How can the NAACP Legal Defense Fund speak for the class without speaking to the class?

"Many of our nations' most cherished notions of justice and equality have acquired the force of law because of the NAACP Legal Defense and Educational Funds, Inc."

As I read the brief filed  by the NAACP Legal Defense Fund on behalf of the Plaintiffs in the HCS desegregation lawsuit, I wonder how an organization steeped in civil rights law could be so out of step with the Plaintiffs, as outlined by the United States Department of Justice in their motion opposing the school districts rezoning plan?  Is this a case of divide and conquer?

Wardynski and the BOE, enabled by the media, insist the NAACP LDF sides with them against the Department of Justice.  I have read the BRIEF OF PLAINTIFFS REGARDING MOTION OF DEFENDANTS FOR APPROVAL OF DEFENDANTS STUDENT ASSIGNMENT PLAN page by page, line by line, footnote by footnote, and it is my understanding  the special counsel for the Plaintiffs (Norman J. Chachkin) is not opposed to the new school construction plan because of penalties the BOE would incur if they don't start construction of the new Grissom and the new Johnson High Schools by a certain date due to Arbitrage (Page 6-7 and footnotes page 6).  The Plaintiffs attorney (NAACP LDF) reserved the right to oppose the rezoning plan and further litigate whatever issues he deems are in the best interest of the class.

The motion filed by HCS request the courts approval, and DOJ agreement, to build a new Johnson High School and a new Grissom High School (footnotes page 4). The court did not approve, and the DOJ did not agree to closing Johnson, renaming Johnson High School , or combining Butler High School with Johnson High School.  In other words, the LDF has not dismissed this lawsuit.

That said, I can see how some  interpret the motion as the NAACP LDF siding with the school board, and that is what Attorney for the Plaintiffs, Norman J. Chachkin and the NAACP Legal Defense Fund (not to be confused with the NAACP) need to clarify publicly and in plain English.

Counsel spoke for the Plaintiffs without speaking to the Plaintiffs, and therein lies the problem. Chachkin justifies his actions by noting  he has a special obligation granted to him by the court in rule 203, as amended in 2003, to protect the rights of the class.  The class needs to know if he is with the class or, with the school district.  Should the court revisit the decision to name a specific counsel/ firm as special counsel for the Plaintiffs?   

 I'm just saying..... the NAACP Legal Defense Fund has some splannin' to do.

Contact Information:
Norman J.Chachkin, Attorney for Plaintiffs
nchachkin@hvc.rr.com

Sherrilyn A. Ifill
President and Director-Counsel NAACP LDF
sifill@naacpldf.org

Johnathan Sandville
Chief Development Officer
jsandvill@naacplld.org

Correction~"We Shall Overcome Someday"

Several groups, including Chamber of Commerce of Huntsville/Madison County, show their support for the Huntsville Board of Education by standing together on the steps of the Annie Merts Center on March 18, 2014. Community leaders spoke in support of the school board while protesters stood on the sidewalk. (Eric Schultz / eschultz@al.com) 

Correction:  The DOJ and the HCS agree to the closing Butler High School, what is not agreed to is combining J.O.Johnson High School and Butler High School.

The Huntsville Madison County Chamber of Commerce  is injecting themselves even deeper  into the court battle between the US Department of Justice and the Huntsville school system over the system's new student assignment plan. Links inserted for emphasis and clarity:

The Huntsville/Madison County Chamber of Commerce on Friday wrote to U.S. District Judge Madeline Hughes Haikala, offering a counterargument to several letters written by black politicians, black ministers and black citizens across Huntsville.
The Chamber told the federal judge that black citizens in north Huntsville had not been ignored during zoning deliberations. That assertion contradicts letters to judge that were signed by all black elected officials in Huntsville save one, school board member Laurie McCaulley.

Again, predominately white groups are basically calling black citizens liars, expecting the black community to go along with their desire for unitary status without discussion or input.  

 Suppressing dissent by silencing taxpayers is a nice nasty way of saying you aren't valued as a person, we know what is best for you, and how your tax dollars should be spent.  We will do what we want to do in your community because you need the government to take care of you.

 The Chamber has the same right (pun intended) to write the Judge as any other taxpayer, but I would to like to take this opportunity to correct some factually incorrect assertions (for lack of better words) contained in their letter.

"The Chamber told the federal judge that black citizens in north Huntsville had not been ignored during zoning deliberations."  There is a well documented public record of black citizens being ignored, marginalized, and minimized during the deliberations.

The U.S. Department of Justice says that there was no need for months of secrecy surrounding plans to close Butler High and redraw zone lines across Huntsville. 
In fact, a federal attorney wrote that Washington never gagged the school board nor Superintendent Casey Wardynski, despite the board's recent claims.

 "The Chamber letter argues that busing from Monte Sano to Lee creates logistical difficulties and that removing Hereford would decrease diversity at the new Jemison High."

 Monte Sano is exactly 16 minutes from Huntsville High ,and 16 minutes from Lee High School so what logistical difficulties would be created?  Back in the day students from Monte Sano were zoned for Lee High School.    Hereford Elementary is the former Terry Height's Elementary school and is predominately black.  The new Jemison is predominately black, you do the math then explain how removing Hereford would decrease diversity at the new Jemison High School.

"The NAACP Legal Defense Fund -- a plaintiff in the long-running suit -- split with the Justice Department on this issue and does not oppose Huntsville's plan." 

Enabled by the media,  HCS keeps repeating The NAACP Legal Defense Fund did not oppose the Huntsville City Schools rezoning plan meme, counting on the public to infer the NAACP LDF supports the plan.
What they don't count on is the public having enough sense to read the motion for themselves.  The special counsel for the plaintiffs (Norman J. Chachkin) is not opposed to the new school construction plan because of penalties the BOE would incur if they don't start construction of the new Grissom and the new Johnson High Schools by a certain date due to Arbitrage (Page 6-7 and footnotes page 6). The Plaintiffs attorney reserved the right to oppose the rezoning plan and further litigate whatever issues he deems are in the best interest of the class.
 In other words, the LDF has not dismissed this lawsuit.
The motion filed by HCS BOE request the courts approval, and DOJ agreement, to build a new Johnson High School and a new Grissom High School (footnotes page 4). The court did not approve, and the DOJ did not agree to closing Johnson, renaming Johnson, or closing and combining Butler High School with Johnson High School. The closing of Butler is part of the rezoning plan which the LDF reserved the right to oppose.

" They write to the judge no one was excluded from planning, noting Huntsville held a meeting at each high school before filing for approval of the zoning plan. The meetings, taking place in the course of a week, were not designed to incorporate public input, but to allow citizens to ask questions and finally see the maps." The community meetings were held after the fact.

Dr. Wardynski and every one of the current board members are, evidently, terrified of actually answering questions from the public.
At the “Community Conversations” scheduled to supposedly allow the community to converse with the superintendent and the board of education about their “plan” for redistricting Huntsville, the community is, once again, not allowed to ask questions about the plan.

"All were given equal access to our school leaders," reads the Chamber letter.

So, on January 16th, at a meeting to discuss changes in the school zone lines, Wardynski spent half of his time talking about his accomplishments before even beginning the rezoning discussion.
After he wrapped up patting himself on the back, he then presented the district’s zoning plan. (You’ll have to scroll down to page 30 to see the new plans.)
Following his presentation of the rezoning plan (which does contain changes to the Grissom zoning, despite Wardynski’s assurance on January 14, 2013 that he was not rezoning Grissom), he left a total of 12 minutes for the “public” to ask questions at the meeting.
Mr. Blair, because he is terrified of facing the voters, decided that those twelve minutes should be reserved for the public officials present at the meeting. And so the Mayor, Councilman Russell (who both expressed “full faith and confidence” in both Wardynski and the Board) spoke first. Councilman Showers spoke third and made Wardynski quite nervous as witnessed by his rapid foot tapping.

" Perhaps the strongest portion of the Chamber letter is a bullet point list of recent school programs, including: breakfasts for students who qualify for free or reduced-price lunches; increase pre-kindergarten for low-income families; centralized teacher assignment to racially balance faculties; laptops for every student in third grade or higher; extended school year for Title I schools."

The summer feeding program is funded by the United States Department of Agriculture.  The extended school year for Title 1 schools is a federally funded program.  Centralized teacher assignment to racially balance faculties equals Teach for America teachers for north Huntsville schools, and certified teachers for south Huntsville Schools.  The laptops  for every student was also done without parental input or consideration.

"Unlike black citizens in north Huntsville, the Chamber members largely are not members of the aggrieved party in the 51-year-old lawsuit. It is unclear if the letter will be added to the court record.
As for approval of the city's zoning plan, the next round of legal briefs are due by May 16."

“The United States continues to wrestle with the legacy of race and slavery and segregation, that’s still there, the vestiges of discrimination…” President Obama  addressing the Donald Sterling issue while attending a press conference in Kuala Lumpur, Malaysia.

I wish the Chamber of Commerce and the Board of Education would initiate a public relations campaign to unite our city with the same gusto they are carrying out in favor of keeping the schools segregated.  Imagine the possibilities if every child, regardless of their race or address had equal access to a quality education?  Huntsville could be the shining example for education reform not just in our state, but our country.

Education is the hope of the republic

Breaking News Update ~Let the Retaliation Begin

 

Huntsville Superintendent Casey Wardynski, center, and school board president Laurie McCaulley, right, listen Monday afternoon as Huntsville resident Carlos Mathews talks about the choosing of possible names for a new northwest Huntsville high school to replace Johnson High. Behind Mathews are pictures of astronauts Ronald McNair and Mae Carol Jemison, whose names may grace the new high school and a new junior high to be built on the same campus. (Crystal Bonvillian/cbonvillian@al.com) 


Breaking News Update! County Commissioner's daughter files lawsuit claiming school board retaliation.

An overflow crowd filled First Missionary Baptist Church Wednesday night to pray for peace and equality in Huntsville's schools. But did the prayers help mend the rift between the city's black leaders and its school officials?

Absolutely Not, it only made school officials more determined not to listen to the city's black community.  Thanks to BOE member Laurie McCaulley, the only black elected official who supports the re-segregation of the school district, we know the only reason the Superintendent and the Board of Education attended the meeting was because Mayor Battle invited them. It must have been painful for them to have to sit there and listen to the lies and deceptions be exposed before God and country.

Mending fences with the black community is the last thing on the mind of this superintendent. Wardynski, assisted by the district 1 BOE representative , and the president of the Huntsville Council of PTSA's, attended the J.O.Johnson PTSA election the day after the prayer vigil.  According to my sources, with Wardynski, McCaulley, and Elisa Ferrall in attendance,  members of the J.O. Johnson Alumni Association were told their individual memberships were not valid because there were no copies of their membership applications.  They were also informed the application fees they paid were a donation, and refused to refund them.  So they had a record of the donations but not the membership.  Only two members of the JOJ Alumni Association were allowed to vote, but here's the kicker, ballots were not secret, they had to be printed and signed or they weren't counted.

Reynard Jones was elected President, and Carlos Matthews was elected Vice President of the J.O.Johnson PTSA by a vote of 21-2.  Neither of these persons have children who attend J.O. Johnson,  nor are either J.O.Johnson Alums.  Both were members of the hand picked members of the so called naming committee.

Last night the Huntsville City School Board of Education violated their own policy on the Selection of School, Facility, and/or Property Name (Policy 2.9, presented September 5, 2013) by concluding the process and voting on the new names approximately three weeks before they were allowed to do so.
On September 5, 2013, the board met and discussed during their work session a new policy entitled, “Selection of School, Facility, and/or Property Name” (Policy 2.9). This policy was necessary to ensure that the process of receiving new names for schools would be as open to the public as possible. Laurie McCaulley, who was at that time serving as the School Board President, assured the public present that evening that the public would have every opportunity to “have input on these changes.”

 Why is Wardynski trying to gain control of the J.O.Johnson PTSA?  Possibly for the same reason the BOE violated their own naming policy.

The board was receiving political heat over this decision, and they don’t like political heat or pressure. Despite their claims to the contrary, they actually do prefer it when the board room is filled with nothing but employees whom they control.
That was why they held between 10 and 15 seats in a standing room only crowd last night for TFAers. (There are, by the way, only about 50 seats in the room that aren’t always taken by school district employees.)
That was why they kept the general public waiting outside until 5:15pm.
That was why they instigated a new policy of requiring all questions from the public during the work session part of the meeting to be submitted in writing (that they then refused to read out loud).
That was why Dr. Robinson decided that it would be a good idea to berate Johnson parents for supposedly caring more about the name of the school rather than the test scores when she said, “My challenge would be to those folks who have been spending a lot of time focused on the name that you might want to put that same focus on the test scores.”
That was why Ms. McCaulley seemed to have such difficulty reading citizens’ questions or putting forth a coherent statement on her position.
That was why Mr. Blair seemed incapable of doing anything other than demand complete silence from a crowd of interested citizens.
That was why Dr. Wardynski asked security to remove the few non-employees who managed to get seats in the room.
Wardynski, Blair and Robinson are all three looking ahead to their own political futures, and they decided that the naming question had embarrassed them long enough.
Mr. Culbreath’s only contribution was to claim, by holding up a folder that he “had received only a few hours ago,” that he just didn’t understand how anyone could claim that this process had been anything other than transparent.
Well, Mr. Culbreath, when the board refuses to follow their own rules, the process is significantly less transparent than it should be, don’t you think?
Only Mr. Birney seemed genuinely concerned about the process that they were pushing through when he shared that Mae Jemison didn’t appreciate her southern heritage by pointing out, “You may have the possibility of Dr. Jemison refusing this as she has publicly declaimed the fact that she was born in the south. She resented that heritage.” Mr. Birney was the lone dissenting voice on this matter last night.
Thank you, Mr. Birney.
This is just one more example of this board and this superintendent doing exactly what they want to do in the way they want to do it without consideration of what the community wants. They’ve done it with Special Education students. They’ve done it with the naming of schools. They’ve done it with the location of schools.
Next up, they’ll be doing it with the rezoning of schools.
It’s time for all of them to be sent packing.

Is what Paul Gattis | pgattis@al.com  said true?

No great insight here but this showdown is good for no one. Hopefully this difficult situation will find a proper resolution to the betterment of children in Huntsville. Sadly, it's hard to envision that right now.

 Time will tell the truth, but based on the actions of this Superintendent and this Board of Education I don't believe finding a proper resolution to the betterment of ALL children in Huntsville is in the cards. Ironically, Wardynski and Company could have probably gotten away with their evil plan if  a number of councilmen and elected officials had warned him it would be a gargantuan mistake to change the name of Lee, I mean, J.O.Johnson High School.

I repeat:

As long as the quality of public education in Huntsville is based on parental income and property values there is no hope for the Huntsville City Schools.

From the position paper:

Again, we agree with the United States Department of Justice that the students of Northwest Huntsville deserve fair and equitable treatment in respect to all of their relationships with Huntsville City Schools System.

 You are either for fair and equitable treatment in respect to all students, or you are against fair and equitable treatment for all students in respect to all of their relationships with Huntsville City Schools.

Standing in the School House Door Huntsville, Alabama Style

The Huntsville/Madison County Chamber of Commerce, Huntsville City Schools personnel, the Mayor,  the Board of Education, and  the Huntsville Council of PTA's went on a full scale media enabled public relations offensive yesterday, or as I like to call it, Standing in the School House Door Huntsville City Schools style with a few Negro's thrown in for....... color.  Nod, nod, wink, wink, we see you.

al.com's version:

The event comes after the district's formal response to the U.S. Department of Justice concerning the school rezoning plan and public criticisms from Madison County Commissioner Bob Harrison, Councilman Richard Showers and a group of northwest Huntsville residents.

My translation:  How dare those Negro's think they have rights!

The event comes after the U.S. Department of Justice told the district don't  even think about being granted Unitary Status and Council Richard Showers and Commissioner Bob Harrison called them out for as the young people say "dissing their constituents".

 The "rally" moved inside the building for part 2 of the PR offensive as the Superintendent posed with African American students, and the BOE was allowed to bash, bully, and browbeat citizens, and accuse them of threatening their lives on camera, but turning the camera's off when it was time for the citizens to speak.  Can't have the public hearing both sides of the story, that would be too much like right, pun intended. He/she who controls the message controls the outcome.

The Chamber’s Board of Directors also approved a position statement saying it supports the Huntsville City School system’s endeavors to seek unitary status.
Part of the statement reads:
“By attaining unitary status, the (school) System seeks to demonstrate to the local community, businesses, potential residents and the military services that it no longer operates two separate systems – one for African-American students and one for White students – and that it does not discriminate against any students based on their race.
“Unitary status will give the system the autonomy and agility to make education decisions locally in this age of accelerating change. This ensures that our school board is accountable to the citizens of Huntsville. Operating Huntsville as a unitary system will ensure our city is globally competitive and our economy will provide high wage jobs for our graduates and a strong tax base to support quality education for all students.”

So here's the deal, The Chamber's Board of Directors, Warynski, and the BOE wants Unitary Status in theory but not in practice.  They want to be able to say they don't have a dual school system while they maintain and operate a dual school system.  I wonder what part of Unitary don't they understand?

The U.S. Department of Justice fired back in federal court late last night, asserting that the Huntsville school board's plan for redrawing zone lines "would leave most students in segregated schools and, in some cases, assign them to even more segregated educational environments."

While the Chamber and others are supporting the superintendent and the BOE, who is supporting parents and students?  Not the people who were elected and are being paid that's for sure.  They care more about pretending to be a Unitary school district than they do the fact they are planning to build a $65 million dollar school less than half a mile from an active rock quarry.  A school the community did not ask for, or need.  A school that was illegally renamed against the wishes of the community. 
 
While the Chamber, the Mayor, and four members of the NW Cluster of PTA's support Wardynski and the BOE,  as for me and mine, we will continue to support the parents and children.  Lord knows nobody else is.

From: Bill Denney
Sent: Saturday, March 15, 2014 12:51 PM
To: Bob Harrison
Subject: Your Rant

Commissioner,
Your rant and accusations are TOTALLY unfounded. You had and vehemently supported a Negro female Superintendent who ran the school system, both physically and economically, into the ground.
It is time Negroes, you included, grew up and acted like adult AMERICANS instead of whinnying Negroes with an "America owes me" mentality.
You personify ALL that is wrong with Negroes in America.
Grow up and act like an ADULT AMERICAN instead of a Negro who always uses the race card as an excuse to whine because you don't get what you want.

 
FIRE ALL CAREER POLITICIANS
THEY ARE DESTROYING AMERICA
WHILE MAKING
MILLIONAIRE$ OF THEMSELVES

It's 1960 all over again, but Shhhh, don't tell anyone and maybe it will go away.    Sigh 

Welcome to The Huntsville City Schools Demilitarized Zone

The Seoul Guide

Let's recap.

In a 3-2 vote, the The Huntsville City School Board of misEducation fired the previous Superintendent, Dr. Anne Roy Moore, replacing her with retired Colonel Casey Wardynski, fondly refereed to as The Polish Hammer by the dumbest human being ever allowed to have a talk radio show. But I digress.

Opening Salvo

Dr. Casey Wardynski re enacting General Sherman's march to the Sea, firing teachers and Principals left and right, armed with S. 310, the Students First Act, sponsored by Sen. Trip Pittman and Rep. Chad Fincher. Don't let the name Student's First fool you. 

Surgical Strike

Casey you have to break the mold and prove you're not afraid of minorities, democrats, liberals, aclu types and the entire entitlement crowd! Do that, and you'll be doing the job you were hired to do! Oh yeah, not to mention striking down all racial transfers. And that includes allowing not allowing whites to racially transfer either. If you don't like where your child goes to school, move to where they can be zoned into a school of your preference, that's what I had to do!

Classify the Plan

Huntsville on Thursday finally got a look at the closely guarded plans for shuffling school zone lines.
City maps and computer slides and a lengthy history lesson greeted the crowd, as more than a hundred shoehorned into the board meeting room, spilling into the halls, listening as Superintendent Casey Wardynski laid out his vision for which kids should attend which Huntsville schools.

Suppress Dissent 

Announce the plan in a five day count down and structure the delivery so that no one knows who their allies are at the meeting. No time to oppose and no idea who to rally.

Bonus Earned 

Address the Desegregation Court Order. (7.4 out of 10 points.) To earn these 7.4 points, Dr. Wardynski has hired another lawyer, Marie Sneed, to do the work of addressing this concern.

Mission Accomplished

 The plan will be presented to the school board and is scheduled to be voted on at tonight's meeting. Click here to see the agenda.
If no compromise is reached between the district and the Department of Justice on the system's plan or the DOJ counter proposal, school officials will take matters to federal court.

How can we fight back?

Since our board and superintendent don’t want to answer questions from the public about their version of the rezoning plan, I would suggest going over their head to the Department of Justice.
The DoJ, will after all, have final say about what the plan looks like anyway.
Let Sarah Hinger know that the district is completely ignoring public input into this plan. As she stated in her letter to J. R. Brooks dated December 17, 2013, the district is actually required to be involved in the plan to unify the district. I’m sure that she would be interested in knowing that the district is not doing so.

You may contact Ms. Hinger via the Department of Justice at the following address:

U.S. Department of Justice
Civil Rights Division, Educational Opportunities Section
950 Pennsylvania Avenue, NW
Patrick Henry Building, Suite 4300
Washington, DC 20530
(202) 514-4902
(202) 514-8337 (Fax)
sarah.hinger@usdoj.gov

What Geek Pavaler said

I’m certain that since Wardynski is going to soon file suit against the Department of Justice, that she would be interested in knowing how little the public has been involved in this process.
It would seem that the board and superintendent need to look up the definition of the word conversation.

 It is painful to watch democracy, fairness, and justice, die. I and woke up this morning with that same sick feeling I had after the not guilty verdict in the  George Zimmerman trial.

 "This city belongs to us, the people. It doesn’t belong to the Huntsville Times. It doesn’t belong to the Huntsville Board of Education. It doesn’t belong to Dr. Wardynski. It belongs to us."  ~Geek Pavaler

Rarely is the question asked.....