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Posted: 3:40 p.m. Monday, Feb. 25, 2013
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By Jim Galloway
Among those milling around at the state Capitol before Gov. Nathan Deal announced his suspension of six members of DeKalb County’s nine-member school board was state Rep. Tom Taylor, R-Dunwoody.
I asked Taylor where his legislation to establish a Dunwoody school system stood. He patted his jacket pocket, and said it was missing only a few signatures. It would be filed 15 minutes after the governor finished speaking, he promised.
***
DeKalb County is majority African-American and the most Democratic county in the state. A racial subtext is unavoidable. Behind the governor this afternoon stood eight lawmakers whose districts include at least a portion of DeKalb. Two were African-American: House Democratic Leader Stacey Abrams and state Sen. Emanuel Jones of Decatur.
Several state lawmakers from DeKalb instead chose to join reporters in the audience. One of them was state Rep. Dee Dawkins-Haigler, D-Lithonia. State Rep. Mary Margaret Oliver, D-Decatur, who stood almost directly behind the governor, waved to Dawkins-Haigler and gestured for her to join her up front with Deal.
Dawkins-Haigler shook her head. “No. Absolutely not,” she murmured.
***
How angry are Democratic state lawmakers at the DeKalb County school board for filing lawsuits challenging the constitutionality of the state law that allowed them to be ousted? Three DeKalb Democrats -- Scott Holcomb, Stacey Abrams and Mary Margaret Oliver -- have signed on to HB 468, Republican Mike Jacob's bill to bar all state school boards from expending public funds to pay for lawsuits that challenge such removals.
***
In the 11 minutes that the governor spoke, one could not help but sense that – though he might not be ready to admit it – Deal thinks the state might be on shaky constitutional ground when it comes to removing local school board members whose system accreditation is threatened. Said the governor:
“Certainly the final determination by either the superior court or the federal court, could affect the final disposition of this matter. But we don’t know what that will be at this point in time. I feel it’s my responsibility to act as the current law stands.”
Asked directly whether he believes the state law giving him authority to replace school board members is constitutional, Deal had this answer ready:
“I believe the state law is constitutional until somebody tells me otherwise.”
***
The governor had kind words for interim DeKalb school Superintendent Mike Thurmond, with whom the governor spoke twice today. “Our discussions will be ongoing,” Deal said.
So after the governor’s news conference, I asked state Sen. Jason Carter, D-Decatur, if a negotiated settlement is possible before a Fulton County Superior Court hearing on Thursday, and a U.S. District Court hearing on Friday. Said Carter:
"I think that’s certainly possible. My understanding is that there are discussions that are ongoing about resolving the lawsuits in a way that will allow us to put this part of the process behind us."
As I walked away from that scrum, I ran into state Sen. Fran Millar, R-Dunwoody, who may work with Carter and other Democratic senators on legislation that would give a governor a broader range of options in the future.
But as for ongoing negotiations, Millar said the only real question is whether all six board members will remain suspended, or if two will be allowed back on the board.
Suspending six leaves the school board without a quorum to operate, I pointed out.
“Some of us don’t think that’s a bad thing,” Millar said, adding that it would give interim DeKalb school superintendent Michael Thurmond a free hand to make some very quick, but needed changes.
***
My AJC colleague Ty Tagami just chatted with Eugene Walker, the former chairman of the DeKalb County school board -- and one of six board members suspended by the governor. From Tagami:
Walker called the suspension "distressing" because "it gives the impression that we've done something criminally wrong."
"You don't take anybody out of office for political reasons and that's what's being done here," said Walker, the only named plaintiff in the board's lawsuits against Deal in the state and federal courts. "All we've done … is act in the best interest of the school system."
Walker vowed to press on with the lawsuits. "Why would we resign? We've done nothing wrong," he said.
Walker defended the use of taxpayer dollars to fund the lawsuits. "I'm using public money to help protect the democratic process," he said, describing the legal fight as educational for the public. "What price do you put on liberty and justice?"
Walker said the proper way to remove him and other board members is through a grassroots recall, rather than an action from on high like Deal is taking. He said if he's removed from the board, he may run for another term when all seats are up in 2014.
***
Oops. At his presser, Gov. Nathan Deal announced the formation of panel to select replacement members of the DeKalb County school board. The panel, he said, would be chaired by Keith Mason, who -- as Capitol insiders know -- was Gov. Zell Miller's chief of staff.
The governor mispoke, his people said late today. Deal meant to say "Kenneth" Mason, who belongs to this resume:
Mason was appointed to the State Board of Education in 2011 as the member for the 5th Congressional District, which includes a portion of DeKalb. He is the director of Urban Initiatives for the Southern Regional Education Board where he promotes college and career readiness for all students. Mason earned a bachelor’s degree in Physics from Hendrix College in Arkansas and a master’s in Teaching/Education from the University of San Francisco. He resides in Atlanta.
Jim Galloway is a three-decade veteran of the Atlanta Journal-Constitution who writes the Political Insider blog and column.
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