Thursday, April 30, 2009
"Come here, to this gate. Mr. Gorbachev, open this gate. Mr. Gorbachev, tear down this wall!” —Speech at the Berlin Wall, June 12, 1987
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So it is 3:15 am, and I have found it difficult to sleep. I hope that I will be forgiven if this blog entry is a bit disjointed. At the school board meeting on Monday, April 27th, I was asked – “Hey, ‘Barking in Burke,’ what can we do to get the board to meet in a larger venue?” I told those who posed the question that I would look into it, and I have.
There is no North Carolina case law on point, but there is an Attorney General Opinion from Delaware that has answered this question. Essentially, if the board has reason to believe that the venue they are using is going to be too small for the public participants, the board must reschedule the meeting so that it is held in a venue that will accommodate that meeting. Lawrence and Bell, Open Meetings Law experts, go so far as to state that if a meeting is begun, and it is evident that the attending public cannot hear or see the meeting using audio or visual aids, the meeting should be adjourned and rescheduled until it can be scheduled in a venue large enough to accommodate all.
This all hinges on the part of the statute that indicates that the “public has a right to attend official meetings.”
I know that Ms. Caroline Avery has asked the board to move scheduled meetings to larger venues on at least two separate occasions. The first time she asked for the meeting to be moved to a larger venue was when all of those “homesick kids” came to the board meeting to address the board about the proposed media policy. That was on November 17th 2008. Rather than accommodate the crowd in a larger venue, the board chose to herd the non-speakers out of the building.
The second time Ms. Avery asked for the school board meeting to be moved to a larger venue was March 2, 2009. Ms. Avery made this request in writing, and was told that the board declined to move the meeting to a larger venue. Ms. Avery, being the persistent soul that she is, responded that it was a shame that the board would not accommodate the public. This is part of the reply she received from the board attorney:
"As noted in prior meetings, the Board is willing to consider a change in the site when it receives specific information indicating the need to do so. It would, indeed, be of great service to the Board if you have specific information that you would provide to the Board of a need for a larger meeting space for a particular meeting. But the information needed to make such a decision needs to be more than the general statements you have thus far provided."
Based on my reading of the statute, that answer is not acceptable. Based on the opinions of Open Meeting Law specialists David Lawrence and Fleming Bell in their book Open Meetings Law and Local Government, that answer is not acceptable. Based on case law and the interpretations of that case law by the Delaware attorney general, that answer is not acceptable.
So, there are two ways to go about this: One way is to file a lawsuit. Click on “A Sow’s Ear" in the left column if you’d like to read my draft complaint seeking an injunction (among other things) to hold the meetings at a larger venue. (Warning: This draft is not complete!) I have also posted the text of the attorney general's opinions. I have not filed this lawsuit, I am hoping the board sees the potential problem and remedies it before anyone has to. I think the board is probably overwhelmed with lawsuits for now.
The other way would be to call the superintendent’s office individually and tell them that they need to start keeping a tally, because you are planning to attend the next meeting. Or, because you and your friend are going to attend the next meeting. Or because you, your friend and your friend’s five second cousins are going to attend the next meeting. (I am not suggesting any dishonesty - just make sure that they know that you and anyone who plans to come with you are coming to the meeting.)
The majority of the board may deny that they had any expectation that more than 85 people would attend the past three meetings (yes, I know that is laughable), but they can’t ignore people who actually provide notice that they are actually planning to attend.
Wednesday, April 29, 2009
Clayton County Georgia: Are we on our way? (re-posted from 4/16/09)
(a) Despite the law being clear that the School Board member’s power and authority rests in its actions as a Board and the training received by members from the Georgia School Board Association, the members of the school board repeatedly acted outside the realm of their board powers.
(b) Board members have become regular fixtures at the administrative building and have insinuated themselves into every aspect of the school district.
(c) Board members subjected the administrative staff to various verbal insults, accusations and derogatory comments. In the public Board meetings, staff members were subjected to comments accusing them of being unethical, accusing them of playing games at the expense of the children and possibly illegal activity.”
Does this sound familiar? The above is an excerpt from the 25 page Report of the Special Review Team for Clayton County Public Schools dated February 15, 2008. The Clayton County school system subsequently lost their accreditation in August, 2008.
A little background: The SACS CASI, who investigated the Clayton County situation, is the “Southern Association of Colleges and Schools Council on Accreditation and School Improvement.” They are charged with making sure that all schools in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia meet accreditation standards. SACS CASI is an organization that has been “accrediting public and private schools for over 100 years, holds its primary mission as the improvement of education by recognizing and encouraging institutional quality through accreditation.” If a school loses accreditation, the students in those non-accredited schools lose the ability to apply to colleges on equal footing with other students, they lose the ability to receive scholarship money, and the system loses the ability to hire qualified teachers and other personnel.
What is so striking about the Clayton County situation is that the primary purpose for the loss of accreditation was the dysfunction of the school board! The Review Team investigated 7 different criteria to determine whether the school system could keep its accreditation:
Vision and Purpose
Governance and Leadership
Teaching and Learning
Documenting and Using Results
Resource and Support Systems
Stakeholder Communications and Relationships
Commitment to Continuous Improvement
The Review Team found that of all of the criteria above, “the Clayton County Board of Education is in violation of the SACS CASI Governance and Leadership standard for accreditation. In fact, the team found evidence to support a conclusion that the effectiveness of the Clayton County Board of Education is fatally flawed. The school system’s noncompliance with the SACS CASI standard for Governance and Leadership places the accreditation of the Clayton County Schools in jeopardy.” (Emphasis in the original report)
“The main problem was that the school system did not have a functioning board, said Mark A. Elgart, president and chief executive officer of SACS. The board’s conflicts affected everything from teaching and learning to staffing and allocation of resources, accreditors said.” (From “Clayton Schools lose accreditation; board members ousted,” The Atlanta Journal Constitution, by Megan Matteucci, August 28, 2008.)
Excerpts from the Report are chilling:
o The Board was so consumed with bitter accusations, personal attacks against fellow Board members and staff that it was routinely sidetracked from the business of the school district.
o The board members failed to understand and appreciate the necessity of strict compliance with laws and regulations . . .
o Board members discussed with their constituents issues that should have been referred to administration or staff
o Board members held committee meetings that facilitated micromanagement of the district’s operations
o Board members routinely put their loyalties to individuals, voting districts, particular schools or special interest groups ahead of the students or the district as a whole. The Board minutes contain numerous declarations by the members stating that they are responsible to their constituents and having to answer to their individual school district
o Board members consistently failed to respect district employees and fellow board members and treat them in a professional and non-confrontational manner.
o There appear to be members of the Board who do not meet the residency requirements for the offices they hold on the board of education
o The school district’s failure to adequately safeguard the district’s resources has eroded public confidence and support
o The actions of Board members have resulted in a waste of the school district’s resources:
(1) Time and money spent on open records requests for investigation of fellow board members
(2) Facility expenses, fliers and materials for meetings with the community
(3) Legal fees associated with various legal matters
o The constant public and private mistreatment of staff and public behavior of the Board are having a negative effect upon the ability of the school district to retain qualified professional and support staff.
o Despite their inherent conflicts of interest, many Board members cast votes concerning the hiring, compensation and benefits of employees, even when they appear to have a direct conflict of interest.
o At the beginning of almost every Board meeting in 2007, members of the public expressed their dissatisfaction with the actions of the Board and its members. Despite the public’s pleas for reform, the Board failed to address the issue in a substantive manner. As the level of dysfunction grew, the district’s stakeholders grew more disenfranchised from the school district.
The above observations are quoted directly from the report. You may read the report here: http://alt.coxnewsweb.com/ajc/pdf/sacsreport.pdf
So, what happens when the SACS CASI is contacted by the North Carolina School Board, or if an SACS CASI employee happens upon an article like “Sheriff Asked to Frisk School Board Member for Gun”? Have we already put our children’s futures in jeopardy?
I understand that there are people who maintain that corruption in the school board has run rampant much longer than the tenure of the current majority. That may be. The Review Team that investigated Clayton County stated that the problems in the Clayton County school board began seven years before the then current board began their despotic reign. But at some point these things reach a climax, and something has to be done.
For some folks in Burke County, the climax was the frisking of a board member by the sheriff at the request of two other board members. For others it might be the upcoming meeting Monday and the legal and emotional “fallout” that will follow. I understand that the NCSBA and the NC School Board are watching. Could the SACS CASI be watching too?
So to answer the question put forth in the title to this blogspot - "Clayton County Georgia: Are we on our way?" The answer is: "We're there."
Let's just hope that we can correct things before the SACS decides that they need to.
Tuesday, April 28, 2009
Mizz Chairperson, ur doin it wrong - (apologies to ICHC*)
I'd like to see the Parental Inspection Notification Media Policy (9.3220) but the draft voted on isn't available on line. I hope that the draft posted on line is not the one that was voted on - it still allows the challenge of books by people whose children are not affected.
Now, back to the meeting: When I was finally able to get inside the building, I was relegated to a hallway outside of the meeting room. I heard Mr. Bagley eloquently explain the Reduction in Force process (hereinafter referred to as "RIF").
I really hope the Chair and Vice Chair were listening and understand that a process must be followed - I hope they defer to Mr. Bagley's expertise in this process and not try to influence decisions based on which teachers attended which rallies or board meetings. If they try to strong arm Mr. Bagley into terminating teachers based on criteria other than those listed in the policy or statute, they will leave the county open to lawsuits.
I have had to oversee RIF's myself. It is often frustrating to convince those who make the decisions as to whom to cut understand that their decisions must be made on objective criteria, not personal feeling. So, Mr. Bagley, I sympathize with your upcoming predicament. You may have had to oversee this kind of process before, but I can't imagine that you have ever had to work for people quite like the ones you work for now. Sir, you have my support.
Regarding Mr. Bagley's presentation, some board members had questions that seemed to indicate ulterior motives (imagine that!). Ms. Norman or Mr. Buff asked specifically about evaluations - in an RIF, objective criteria like years worked, degrees/certifications held and evaluation history are included. So, one of them,, Norman or Buff, asked questions as to whom exactly performed the evaluations that were to be relied on.
Mr. Hairfield interjected that he didn't understand why Chris Campbell (outside education counsel) had sent communication regarding the RIF if there was already a statute in place. (Mr. Hairfield was trying to be fiscally responsible, I guess - but as my son would say, he is such a "hater," everything he says sounds like a "beatdown") Mr. Bagley explained that the rules were constantly changing, and that Mr. Campbell's advice was necessary to the process.
Imagine this scene - Mr. Hairfield's derisive dress down of Mr. Bagley - a dignified, capable, black man - who has more education than Mr. Hairfield, and most likely more integrity in his pinky than Mr. Hairfield has. Honestly, Mr. Hairfield's target was really Mr. Burleson in this interrogation, but I tell you, the picture doesn't help Mr. Hairfield's "I am not a racist" plight.
Mr. Cox reported on ongoing construction projects with the articulacy that we have come to expect and appreciate from him. He explained that there were areas that the county had saved money, and was asked by Ms. Norman if he had received any money from the County Commissioners in the last five years.
Mr. Lawson presented the budget and explained the known and potential shortfalls. They are significant. Ms. Norman asked Mr. Lawson if the County Commissioners had increased the funds they provided the school board over the last five years. I think she asked this twice.
County Commissioners: Tracy is trying to set up her “we are the victim of the County Commissioners” routine. Please be assured that we county citizens understand that you have a fiduciary duty to make sure that any funds you provide to the school system are well-spent. We understand if you tighten the “purse strings” on the school board until such time as you can trust that the school board is able to spend the money in an appropriate manner. By the way – have you seen Mr. Jones’ comment in the blog entry below?
Before the matter of special counsel was addressed, Ms. Norman announced that Mr. Jones (Lawyer Jones, not “almost lawyer Jones” referenced above and whose comment is posted below) had received a letter from Mr. Ed Hinson, Mr. Burleson’s attorney. I think we were all pleased that this matter was being pursued, and were waiting to see the “deer in the headlights” looks from the fab four as they returned from that session.
When they returned, we were not disappointed. Upon returning, Ms. Norman announced that they would not be discussing special counsel, but that they were going back into closed session for a “personnel matter”. (“Personnel matter” is code for – “gee we really screwed up on this contract matter but we can’t talk about it in open session because people will see how small minded we really are so let’s refer to it as a ‘personnel matter’ and maybe no one will figure it out.”)
Yeah, ok Tracy, whatever.
So, it is revealed by a party related to Mr. Burleson that they are actually discussing how to make a new agreement with Mr. Burleson (Yay!) in this closed “personnel” session. Although there was much anticipation and excitement in the room, the board came back, voted on various and sundry personnel reports, adjourned the meeting (without following procedure) and left.
Not sure what transpired. It is possible that Mr. Burleson is reviewing the offer by the board with his attorney. That would be a good thing. But, maybe not. Everyone in the room close to Mr. Burleson seemed somewhat relieved and optimistic, so we will take our cue from them.
Ms. Sandra Hatley, a worthy advocate for teachers in Burke County, did not let anyone forget that as of that night, “nothing had changed.” Evaluations had disappeared from protected personnel files, and every school employee needed to check their personnel filed to ensure their completeness.
Mr. Wilkinson read a letter from the EEOC warning the board for any discriminatory practices regarding teachers' First Amendment Rights and asked Ms. Norman why she had contacted teachers who had taken Monday off. Ms. Norman vehemently (too vehemently, if you ask me) attacked Mr. Wilkinson for asking the question – implying that he had asked the question assuming she had actually called teachers. She also stated that someone must be impersonating her and calling teachers. (Yes, she said that.) And that Mr. Wilkinson would be getting a call from “someone” to verify what he had heard.
One of the most troubling events occurred when Ms. Norman decided to walk into the back of the meeting room. She immediately encountered some justifiably angry women who asked her when she was going to launch an investigation into Mr. Hairfield’s emails. Ms. Norman, with derision, declined to discuss an investigation and instead told the women to ask Rob where he got the emails. Wrong answer.
The ladies replied that it didn’t matter where he got the emails, the fact is he knowingly forwarded them to others. (Ms. Norman has a real talent for inciting crowds – isn’t there a law against that?) Anyhow, Ms. Norman’s defiant defense of Mr. Hairfield only angered these ladies more (it actually angered all of us that witnessed her answers), and they shouted that there would be an investigation of Mr. Hairfield, and that he had no business being in public office. Ms. Norman left the area before there were any blows, but I think all of us in the area where this exchange occurred agreed that the women would have been justified in just about any physical action they took.
I just don’t get it, Ms. Norman. You are a public official, and Chairperson of the Board. One of your board members has offended a significant population of this community – not just the Black or Hispanic population, but all of the population who understands that this kind of behavior cannot be tolerated in a public official, and you refuse to do anything about it.
And it is not just about the jokes being offensive, the jokes are just one indicator of what we already know about Mr. Hairfield. He holds disdain for most of the human race – it is evident in the way he addresses people, it is evident in his “anonymous” comments on blog sites. This man is an angry person. This man should resign from the school board.
Anyway that is all for now. I will wait to listen to the fiasco that was the "Public Comment" session to opine on that.
One of the things they teach in law school is "full disclosure." It is much easier to deal with issues in the light of day rather than having to react to these same issues when they are brought forward by an adversary. Ms. Norman would do well to learn this lesson.
* = http://icanhascheezburger.com/
Monday, April 27, 2009
Comments from the Well-Informed . . .
"In case you're playing the home game...
Buff's 2005/6 Travel Expenses: $3,483.60
Buff's 2006/7 Travel Expenses: $3,043.63
Norman's 5/6 Travel Expenses: $3,091.12
Norman's 6/7 Travel Expenses: $3,258.52
They had, by far and away the largest "Misc. Travel" expenses in either year. For crying out loud, over a period of 19 months, Ms. Norman went to seminars in Durham, Asheville, Greensboro, Atlantic Beach, and sunny Nags Head. I just have a hard time knowing that someone who is being so well trained on my tax dollar is making such poor decisions."
Guess we need to ask for disclosure of the 07-08 Travel Expenses? I'm sure they will pale in comparison to the '09 legal expenses.
And a "rant" on another note:
(And yes, that was me posting as "cthomas" on Morganton.com)
Why is it that the board approves the agenda, and then 10 items below, makes adds or deletions to the agenda? Once the agenda is approved, the board cannot make additions and deletions!
Can't someone please explain this to the Chair and Vice Chair? This has been happening for the past couple of meetings and it just kills me . . . perhaps that is why they are doing this?
Nah - they have other means of trying to get to me . . . like Mr. Buff and Ms. Norman showing up in my son's class the day after he shows up with me at a board meeting.
The officers of the board already knew who I was (one of the many thorns in their side) and they knew my son's name because I went before the board during the summer to ask for athletic eligibility.
So it was a shock when I picked up my son the day after a board meeting that he and I attended, and he said "Guess who showed up in my science class today, mom?"
Coincidence? I thought so, but folks have told me I am wrong.
I guess I should be happy they visited a science class. Maybe they'll learn something about "natural selection."
Geez.
PS.I have a Robert's Rules of Order book just in case anyone on the board needs to borrow it.
Sunday, April 26, 2009
Beyond Burke
muse
Jaded and frustrated those of us who have seen beyond Burke
Watching history repeat itself like some poorly plagiarized report
Absolute power corrupts absolutely until tyranny and mutiny kick in
Those dangerously quasi educated threatened by the great unwashed
Or the handful of outspoken peacekeeping intellectuals
Retaliate by any means necessary to keep from losing
The keys to the kingdom
Having the locks changed
Calling in the heavy weights
Associations....Lawyers....Public safety....PR
And what if the press comes and those from beyond Burke can see
Watching in real time as reporters tell the story poorly, accurately, their way
Absolutely no stopping the power of the mutiny against corruption
Peacekeepers have become dangerously quiet, out of words of wisdom
The half brained wouldn't listen anyway and the smart are too angry to hear
Too much is at stake to lose, but some may be lost forever
Stones have been hurled from every possible corner
Rumors, secrets, lies, mistrust, disgust
Guilty by association
Seen beyond Burke through anyone's eyes, this could be a failing situation
SMG
I think this is a brilliant (yet jaded) account of what is going on here. Read this a few times and think about what it means to you. I was a History major at Wake Forest, but was very few credits away from an English minor – so I like this kind of stuff.
What does this selection mean to you? What do you think?
Thursday, April 23, 2009
Making her list, checking it twice . . .
Ms. Norman often engages in note taking prior to (and during) board meetings, and it is rumored that she is writing down the names of those in attendance. (I thought she probably had some Sudoku puzzles or something, but I guess not . . . .)
Could this be “idle gossip”? I don’t know, there must be a reason that the newspaper and the local television news stations report that school system employees are afraid of retaliation from the board majority.
Could it be that people have been threatened?
Are the stories that Ms. Norman and Mr. Buff have threatened school employees in return for the employees’ votes and support true?
If these stories are valid, I sure hope those employees immediately filed a complaint with the Human Resources department regarding that harassment. Any termination after employee complaint of harassment could give the employee an additional cause of action for “retaliation.” *
Here’s the thing: I am not a fan of unions. When the employer/employee relationship is as it should be, there is no need for unions, and I believe the unions just get in the way of business.
However, Teachers of the Burke County School System:
I fear for you. Please look into membership into NCAE, so that you will have an advocate when the school board majority starts to (or continues to) harass teachers on “the list.”
I am told there is also a “list” of principals. If there is any kind of advocacy group that you can join, consider doing so- now.
School employees – you have rights. You have the right not to be intimidated by school board members. In my opinion, your best advocate is NCAE. Please, use them.
And by the way:
Ms. Norman,
For your convenience-
I am
Catherine Redman Thomas
1660 Plantation Court
Morganton, North Carolina 28655
Hope that makes things a little easier for you.
* This information is not legal advice. Please contact your personal attorney or NCAE representative for advice in handling any questionable communication from any school board member.
Tuesday, April 21, 2009
Those of you who are late comers to the antics of this board majority would do well to read the minutes of past meetings and listen to the recordings of past meetings. I have seen the videos of the board on you tube, and the really frightening thing to me is, these recordings come from only one meeting. If you listen to meetings before that meeting and after, you will hear similar words from the board leadership.
There seems to be a movement to “recall” some of the current board members. There is a process for this, but it begins with having our state representatives introduce and pass a local bill in Raleigh to allow a recall of certain board members in Burke County. Our local political representatives are Mr. Jim Jacumin and Mr. Hugh Blackwell. I understand that some folks are in the process of contacting these gentlemen and trying to convince them to start the process of recall.
In the past, I wasn’t confident that recall could be accomplished, but there really seems to be a desire to pursue this. I think that it is entirely possible that folks could make this happen.
Lower than a snake’s belly in a wagon rut . . .
I have read several comments regarding the witnessing of Ms. Norman, Mr. Buff and their minions squealing with delight as they exited the central office building through the back door.
Surely not. If anyone actually witnessed this, please let me know – you are welcome to contact me on Facebook or by private email. I just can’t believe even this group would stoop so low, or be so sociopathic, delusional or cruel.
But I have been wrong before.
Saturday, April 18, 2009
Model Behavior on Monday
I think that the mere presence of Mr. Burleson’s supporters will be a comfort to the Burleson family, and at this point, I fear that is all we can be. I also think that any outbursts by the crowd (though justified) and subsequent police escort out of the building would be upsetting to the Burleson family.
Let’s try to model Mr. Burleson’s behavior and show the board that we have learned something from this considerate, respectful man.
I am the last person in the world who should be quoting from the Bible, but Mr. Burleson must have learned the following a long time ago, for he seems to have always lived it:
"Love your enemies, bless those who curse you, do good to those who hate you, and pray for those who spitefully use you and persecute you." (Matthew 5:44)
Thursday, April 9, 2009
Congratulations Mr. Fossett!
My stepson Joey was the first in our family to have Mr. Fossett as an English teacher. Joey claims that he has no talent for English, and would often complain about the rigor that Mr. Fossett’s class demanded. (Joey is actually a very talented writer – it is just that he has a “mathematical mind,” and Advanced Calculus requires less effort for him than English does!) Anyhow, Joey spent many sleepless nights preparing for Mr. Fossett’s class – writing papers, reading books – typical English stuff. And when you asked him what homework he was working on, he’d say “Fossett” with a roll of the eyes and a look of resignation on his face. Joey now refers to Mr. Fossett with a smile on his face, but like many things in life, one doesn’t appreciate challenging experiences until one can look back on them (in this case, from the safe distance of college).
My son Hank also had Mr. Fossett several semesters at Freedom. I was prepared for the worst because my dear son Hank is a bit of a “slacker” when it comes to school work. Like most kids, Hank has some issues with distraction and focus when it comes to subjects that don’t engage him, and I was convinced that he would really struggle in Mr. Fossett’s class. (Hank’s stepbrothers regularly brought home straight “A’s” – Hank would bring home A’s and B’s and an occasional “C” with the constant comment from teachers that “Hank is a pleasure to teach.”)
So, on one occasion near the beginning of Hank’s junior year, Hank had about 4 friends over. We were all sitting around the table eating dinner, and struggling to find something we could converse about, I said “How about that Mr. Fossett? I understand he is a real task master.” I was shocked when one of Hank’s friends said “Mr. Fossett is really cool. He makes us work hard but he is fair, and I am really learning a lot in that class.” The rest of Hank’s friends, including Hank, agreed with this young man. Then the boys started discussing some book they were reading in Mr. Fossett’s class and they argued a bit about the meanings of different scenes of the book. I thought I was in the “Twilight Zone.”
Last year my son Hank and I drove up the mountain to Appalachian to attend an open house. I was trying not to be nostalgic or emotional about taking my first born to look at a college, but Hank must have been feeling a little nostalgic himself. Climbing up 321, Hank had a pensive look on his face as he gazed out the window. Out of the blue he said “Do you think that every high school has a Mr. Fossett?” I knew exactly what he meant. I replied that I didn’t think that every high school had a Mr. Fossett, and that he was extremely lucky to have had the experience of having such a great teacher. He agreed.
Hank is now in the Honors College at Appalachian. His AP English score was great, and he was able to skip Freshman English. We owe much of Hank’s success to Mr. Fossett. He truly is one of a kind.
Tuesday, April 7, 2009
Sunshine, Lollipops and a College Degree
I was so impressed with the folks who came out to speak last night about the proposed dress code!
So many passionate parents - exuding common sense, defending the rights and feelings of their children. Pleading with the board to take another look at the dress code.
And then there were the eloquent students - anyone who says that Burke's education is inferior must not have witnessed the poise and critical thinking skills these students exhibited last night. Whether it was an organized group like the group of students from East Burke, the new Student Union at Freedom or the independent students who stood and spoke before the crowd and the "panel," I'd say we have some teenagers who have very bright futures.
The only things that are going to limit these students' futures is misguided focus on areas in the school system that have nothing to do with academics.
The Bureau of Labor Statistics recently published unemployment numbers for March, 2009:
Unemployment rate of those with less than a diploma: 13.3 %
Unemployment rate of those with a high school diploma: 9%
Unemployment rate of college graduates: 4.3%
How about we figure out a way to offer more AP classes for high school students? Do you have any idea what kind of credentials our kids in Burke County compete against? I am sending two kids to college (soon to be three) and the competition from urban areas is fierce!
How about we find a way to offer SAT instruction to every student who wants to go to college?
How about we focus on the under-served kids and try to find a way to encourage them to consider college? Teachers and guidance counselors could identify these kids as early as elementary school. (It is not always the “academically gifted” or honors student that should be targeted for education beyond high school – students who work hard and who are not identified as “academically gifted,” or who are not encouraged to seek the “university track,” are just as capable of achieving a college degree as those who are labeled as “gifted.”)
How about we form "Collegiate Committees" at each school made up of local citizens who could actually encourage students from all walks of life to attend college? How about these "Collegiate Committees" actually assist parents in monitoring their student's academic progress in high school, help the student with filling out college applications and financial aid forms? Did you know that UNC has scholarships that pay for the education for children whose families make 200% of the poverty level? Appalachian offers the same deal for kids whose families make 100% of the poverty level?
We have so many well educated retired Burke County citizens who would love to mentor a student through this process! In this global economy, we must underscore the importance of achieving education beyond high school to our children. Sometimes this influence needs to come from someone other than a parent or a teacher.
The young adult students who showed up last night have the 'right stuff.' Their parents have the 'right stuff'' - they showed up last night and supported their children. These students will probably excel because they have motivation and parental support. How about we try to reach the ones that are seeking that motivation and support, or who don't even know that they need it.
"Ain't This What Dreams are Made Of?" (apologies to the BoDeans)
The school board majority’s contempt for the public is stunning. That contempt appears to be reciprocated by many sectors of the county as demonstrated by the interaction between the board and the public at Monday’s school board meeting.
I can’t imagine what it is like to thwart the will of the people so blatantly. Since I have been watching the school board, the majority has shown their contempt for the Constitution, they have shown contempt for fair dealing and some members have shown contempt for honesty. At least George Bush, who was accused of many of the same offenses, had “handlers” that made sure that he did not return the derision that so many felt for him. After witnessing the board last night, I have new respect for Mr. Bush for the ability to “take the punches,” remain “above it all” and still feel affection for the people one serves.
Wouldn’t it be nice to have some criteria for our school board members other than being a resident of the school district that they represent?
I am just dreaming here, but there are some criteria that the county would be well served to consider regarding qualifications of board members:
Conflict of Interest:
1. No board member shall enter into an employment status with another board member so that one board member is subordinate to the other in that employment.
2. No candidate for the board or member of the board shall have a spouse or first degree relative who is employed by the board of education for which he/she seeks or holds office. Or, in the alternative,
3. Any board member who has a spouse or first degree relative employed by the board of education must recuse himself/herself from any discussions/decisions or votes that would impact said spouse or first degree relative.
This is really dreaming:
1. Board members shall endeavor to avoid the appearance of impropriety in any public setting.
2. Board members shall not denigrate school employees in public nor shall they disparage the education system to the public.
3. Board members shall be evaluated annually by employees of the school system and by randomly selected parents of students in the school system through the means of anonymous evaluations. These evaluations would be analyzed by a community board of oversight who would recommend removal to the State Board of Education in the event it was determined that there was “no confidence” in members as revealed by the evaluations.
I don’t dream big, but I do dream.
Saturday, April 4, 2009
Mediation?
In my opinion, the working relationship between the Superintendent and the Board has only survived as long as it has because the Superintendent has had a remarkable ability to rise above the treatment this board has shown him. I say “remarkable,” because anyone else in this position who was constantly publicly demeaned and attacked by his employers would have left the position by now. I understand Mr. Burleson’s faith is very strong and that he is dedicated to the students of Burke County and that is perhaps why he has been able to withstand all of the invective and insult directed toward him for the past couple of years. Unlike certain school board members, Mr. Burleson has never engaged in insults or hostile behavior. He is the better man.
That being said, it seems to me that the relationship between the superintendent and the school board has been so poisoned that I can’t imagine that the superintendent’s health and family aren’t suffering. It is clear to me that the community is suffering.
Mediation?
Caveat: I have been trained in Superior Court Mediation but have not pursued certification. I have been party to mediations in my position as General Counsel. One friend mentioned the idea of mediation a while back as a possible remedy to resolving some of the issues between the board and the superintendent. At that time I thought such an endeavor would not be successful because there was no one particular issue that the mediator could focus on. However, times have changed. I think the board, Mr. Burleson and the community would be well served to engage in a professional mediation before they make any final decisions regarding Mr. Burleson’s contract. Mediations do not always succeed, and even when they do succeed, the parties do not emerge and “hug it out.” Difficult decisions are made, compromises are made and everyone has the opportunity to be heard.
It is true that both sides can play “hard ball,” but the only parties who would gain in that scenario are the lawyers. The county would lose money in the form of legal fees and possible monetary judgments against them, and the community would be wounded and split for some time to come.
The majority of the school board still needs to be held accountable, but I don't think they are going to be influenced by angry mobs because they feel they have a "mandate" to remove Mr. Burleson. I fear that all of the opposition demonstrated only solidifies the majority's resolve to act - it gives certain members the opportunity to engage in the "martyr complex" some of them have so wholly bought into.
The public's recourse is by voting in November and by demanding from our state legislators the strengthening of state statutes regarding the removal of local school board members for violation of their duties and abuse of power, and enacting a statute to give the citizens the right to recall local school board members.
Just my opinion.
Thursday, April 2, 2009
Et tu Brute?
We all knew it was just a matter of time, but I am left with all kinds of questions.
Why is this meeting being held in open session? Typically employment contracts are discussed in closed sessions. However, terminations are handled in open session. See NCGS § 143‑318.11, (6). The pertinent language follows:
Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting.
If the board really wants to dismiss Mr. Burleson, are they going to allow Mr. Burleson the opportunity to complete his employment contract and just decline to renew it? Although that would be the “honorable” thing to do, it would not take a “special called” meeting to accomplish that.
So, I have a few questions. Is the board going to try to dismiss Mr. Burleson Monday night? Without seeing Mr. Burleson’s contract, I am left wondering if Mr. Burleson’s contract allows for notice of termination (often 6 months in employment contracts) before his actual termination date?
If the Board insists on dismissing him “post haste,” will the board (and tax payers)
1) pay him a salary in lieu of notice for the notice period called for in the contract?
2) dismiss him without paying him in lieu of salary for notice and risk a big fat wrongful termination/breach of contract lawsuit?
3) manufacture a “termination for cause,” which could also result in a big fat wrongful termation/breach of contract lawsuit?
Another possibility is that there is no notice provision in the contract, or that the period for notice has been exceeded, and the board will have to pay Mr. Burleson in lieu of salary until the end of his contract, which purportedly is sometime in 2010.
It will be interesting to see how the board decides to use the tax payer’s money.
I don’t think the board has treated Mr. Burleson with any semblance of decency or professionalism for a couple of years, and the meeting on Monday promises to be more of the same. Regardless of your feelings about Mr. Burleson’s job performance (remember, if the board had real “cause” to terminate him they would have done so already), employers should not treat employees in the manner the board has treated Mr. Burleson and expect other employees or the public to have any respect for them.
The title of this particular blog entry implies that Mr. Burleson’s trusted friends have turned on him. That may not be the case, because the board has made sure to dispatch many of Mr. Burleson’s supporters and install their own supporters so that they could more easily accomplish the task they have been focused on since their election. However, it seems to me that we as community members have let all of the school employees down by electing board members whose personal vendettas dictate the school board’s actions. Let’s see what we can do to change that in November, shall we?
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