Newspaper Page Text
WEDNESDAY, JULY 7, 2010
THE JACKSON HERALD
PAGE 5A
Do I make myself clear?
Teacher appeal continued from page 1A
STUFF IS the most
important and interest
ing word in the English
language. Our very
existence upon this
earth depends on stuff.
Without stuff, I would
not be able to write
this stuff. That is why,
when I can't think
of anything to write
about, I go looking for
stuff. Stuff never lets
me down. I am obsessed with
stuff.
Stuff means what you want it
to mean, and stuff is where you
find it. The basement, attic, extra
bedroom and closet, garage, car
port, and the bam out back are
good places to look.
My favorite storage facility
is a shoebox in the basement. I
reach in and pull out a bundle
of what I hope is important and
interesting stuff. If it isn’t impor
tant and interesting, why did I
put it in there?
For example: “Do I may
myself clear?”
I don’t remember when or
why I wrote that question in
one of my little 3x5-inch note
books. Neither do I remember
who asked it, but I have a pretty
good idea. Some politician run
ning for election or re-election
probably said it at a campaign
rally or on TV and I wrote it
down because - as is my custom
- I wanted to argue (discuss)
with him.
“Do I make myself clear?”
What do you think when you
hear that? Depends, doesn't it?
Is this Miss Lucille repri
manding me for misbehaving in
class and demanding that I pay
attention? Or is it some arrogant
so-in-so punching the air with
his fist, raising his voice to unbe
lievable decibels, and shouting
how he is going to save the
world?
In Miss Lucille's case, the
answer was “Absolutely!”
Looking back, she didn’t so
much reprimand and demand
as she did discipline. She knew
my parents and my parents
knew her. She knew my parents
expected her to discipline their
little boy. They made themselves
clear. They and Miss Lucille had
my best interests at heart. There
was a lot of love at home - and
at school.
I’m sorry, but I'm afraid there
is a disconnect between me and
some of the folks running for
governor of Georgia this year.
I haven’t heard any of them ask
(yet), “Do I make myself clear?”
When and if they do, I hope they
won’t shadow box the sky and
yell at me. And I’d like him or
her to talk to me - not at me.
Making ourselves clear should
be the goal of all of us. We don’t
do that by sternly, loudly and
boisterously demanding that we
do.
Speaking (and writing) should
be natural, simple, sincere and
calm. Even when our emotions
are running wild and we are
mad as an old wet hen, we
should keep our cool.
The key word is “communi
cation.” Do we want to make
ourselves clear? Then com
municate. Admittedly, it is not
easy.
Words - most of
them spoken, but
some transmitted with
attitude and body lan
guage - are the only
way we can do it.
Words are the only
currency with which
we can exchange
thoughts - even with
ourselves.
Lord, help us to
choose our words carefully and
use them wisely. And please.
Lord, don’t let us use them in
such a way that people think we
know everything.
Let us have the courage to say
we don't know the answer to a
question. Jon Meacham, editor
of Newsweek Magazine, said
that is perhaps the beginning of
wisdom.
John Chambers, CEO of Cisco
Systems, writing in the same
magazine, said, “It is important
to know what you don’t know.”
Knowing things that aren’t
true, and not knowing they
aren't true, is a hindrance to
making ourselves clear.
An equally serious detriment
is not knowing what we can do
and what we cannot do. I sup
pose all of us let our ambitions
overload our abilities occasion
ally. I know I do. And I believe
14 candidates who are running
for governor of Georgia do, too.
I haven't heard from all of
them yet, but chances are all of
them will be on TV before the
election. They’ll have an oppor
tunity to make themselves clear.
Here's what we know so far:
One candidate is going to
downsize government, scrap the
income tax, fix our transporta
tion and water problems - and
all the while make creating jobs
Job One.
Another, although he’s just
running for governor of Georgia,
will take control of Washington’s
out-of-control spending, get gov
ernment off our backs and out of
our pocketbooks, and solve the
immigration problem.
“I'm just the guy to do it,” said
he, with confidence. He should
have added, rather emphatically,
“Do I make myself clear?”
I don’t have the time or space
to tell you what all the next
guy says he is going to do. And
he's going to do it without any
on-the-job training. I believe he
was fired from the job eight
years ago.
Right off the bat, he’s going to
put 10,000 people to work. Then
he's going to solve every past,
present and future problem of
education. He will end furlough
days. He will reduce class size.
He will increase teachers’ pay.
He will see that teachers get the
respect they deserve, etc., etc.,
etc. Oh, he won’t cut the school
year, and he won’t cut out any
classes.
I told you I was out of time
and space. But before I go, let
me leave you with this warning:
Beware of politicians and their
promises.
Do I make myself clear?
Virgil Adams is a former
owner/editor of The Jackson
Herald,
Most of Daniel's argument
centered on comments made
by board chairperson Kathy
Wilbanks during a May meeting,
after the board voted 3-2 against
giving part-time status to some
current employees while they
also draw retirement earnings.
At that time, Wilbanks said: “I
appreciate the contribution that
the people have made to educa
tion and we thank them for their
service, but I think it’s wrong to
eliminate young people (teach
ers) that have promising careers
to keep retirees that are drawing
a retirement check.”
Daniel argued that showed an
apparent violation of federal and
school system policy against age
discrimination.
“You can’t do that,” he said.
“A RIF has to be neutral across
age, across sex, across race.
You can't take into account age,
retirement... in a RIF action.”
The Athens-based attorney
further argued that the board
adopted an “illegal RIF’ plan
after asking Wallace and other
educators to retire.
“You can’t do that,” Daniel
said. “The school system is in
serious violation of federal law.”
Brian C. Smith, an attorney
representing superintendent
Shannon Adams, said Wallace's
position was eliminated because
of the lack of federal stimulus
money next school year and
other budget shortfalls.
Wallace was the only employ
ee in the program, whose salary
and benefits totaled more than
$104,000.
Smith said Wallace's position
was included in the RIF plan to
close an estimated $4 million
general fund shortfall for the
2010-2011 school year.
Adams testified during the
hearing that school system offi
cials were also expecting state
and local revenue to drop next
school year, and the district had
made other budget cuts.
He said Wallace’s job as the
district’s student achievement
technology specialist included
analyzing student test data.
“More than anything, it was
a teacher support position,”
Adams said.
Eliminating the position,
Adams said, would not have
been as detrimental to the over
all instruction of students in the
school system.
Another key argument by
Daniel was the process used
to determine which educators
were included in the school sys
tem’s RIF plan.
Daniel pointed to the district’s
policy on implementing a RIF
plan, which says the proposal
shall include “the profession
al expertise, effectiveness and
overall job performance of indi
vidual employees as reflected
in annual evaluations as well
as the superintendent’s own
knowledge.”
Adams testified that in mak
ing a recommendation for
which positions to include in
the RIF plan, he didn't review
employee files.
The policy also says that the
superintendent should “rank
employees according to overall
job performance” for the RIF
plan.
Adams said he didn’t “rank”
employees for the proposal, but
recommended eliminating posi
tions through the RIF plan based
on financial concerns.
Daniel further tried to argue
that age discrimination is a sys
tem-wide problem with the dis
trict because of a potential lack
of adequate training in human
resource issues.
Board chairperson Wilbanks,
who also acted in a quasi
judicial function for the appeal
hearing, struck down several of
Daniel’s arguments on that and
other issues.
Daniel also tried asking
Adams about the school sys
tem’s practice of hiring back
existing employees for part-time
status, after they have officially
retired.
Smith said those other
employees’ status were not rel
evant to Wallace's job and the
school system's lack of federal
stimulus funding to continue
funding his position.
Smith further said that
Wilbanks’ comment at the May
board meeting was not about
Wallace or his non-renewed
contract. He said the hear
ing wasn't a forum to analyze
all comments made by board
members.
School system personnel
director Sarah Greene was also
asked to testily about Wallace’s
position.
Greene said when district
officials learned that it was
“highly unlikely” that the sys
tem would not receive federal
stimulus funds for the 2010-
2011 school year, it notified
Wallace in March about cutting
his position.
Greene said district officials
asked about Wallace’s retirement
eligibility because they didn’t
know if he would qualify.
Wallace planned to retire
after the 2010-2011 school year,
Daniel said. Under the state’s
teacher retirement system, those
who retire before completing 30
years of service have to pay an
early retirement penalty.
Wallace has been teaching in
Georgia for 28 and a half years,
Daniel said. He also taught in
Alabama for two and a half
years. That shortfall to the
30-year mark would have forced
him into early retirement.
Daniel asked the board to
employ Wallace for one more
year to make him eligible to
receive full retirement benefits.
“This is the opportunity for
you, as a school board, to sit
back and discuss, and say that
now is the time to correct this,”
Daniel said.
Wallace specifically asked the
school system to return him to
a job teaching social studies,
Daniel said after the hearing.
He also filed a complaint of
discrimination with the district,
which was ignored, Daniel said.
Daniel continued to argue
during closing statements that
despite financial woes for the
school system, the RIF plan was
handled illegally.
The practices of age discrimi
nation, giving part-time status to
retirees and asking employees
to retire “exposes the school,”
Daniel added.
During his closing argument,
Smith said the RIF was neces
sary — given slumping state
and local revenue for the school
system. He contended that if
Wallace's position wasn't cut,
the board would have had to
trim other expenses. Personnel
costs is the largest percentage
of the school system's budget,
he added.
“If we take out the individ
ual — the personal aspect of it
— unfortunately, somebody has
to lose their position,” he said.
“That’s the only way this can be
accomplished.”
Several people associated with
Wallace through his church testi
fied as character witnesses for
him during the hearing.
After hearing arguments for
almost three hours, the board
met behind closed-doors for an
hour to discuss personnel.
When the meeting was opened
to the public, the board voted to
uphold the RIF, as recommend
ed by Adams. Board member
Michael Cronic wasn’t present
for the hearing and meeting.
Daniel said after the meet
ing that Wallace plans to file a
complaint with the U.S. Equal
Employment Opportunity
Commission (EEOC), which
enforces federal discrimination
laws.
Pendergrass continued from JA
on the motion by the defendant's
attorneys to extend discovery time
and the motion to extend the time to
take depositions.
“I will let you know later how
much time will be given,” Judge
O’Kelley said.
A motion was filed by the lawyers
for the defendants to compel the
plaintiffs to respond to interrogato
ries.
Michael Caldwell, attorney for the
defendants, told the court that the
plaintiffs didn’t file responses to 21
interrogatories that were filed.
“The plaintiffs provided evasive
information,” Caldwell said. “The
plaintiffs have not complied by the
rules.”
Caldwell stated the plaintiffs didn’t
answer questions requesting specific
information in regard to specific
instances, names, dates and times.
Nancy Val Preda, attorney for
the plaintiffs, said “In the first 70
some odd paragraphs of the com
plaint, specific instances, times, dates
and names were in there. Detailed
answers to the interrogatory ques
tions are there, it just requires a little
reading.”
Judge O’Kelley said, “The objec
tions to the interrogatories I have
heard today are frivolous.”
LAWSUIT FILED
Last year, three former city
employees, city clerk Katherine
Rintoul and policemen Scott Rogers
and Bill Gamer, filed a lawsuit
against the city alleging wrongful
termination. The action came after
the three Pendergrass employees
came forward in mid-2009 alleg
ing widespread corruption and abuse
of funds in the town’s government.
They said they took their concerns to
the mayor, but that instead of taking
it seriously, he fired two of them.
The three whistleblowers then
went to the media and a firestorm of
controversy ensued as city officials
scrambled to fight allegations of city
corruption.
At the end of 2009, city leaders
fought off a recall effort from a group
of citizens, but a GBI investigation
was ongoing in the city over how
public funds had been handled and
spent and the three whistleblowers
had filed lawsuits against the town
and its officials. The GBI investiga
tion is still under way.
Salary continued from JA
Tolbert also announced several staff changes, including
“repositioning Sandy (Funderburk) as the chief financial
officer for the city.” She will become the deputy clerk
responsible for all financial matters.
Renee Martinez was moved to the chief city clerk posi
tion.
“This move will save us 20 hours a week in city hall
and ensure that our finances are monitored as they should
be,” Tolbert read in the statement. “Sandy will report to
the mayor, council and city administrator on all finan
cial issues. She is doing a great job and is a tremendous
asset to us. Sandy will be responsible for paying all bills,
approving all bills, payroll, taxes, audits and all financial
matters. She will monitor all of our accounts as well as our
SPLOST expenditures.”
Tolbert also reported that the city is starting a program
to make all of the hourly employees use a time clock to
clock in and out. Tolbert is also working on an update of
the city personnel policy and plans to have it ready for the
employees shortly.
Jobs continued from JA
In a related matter, the development authority took
action to designate the area where the business will be
located as a recovery zone, which will make federal funds
available for the project.
Present for the meeting were: development authority
chairman Ron Bond; authority members Roy Stowe, Gus
Johnson, Tommy Healan and Ed Thompson; attorney
Ronnie Hopkins; chamber president Shane Short; and
Jefferson city manager John Ward.
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