Anyone who has read commentary by this writer could possibly conclude this writer would like for the six suspended members of the DeKalb County School Board to resign.
There has been public and legal commentary offered concerning the removal of the six board members and the constitutional authority of the Governor to remove any local school board member. While much of the conversation surrounding the decision by the Governor to remove the DeKalb Six School Board Members appears to be based on Georgia Code (O.C.G.A.20-2-73).
For the record I must state I have no legal training or any expert experience in interpreting any aspect of law of any type. However, I did learn to read and did learn a little reading comprehension. With the acknowledgement of my legal experience being stated, I thought it important to actual know what (O.C.G.A.20-2-73) states.
From my reading (O.C.G.A.20-2-73) relates only to any temporary replacement of a member of a local school board. “Any temporary replacement member appointed pursuant to this paragraph or O.C.G.A.20-2-73 shall serve until the completion of the suspension or until the seat becomes vacant, whichever occurs first.”
My understanding of this statement in the law is simple, should the Governor appoints six new members they shall serve until the completion of the suspension or until the seat becomes vacant, whichever occurs first.
Should at anytime the suspended board members resign according to the law the appointed members by the Governor shall no longer by law be allowed to serve because the seat is vacant. Therefore, this writer continues to believe the six suspended board members should resign before the appointments and thereby give the voters of DeKalb the opportunity to select their replacements or seek to be re-elected by the voters.
This writer also believes others parts of the law should be viewed in light of the concerns regarding the constitutionality of (O.C.G.A.20-2-73). Again, this writer does not express any legal interpretation of the law. However, this is another section of the law for the reader to consider;
(7) SUSPENSION OF LOCAL BOARDS OF EDUCATION
(a) Any accrediting agency included in subparagraph (6.1) (A) of O.C.G.A. § 20-3-519 shall notify in writing the State School Superintendent upon placing any LEA or school on the level of accreditation immediately preceding the loss of accreditation for school board governance reasons. Such notice shall include the reason or reasons for the decision of the accrediting agency. The timeline for hearings conducted by the State Board of Education under O.C.G.A. §20-2-73or paragraph (7) (b) of this rule shall begin on the day following the State School Superintendent’s receipt of notification from the accrediting agency.
You can draw your own conclusions regarding this section. Also, the voters of DeKalb as well as the six suspended board members should also consider if there is not a scheme in place to reduce the size of the board from nine to the seven as described by the law.
It is possible the additional new six members appointed by the Governor could by law vote to change the size to the board membership. A view of this section of the law is included for you the reader to draw your own conclusion.
(3) LOCAL BOARD OF EDUCATION SIZE.
(a) In accordance with O.C.G.A. §20-2-52, each local board of education shall have no more than seven members as provided by local Act.
1. Paragraph (3) (a) shall not apply to a local board of education whose board size exceeds seven members as provided by local constitutional amendment or federal court order or pursuant to a local law in effect prior toJuly 1, 2010; provided, however, that if the local law of any such local board of education is amended to revise the number of members on such board, paragraph (3) (a) shall apply.
This writer believes there is more to what perhaps one of the largest school districts in the state Georgia is experiencing than the fact (S.A.C.S.) placed the school district on probation as apposed to loss of accreditation as stated by law.
Considering there is a subtle and yet overt goal of those who left the cities and counties years ago to return and reclaim the reigns of local governments. We must be aware every tool of government and laws will be used to implement the goal of reclaiming what some think has been lost to those who have no legitimate right to lead.
Again, the most logical move by the suspended board members would be to resign thereby eliminating the need for the Governor to appoint his six hand picked members to the Dekalb BOE and allow the people of DeKalb to make the decision.
What is happening with the DeKalb BOE as well as what is happening across the country is in this writer view is social and political warfare. As in any conflict there must be consideration for whom you are doing battle with.
A great military general once said “when your enemy is superior, you retreat, when you are equally match you agitate, when you are superior to your enemy you crush them.” To the DeKalb Suspended Six School Board Members, I suggest that you are equally matched with your enemy so your resignation would agitate your enemy thereby opening other avenues to wage to battle for who will lead the Dekalb School Board.
I ask you individually and collectively, would you want the people of DeKalb to elect new members to the school board or would you prefer the Governors hand picked committed to decide who will represent each school board seats you once occupied?
Please resign now for the good of all concerned, especially the integrity I believe each of you share.
You stated, "Now Mr. Cooper from reading your comments it appears you lack the intellectual ability to understand what is being stated with the words I wrote..".
I comprehended what you wrote except for the EGO part which I inquired about. If you knew anyone who know me, they would tell you that I'm very direct in converstation and am capable of expressing myself effectively.
My comments are straight forword and I mentioned your running for political offices because it is fact. Your written and spoken words are all that I have to represent you since we don't know each other personally. Now, unless you were disingenuous in you campaign literature and op-eds, I would say I have gleaned a fair amount of information to make an initial assessment of you.
We have different views on the BOE issue and thats okay, because we have different points of reference. You stated that you are from Memphis, well I'm from South Carolina. I've experienced the burning of a cross in the yard, pick up food from the back door and on of my grand daddy's friends being ran out of the state for assisting with a case that helped win Brown v The Board of Education.
So, I may see things diffenently than you do. I am still trying to cash that 'insufficient funds' check that Dr. King talked about. I'll have to make a point of talking to you when our paths meet again. We could go on indefinately on this board without accomplishing anything, so I'm out.
? ? ? ? WTF...only a H.I.S.B.I.C. would write the type of comments you made. Please get a life in another forum...it is apparent you have very little commentary to add to the current conversation...should you post comments worthy of a response I will gladly engage you in this forum.
Sir, I continue to be sadly amused by persons who chose to engage in verbal dialogue in this forum but fail to address the issues being discussed. It appears to me you have chosen to respond to my commentary without completely comprehending the thoughts being suggested in my writings.
My sad amusement continues when writers take the sophomoric position of addressing me rather than the issue being discussed. Mr. Cooper, should you take the time and perhaps actually read my comments you may conclude there is no reference to as you write “Jim Crow” laws, racist rights, or the history of passing laws which disenfranchise any people.
It is sad for me to read when writers responding to my commentary reference my past attempts to seek elected office, which has no bearing on the issue being discussed via this forum.
Sir…I would humbly like to inform you of the fact of my seeking elected office or writing commentary in the CrossRoadsNews paper or the online blogs are only some of whom I am but not the sum of whom I am.
Mr. Cooper, I could tell you I have been part of a once a week devotional with senior citizens in DeKalb County for the past 8 years or I could tell you I have organized three marches and rallies at the Georgia State Capitol to break the silence surrounding domestic. Even if I were to mention those things Mr. Cooper it would only represent some of who I am…so please Mr. Cooper and anyone else who want to reference my attempts to seek public office please leave that comment from the discussion because it adds no value to the conversations being discussed.
Now Mr. Cooper from reading your comments it appears you lack the intellectual ability to understand what is being stated with the words I wrote so allow my the opportunity to break it down for you.
Many of us choose to take words out of context and apply the words to support our point of view. Sir…you chose to focus on “challenge and controversy”.
I would like to believe had you read and understood Dr. Kings quote “unarmed truth and unconditional love will have the final word in reality. This is why right, temporarily defeated is stronger than evil triumphant.” Yes Sir, Mr. Cooper this is a real challenge and controversy for the six DeKalb School Board members.
Mr. Cooper…the shallow win of those six board members not resigning will not stop the fact of Mr. Deal and his hand pick team will make recommendations to fills the suspended board members seat.
Regarding Dr. King being where he was supposed to be is a question only God can answer. However, Mr. Cooper, my Savior has said He would leave us a Comforter and The Comforter will bring all things to your remembrance. The point being Mr. Cooper there are people living today who wanted to make a decision but chose to listen to the Holy Spirit and these people are alive today.
As you are aware Dr. King also once said in part “like anybody I want to live a long life, longevity has it place.”
Now Mr. Cooper, please allow me to explain to you what every recovering addict knows about EGO (Easing God Out). Anytime you make a decision without talking to God about it is your ego and not God directing you so you are easing God out of your decision making process.
Mr. Cooper you may not want to return to the days where our representatives are chosen by white folks…however, the last time I saw Governor Deal he was white and currently he has a hand picked committee who will make recommendations to fill the currently suspended BOE members seat in DeKalb County….and yes sir we do live in a representative democracy.
In closing Mr. Cooper, I am not right about any of my commentary in this forum. I simply attempt to address the fact as I see it and leave to reader to draw their own conclusion. That’s Just The Way I See It.
Why would members of the the GA General Assembly and Governor pass a law that clearly violates the Georgia Constitution?
Answer, Unconstitutional State Charter Schools by another Scam!
The 2011 Georgia Law, "A BILL TO BE ENTITLED AN ACT", and exercised by the GA Governor does the following:
1. This Law disenfranchises the vote of almost a half-million DeKalb voters,
2. disenfranchises the vote of 260,119 Black DeKalb County Voters.
3. Is in direct violation of the Section V (5) "LOCAL SCHOOL SYSTEMS" of the GA Constitution,
Paragraph I. "...Authority is granted to county and area boards of education to establish and maintain public schools within their limits...",
"Paragraph II. Boards of education . Each school system shall be under the management and control of a board of education, the members of which shall be elected as provided by law. School board members shall reside within the territory embraced by the school system...",
If the GA General Assembly would like the Governor to appoint Boards of education members, they must have pass a constitutional amendment, not pass laws which clearly violate the GA Constitution. This Statutory law, (Georgia Code (O.C.G.A.20-2-73), is subordinate to the higher constitutional laws. The private corporation AdvancED/SACS does not supersede the GA Constitution,
“Any temporary replacement member appointed pursuant to this paragraph or O.C.G.A.20-2-73 shall serve until the completion of the suspension or until the seat becomes vacant, whichever occurs first.”
This guy is woefully incompetent.
"meritorious manumission" negroes?
Sorry about replying without a name. My response to yours is below.
You are right the current law passed in 2011 does afford Nathan Deal the opportunity to remove school board members but Jum Crow laws also gave racist rights to do as they saw fit too. This country especially in the south has a history of passing laws that disenfranchise blacks. If King and others were not willing to fight against them, then we would not enjoy some of the rights they died for. Some laws are injust and we know that to be fact.
You are correct about me not knowing you but I have had an opportunity to read your words over the years. You have repeately sought political office and shared your view with us, so I only know that which you have shared.
You are also correct on King's quote about the measuring of a man. These are times of challange and controversy, so folks who chose to go along to get along in my eyes are bending their backs.
Easing God out? I'm not sure where you're going with that but I believe that Dr. King was where was supposed to be and at the appointed time when he left us. I believe him when he stated that he had been to the Mountain Top.
Finally, Deal's action should be challanged because it renders the votes of those who elected the six board members null. The voters in those districts had the ability to recall them if they desired. I don't want to return to the days where our representatives are chosen by white folks. We still live in a demcracy, don't we?
I am not sure of the implications of your comments regarding the quote of Dr. M.L.K. Jr. or your reference to “Thanking God that folks with my mindset were not around during the struggles of the sixties.”
Please afford me the opportunities to share quotes from Dr. M.L.K. Jr. which could be considered by those Dekalb School Board Members whom this writer believes should resign.
Dr. King said in Norway in 1964 “I believe that unarmed truth and unconditional love will have the final word in reality. This is why right, temporarily defeated, is stronger than evil triumphant.”
Dr. King also said in Alabama in 1963 “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly.”
Finally, Mr. Cooper another quote of Dr. King is “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
Mr. Cooper, you thanked God for folks with my mindset were not around during the sixties…sir…you know absolutely nothing of my mindset or of any actions taken by me during the struggle…however, there is an unlimited number of people who could offer testimonies about my actions during the late sixties and early seventies.
With that being said allow me to reflect on your statement by Dr. King. As a native of Memphis, I lived in Memphis when Dr. King was murdered. Had Dr. King not listen to those who complained about his stay at the Holiday Inn Rivermont thereby causing him to stay at the Lorraine Motel, perhaps Dr. King would not have been on the balcony giving the shooter the opportunity to carry out the slaying of Dr. King.
Mr. Cooper…the facts are the six members of the school board have been suspended; Gov. Deal’s hand picked committee will recommend six replacements who by law will serve until the suspension ends of the seats become vacant.
Now the real question which this writer believes should by answered by the six suspended school board members is should the people of Dekalb chose the replacements on the board or the Governor.
In closing Mr. Cooper, think on these words of the Greatest Man I know to have walked the earth. “Greater love has no one than this, than to lay down one’s life for his friends.”
Again, Mr. Cooper…if you think resigning by the six school board members is akin to bending your back then perhaps you share the same EGO ( Easing God Out) as the six.
You mentioned a great general and his comment about retreating before an enemy. Well I have a quote for you from a greater man:
"Whenever men and women straighten their backs up, they are going somewhere, because a man can't ride your back unless it is bent"
(MLK)
Resigning would be akin to bending the back. I am proud of the board members who remain standing. Thank God we didn't have folks with your mindset during our struggles in the sixties.
Your comment regarding the elected officials by electorate deserve some additional thought. This writer has often stated that an uninformed voter is most dangerous type of voter.
My reasoning is the uninformed voter has no understanding of who or why they voted for who they voted for.
There is a very simple voter awareness test which can be taken by any voter reading this commentary. If you voted in the last election name the person(s) you voted for, the office the person was seeking and just one point the person stood for which you agreed with.
This writer has ask persons immediately after voting if they knew who the candidates were seeking a seat they had voted for and they could not answer who the candidates were.
North DeKalb and Central DeKalb's elected officials are for the most part isolationist.
While they were building cities the County and the School System went to Hell. Many also can not stand it that President Barack OBama was reelected. Too bad you pasty white republicans,
LOL
DeKalb County did not have a white candidate in the race for CEO this last election. With black mega churches still pushing the "black slate" I guess most realize it's just money thrown away.
Well, this is a Democracy and one thing about a Democracy, You Deserve What You Get, Cause You Sure Voted Them In.
Many feel that it is just a matter of time till more of DeKlab's Elected Officials are seen doing the " Perp Walk ".
You are so very right regarding local control. Perhaps at some point there may be some centers of influence who would be able to communicate to the six their resignation would for the community.
Unfortunately, the BOE's actions show that putting the children first and the accreditation and local control second are not their priority.