Paz had just appointed two talented
African-Americans, Kelly Langford and Harriett Scarborough, to a pair of
his new “officer” positions in the clumsy, ramshackle
“reorganization” of the TUSD administration. His previous attempt to
“reorganize” the District resulted in the whitest administration in
memory and several minority administrators were publicly, and
unnecessarily, humiliated in the process. Paz, who has the political IQ
of broccoli, did not see what Copeland saw: blatant tokenism.
So, instead of fawning over Paz and praising his
elevation of Langford and Scarborough, Copeland ripped into him for the
clumsiness, cruelty, and overall racial insensitivity of the
“reorganization” process. Copeland can rip with the best of them.
Paz, who surrounds himself with sycophants and is unaccustomed to
disagreement, was speechless. He stormed away from Copeland, walked into
his office area, returned to the Board Room, glared at Copeland, and
pointedly slammed the door when he left her presence. Copeland just
smiled and shook her head. Paz was clueless, easily rattled, and
high-strung. Dead meat for Copeland.
Whatever his skills and talents – and he manages to
hide them well – Paz is the most politically obtuse Superintendent in
TUSD history. He did not, or could not, see what Copeland saw: that the
elevation of Langford and Scarborough had more to do with deflecting
community anger over the reorganization process than merit. The shame is
that Scarborough and Langford are experienced, respected, and talented
administrators who did not deserve to be smeared with the stain of
tokenism. Paz made a political move, a transparent one at that, and
nobody was fooled. A Superintendent with a modicum of political smarts
would have elevated them early and proactively, not late and reactively.
They, and TUSD, deserved better.
After Paz’ surprise reorganization in March, he met
privately with Albert Soto, Chairperson of the Independent Citizens’
Committee (ICC), a group created by the Fisher-Mendoza desegregation
lawsuit to monitor the District’s compliance with the Order that
mandated desegregation. Paz declared war on the ICC within months of his
hiring and the relations between the Committee and the Superintendent
have been rocky. Nonetheless, Paz has attended ICC meetings and is
usually available to meet with whoever is the Chairperson at the time.
At Soto’s request, a meeting was scheduled.
TUSD Senior Legal Counsel Jane Butler also attended
the meeting. As Soto complained about the purge of minority
administrators and the way they were treated, Butler decided to weigh
in. “If minorities can’t get the job done,” she told Soto, “why
not give white people a chance?” Soto was speechless. He expected
racial insensitivity, given the recent history in the District. He did
not expect to hear such a racially loaded comment, especially from the
District’s top lawyer. Paz did not correct Butler. In fact, he said
nothing at all. Soto is still angry about Butler’s comments.
Whether it stems from Paz’ political ineptitude,
Butler’s insensitivity, or something else, the fact is that equal
opportunity and racial sensitivity have fallen off the TUSD radar
screen. The reorganization eliminated the Equity Development Department
(EDD), the entity that was tasked with enforcing compliance with the
various laws, regulations, Office for Civil Rights (OCR) agreements, and
court orders that govern TUSD. As of July 1, 2003, there was no process
within TUSD that allowed employees, parents, and students to file
complaints of unlawful discrimination. Paz claims that a similar entity
will eventually replace the EDD. Court orders are not suspended for
bureaucratic clumsiness. Paragraph 19 of the Stipulation of Settlement
in the Fisher-Mendoza case requires that the District provide an
independent office, such as the EDD, for minority students and parents
to file complaints of unlawful discrimination. When the EDD was
eliminated as of July 1, 2003, and nothing replaced it, the District
arguably placed itself in violation of the Court Order. Paz and Butler
don’t seem to care.
The ICC cares. Soto wrote Federal Judge Alfredo
Marquez and requested that the Court examine the District’s lack of
compliance with the Fisher-Mendoza decree and civil rights laws and
regulations in general. Marquez granted Soto’s request and ordered the
District’s privately retained lawyers, Deconcini, McDonald, Yetwin,
and Lacy, to respond to the allegations that the District was in
potential violation of the Court Order. There is a lot of expensive
lawyering going on right now, in anticipation of a seminal court hearing
this fall. The taxpayers of TUSD are paying thousands of dollars in
legal fees because of Paz and Butler’s apparent disregard of civil
rights laws and the Court Order. It’s not money well spent. It’s a
waste of money, totally unnecessary, and a major distraction during the
beginning of school.
Another example of the District’s negligence in the
area of equal opportunity law is the dismantling of the “Meaningful
Access” program for language minorities. Complaints had been filed
against the District with the OCRs of two federal agencies (Education,
and Health and Human Services) alleging violation of federal laws and
regulations that require interpretation and translation services for
language minorities. The District, as a recipient of federal funds, must
ensure that parents can effectively participate in the education of
their children regardless of English language deficiency. That means the
District must provide interpreters, if requested, for discipline
hearings, teacher-parent conferences, visits to the nurse’s office,
and so on. After substantial negotiations, the District created a
program that is reasonable, not burdensome, and regarded as a
“national model” by both federal agencies. Incredibly, every person
with any knowledge or experience in the Meaningful Access program has
been forced out. There is no way the District can honor the agreements
with the federal agencies when school starts. In fact, the District is
in violation of the agreements right now and both federal agencies know
it.
The “reorganization” of TUSD is an appalling
example of bureaucratic incompetence. The claim that the reorganizers
are making administration more efficient and directing more resources to
the classrooms is a bald-faced lie. The “reorganization” is nothing
more than a redistribution of pork. Witness Butler’s Legal Department,
where the replacement for Associate Legal Counsel Lisa Abrams will be
paid what Senior Legal Counsel Larry Klose was paid before Butler took
over. Butler already makes thousands more than Klose did. Given the
higher salary now guaranteed to her associates, she will be pushing six
figures soon. Not bad for a lawyer who never goes to court.
It all comes down to this: Paz does not listen to,
and does not understand, the TUSD community. He has exported the
reorganization of TUSD to a know-nothing “blue ribbon” committee
named TUBAC. All you need to know about TUBAC is that its second report
had nearly as much biographical information about its members as
recommendations for TUSD. It looks more like a compilation of resumes
than a serious analysis. TUBAC’s reports are, to be blunt about it,
worthless. What does that say about the reorganization?
What is says it this: the reorganization of TUSD has
a lot more to do with Paz’ social-climbing than educational service
delivery. Paz likes to brag about his “portfolio.” He once referred
to himself as the “CEO” of TUSD (prompting a fellow Superintendent
to tell him to get over himself). He likes the clubishness of TUBAC and
the admission into an elite society that has nothing in common with the
average TUSD parent and student. There is no room for equal opportunity
in that mindset.
(c) August 13, 2003 by Mike Tully