thought: it might be worthwhile for everyone blogging here to take a close look at the complaint filed in US District Court by the Dekalb County School Board members facing removal. Maybe they are raising some valid legal questions. I am trying to get a copy of the complaint online. There is a good summary, I believe, in this Fulton Daily Report (Atlanta’s legal newspaper) news story by Robin McDonald, a very good legal reporter:

http://www.atlawblog.com/2013/02/judges-emergency-order-pre-empts-deals-action-on-dekalb-schools/#more-6071

Dekalb Teacher

March 1st, 2013
4:48 pm

Is there any way to know what’s going on in court right now?

Ray

March 1st, 2013
4:49 pm

Thanks for posting that bigbill. This case involves some pretty interesting and basic issues of democracy and free elections, and basic due process rights, including the right to be formally and specifically notified of the allegations against you, and the right to a hearing where some proof of those allegations actually occurs and in which you can defend yourself against the same. It does not appear that much, if any of this basic due process occurred here with vague, non-specific, and conclusory allegations from anonymous sources in the SACS report, and then basically zero evidence or testimony presented proving any such allegations at the SBOE hearings.

But not that those things matter too much to some of the rabid voices on this blog.

Bill & Ed's Excellent Adventure

March 1st, 2013
4:59 pm

@Ray So, the nearly 24 hours of hearings at the state DOE weren’t enough?

You might have a case for Edler, Speaks and Jester getting somewhat of a raw deal, but Walker, Cunningham and SCW have been privy to this mess for a long, long time. Deal followed the law passed in 2011 for the state to handle situations just like Dekalb’s.

Ray

March 1st, 2013
5:09 pm

Bill & Ed: The two hearings, as far as I can tell, did involve people giving “testimony”, largely in the form of answering questions or being cross-examined by the other side. And some of this dispelled some of the SACS report — a big one was the $12M and missing textbooks, which was essentially debunked. But there was no proof, or no case, put on by SACS or the State showing or proving any specific alleged malfeasance by any board member. And really, there wasn’t anything specifically set forth to prove in the SACS report, because none of the vague conclusory allegations were against any specific board member (except for some references to the chairman). There was nothing like: This is what we think Mr. Walker did wrong, and her is how we prove it. And then he has a chance to respond. And there was certainly nothing like this as to any of the other board members.

You need to do something like that if you are going to do something as serious as remove a duly elected official from office. It can’t all just be speeches and innuendo. You have to actually put on evidence and a case and prove it if you want to do that. They didn’t really even try.

Pat & Mike

March 1st, 2013
5:31 pm

@ DeKalb Teacher
You can follow what is going on in court via Twitter (@AndrewChampNews) or on the first page of DeKalb School Watch blog (dekalbschoolwatch.wordpress.com)

Private Citizen

March 1st, 2013
5:33 pm

but Kevin, aside from the money stuff, school board members meddling in schools and interfering with principals and teachers is serious stuff. If you read the SACS report, they mention this again and again, this action of “refusing to do right.”

Point/Counterpoint

March 1st, 2013
5:46 pm

Every person who has ever been a school board member anywhere has meddled and interfered with principals and teachers.

Ray

March 1st, 2013
5:59 pm

mom of 2

March 1st, 2013
6:09 pm

Does anyone know if Deal considered just suspending 4? That would leave 5 on the board and then they could (possibly) get something done.

Private Citizen

March 1st, 2013
6:21 pm

That must be why the school board system is a U.S. dysfunction not shared by the rest of the world. It’s not fun being a professional and being meddled with while during a full job on a good day. There is not time to both do a good job and also have to defend yourself against errant adults who are supposed to be on your side of the fence.

Private Citizen

March 1st, 2013
6:23 pm

James chapter 2:
8 If you really keep the royal law found in Scripture, “Love your neighbor as yourself,”[a] you are doing right. 9 But if you show favoritism, you sin and are convicted by the law as lawbreakers. 10 For whoever keeps the whole law and yet stumbles at just one point is guilty of breaking all of it.

Private Citizen

March 1st, 2013
6:51 pm

Education in Hong Kong is overseen by the Education Bureau and the Social Welfare Department.

The vast majority of schools in Sweden are municipally run.

The responsibility for the German education system lies primarily with the states (Länder) while the federal government plays only a minor role.

Formal education in Japan began with the adoption of Chinese culture in the 6th century. Buddhist and Confucian teachings as well as sciences, calligraphy, divination and literature were taught at the courts of Asuka, Nara and Heian. Scholar officials were chosen through an Imperial examination system.

WilieJo

March 1st, 2013
6:59 pm

Does Walker have a PROPERTY RIGHT in his job as Board Member? That is what his suit alleges. He is suggesting that he actually OWN’s his seat as the result of the election. What a pant load that is.

Private Citizen

March 1st, 2013
7:05 pm

Abolition of the board

Although the school boards had been largely successful in increasing the number of children attending school in Britain, they were perceived as bureaucratic and expensive. As a response to this, the boards were abolished by the Education Act of 1902, which replaced them with Local Education Authorities.

In London, the London County Council had been created in 1889 to replace the Metropolitan Board of Works and in 1904 the responsibility for education in London was transferred to the LCC. The LSB held its final meeting in 28 April 1904, with the county council taking over on 1 May.[7] The LCC itself was abolished in 1965, with education for the former School Board area passing to the Inner London Education Authority, a committee of the Greater London Council. The ILEA was abolished in 1990, with the inner London borough councils becoming education authorities.
__________________________

The administrative area of Greater London contains thirty-two London boroughs. Inner London comprises twelve of these boroughs plus the City of London. Outer London comprises the twenty remaining boroughs of Greater London.

(note: the 2011 population of London is 8,174,100 )

paulo977

March 1st, 2013
8:44 pm

Ray

March 1st, 2013
4:49 pm
….-__________________________________________________________

You are so so so so right !!…But the this is a red red red state and you know what that means !

My2Cents

March 2nd, 2013
12:51 am

Yet again… I get so embarrased about living in Dekalb. Doesn’t Eugene Walker understand that he has made a laughingstock of himeself in local, national and foreign media? There is no way he can recover from this by fighing it, he should show some dignity and walk away. (on the other hand, that slight display of dignity might encourage some people to vote him right back in…) What to do?

Bernie

March 2nd, 2013
1:00 am

It certainly Looks like TWISTER WEATHER in Dekalb County is Brewing. Fasten your seat Belts folks,
its going to get very UGLY, before it gets BETTER!

bigbill

March 2nd, 2013
1:26 am

According to the February 25, 2013 article in the legal newspaper The Daily Report titled, “Judge’s Emergency Order Pre-empts Deal’s Action On DeKalb Schools,” by R. Robin McDonald:

Decatur attorney Robert Wilson who represents the DeKalb School District and (Eugene) Walker (in the U.S District Court case) argues in a legal filing submitted with the motion for a temporary restraining order “that the Georgia law giving the governor authority to remove the board violates board members’ property rights to the political offices to which they were duly elected.”

The article further reports that “Wilson argued that the law ‘on its face…lacks the most basic rudiments of due process and because it does not provide notice and an opportunity to be heard before any government deprivation of a property interest.’”

If this is true then the law enacted by the Georgia General Assembly giving the governor authority to remove school board members would, in my opinion, most certainly be susceptible to a legal challenge by the board members and the school district as to whether it passes constitutional muster under the Fifth and Fourteenth Amendments to the U.S. Constitution which prohibit federal, state and local governments from depriving persons of their property (which definition of property would most certainly include the property rights of elected officials “to the political offices to which they were duly elected.” For one thing, they are paid government salaries.) without due process of law. One famous U.S. Supreme Court decision, Goldberg v. Kelly, held that state laws authorizing the termination of state welfare benefits without the welfare recipients’ right to prior notice and a hearing violated the welfare recipients rights to due process under the Fifth and Fourteenth amendments. This is settled law and applies in any situation where a government seeks to deprive a citizen of a property right.

The question of course is this: does the Georgia statute provide for prior notice and the right to a full and fair hearing for school board members whom the governor proposes to remove from office? The plaintiffs’ attorney in this case strongly argues that it does not. Before public school board members can be removed, these questions must be answered: Was there prior notice to each DeKalb County School System Board member informing them of the charges against them justifying their removal with enough specificity to allow them to respond to the charges and defend themselves at a hearing. And were the board members provided with a full and fair hearing prior to their removal to rebut each and every charge against them, a hearing held before a neutral hearing officer with no stake in the matter? If the Georgia school board removal law does not have these provisions in it, it would indeed be unconstitutional, I believe. And if the removal of the board members occurs without these due process safeguards being followed, their removal could be reversed in a court challenge.

And that is just one issue. There are many other legal issues being raised by the plaintiffs in this case and other cases in Georgia where efforts are underway to remove school board members.

I am another person who would argue as a matter of public policy that, no matter what the complaints against public school board members may be, possibly short of conviction for a felony, the only way publicly elected school board members should be removed from office is by the voters at the next election. The fully politicized governor and the fully politicized SACS should not be trusted with the authority to thwart the will of the citizens who elected the board members. That is completely anti-democratic and wrong.

bigbill

March 2nd, 2013
1:52 am

If I may add this correction to my above-posted opinion: if the statute authorizing the removal of the school board member itself fails to include the due process provisions discussed above, then the statute itself is unconstitutional and arguably any action to remove board members taken under the unconstitutional statute is null and void as constitutionally deficient even if some attempt is made to provide due process to the board members as the process unfolds. I am not a constitutional expert. Others who know more on this subject might want to add to this discussion. But you see the problems that are raised in cases like this where laws are enacted to nullify the will of the voters with the possible exceptions for the the most extreme circumstances justifying removal such as a criminal conviction for the commission of a felony crime.

RealPhD

March 2nd, 2013
3:08 am

The DeKalb NAACP’s comments on this issue is THE reason that I no longer attend meetings and will not donate a dime, even though I am a silver life member of the NAACP . . . incompetence is not racism . . . yes there are racists elements involved, but 10 years of consistent decline in a school system where more and more of the teachers and administrators are Black, should cause Black people to wonder why . . . Black teachers, Black administrators, and low Black child performance–why? . . . boards are at the strategic, policy making level–if their policies aren’t working then they should be removed, however that isn’t what happens most of the time with my people–we get fascinated with a personality, and the more flawed the more we make excuses that “whatever it is” it isn’t his or her fault–its “the system” . . .what system? the system where Black people select their own leaders . . .is that “the system” . . . “that system didn’t work in Clayton County, and a lot of graduating seniors had their high school diploma turn into butt wipe, in front of their eyes–many accepted to college lost their scholarships and others had to take the GED but still lost substantial credit” is that the system that we think needs to work? . . . My people will be crying as their home values take a nose dive if and when they re-elect the same idiots or worse to office, because as Black people we are consumed with skin color–I simply pray for more parochial schools and private schools to open as an option for employers we need to move into this county . . . the poor judgment of the majority in this county is what is making the north part of the county manipulate to re-create Milton County and leave this county, or worse, remain in the county and get approval to establish their own school districts that WILL magically be able to perform superbly . . . wonder why a change in leadership would result in such rapid improvement in results . . . those are the questions the majority needs to be asking, OR we can keep be illogical and ignorant while maintaining the worse school system in North Georgia. I guess that is the choice we demand . . . the choice to destroy the each subsequent generation.

Private Citizen

March 2nd, 2013
4:14 am

Two observations:

1. Prior to and unrelated to the current topic, I have noted Georgia school boards and their deeply rooted minions, who knows how it works? in this “right to work” state… is it 100 people in each community who exercise this type of power? A school teacher will not ever know. Anyway, this folk get to play Big Time with not only the local school tax money paid by property owners, but with additional money collected by state income tax. Point is, it is a mixed system in incoming money for them to command, and yet especially the troublesome school boards act like their decisions are a local issue. But they are not just using local monies. It is a weird mixed system. And then when the state tries to exert management authority, the school board acts like “I don’t know you. What are you doing here?” The whole thing is ill-designed.

2. If I wager a dollar, I predict Dr. Walker’s end-game in the long run is a settlement where he is personally paid as a victim who has been “damaged” “reputation damaged” or somesuch. I just bet you that is his end-game. Right now there is basically two people involved in holding up the reformation of the DeKalb School board – Dr. Walker and his attorney. As long as the private attorney is getting billable hours, he’s in a “win” situation. He’s not on salary, he’s paid per hour. Does anyone know how much Mr. Wilson is charging per hour for his service?

and a note: At the DOE hearing, when Mr. Wilson did his summary at the end of the hearing, it sounded like the type plea-for-understanding formula that might go with any felony or criminal trial. The emotion, the “I implore you,” and all of that. It did not ring true to me.

Private Citizen

March 2nd, 2013
4:18 am

Guessing that Walker’s end-game is a personal settlement, receiving a check for lost “property.”

Private Citizen

March 2nd, 2013
4:35 am

Opinion: We are in the process of witnessing a crime of “conversion,” where a public office is converted into personal property. Wild stuff to see this so out in the open. Dr; Walker is a very creative fellow, that too bad the object of creativity tends to be in one direction, for him and his interests, not outward, to service and community.

Opinion: What we are witnessing is a very fanciful approach to embezzlement. Just wait and see for the claim for loss, request (demand) for payment.

Private Citizen

March 2nd, 2013
4:54 am

(video game voice) Money extraction sequence in progress.http://yourlisten.com/channel/content/16957308/Money_extraction_sequence

Private Citizen

March 2nd, 2013
4:54 am

redweather

March 2nd, 2013
5:25 am

O.C.G.A. 20-2-73 (2010)
20-2-73. Removal of board members under certain circumstances

(a) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (6.1)(A) of Code Section 20-3-519, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board.

(b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member.

(c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member’s continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain its accreditation. The appealing member shall be given at least 30 days’ notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the “agency” and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the local board of education member’s continued service on the local board of education improves the ability of the local school system or school to retain its accreditation, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50.

(d) This Code section shall apply only to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010.

(e) This Code section shall apply only to local board of education members elected or appointed on or after July 1, 2010.

Dr. John Trotter

March 2nd, 2013
10:15 am

@ bigbill: You laid out the issues very well. I believe that there is a high threshold for taking away the will of the people. I don’t believe that the kangaroo-type group “hearing” constitutes a substantive due process hearing for each school board member whom the Governor is attempting to remove. Each member should have a right to confront the witnesses making allegations against him or her and to cross examine these witnesses. The Georgia Supreme Court allows for a thorough and sifting cross examination. Property interests are definitely at stake.

SACS’s conclusions and report about this school board have caused the chain of events to occur. Yet, SACS, in an incredible display of hubris, does not provide for any documents or testimony from which SACS allegedly drew its report, many conclusions of which are easily proven to be false. The same thing occurred in Clayton County. For example, I believe that Elgart & Gang wrote that the Kaplan Program (which the Clayton School Board had abandoned) had been working very well in the elementary school, but the program was not even used in the elementary school (or vice versa). Many of the conclusions that SACS reports are simply skewed and biased or downright and explicitly wrong. SACS shrouds its “investigations” in secret. SACS is about as transparent as a 100 year old Chero Cola bottle. Trying to “see through [this] glass darkly” is frustrating to all who have a stake in the matter. SACS needs to come out of the catacombs and into the sunshine. After all, it appears to “blackmail” the school systems into to giving it upwards to $25,000,000 or more each year. Something about its cloak of darkness is just unseemly and wrong. I have been railing against SACS for over five years now. The people need to be freed up from the threatening and menacing edicts of SACS which appears to be guided by a capricious and arbitrary leader.

I think that it is very dangerous for a democratic society to start allowing the government to circumvent the will of the people, despite how bad the people’s choices may seem to be or how emotionally charged the opponents’ arguments are about allegedly “protecting the children.” It is especially dangerous to allow an unelected and unaccountable private company to set the chains in motion for this removal.

Pardon My Blog

March 2nd, 2013
11:45 am

Well, Obama circumvents the will of the people all the time by using “Executive Power”.

CompetenceNotDiversity

March 2nd, 2013
11:55 am

@RealPhD – Amen, brother. Well said.

Or, you can saddle up with the “shoot the messenger” crowd. Life is about choices, and all choices have consequences.

John Friedricks

March 2nd, 2013
12:46 pm

Easy solution. Just pour a bucket of water on Walker. His last words will be, “I’m melting…”

kaitmsom

March 3rd, 2013
11:39 am

@RealPhd…you said a mouthful. You articulated just what I was I thinking.

Fred in DeKalb

March 4th, 2013
6:35 am

Well said, RealPhd! I’m in a similar position and respect your comments. There are many that believe as you stated however they don’t frequent blogs but quietly work in the community to make changes. One should not interpret the lack of people on camera saying what you did or posting to blogs as a lack of concern. Regretfully the media does not actively seek out comments like yours.