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Rally for Fair Hiring in Durham

____________________ Read our press release about the recent campaign kick off event on November 15 to learn more about the issue. SCSJ is part of the Durham Second Chance Alliance, which is heading up the campaign. End job discrimination against people who have formerly been convicted! For more information contact: Gloria DeLos Santos, 919-794-8210 Gilda P. Womble, 919-680-8000 Ajamu Dillahunt, 919-856-3194

SCSJ Leads Another Successful Wills' Clinic in Tarboro

Woodra Harrell of Tarboro, North Carolina just could not stop raving about her wills’ clinic experience. One of 19 people who received 62 end of life documents on November 13 and November 14, 2010, Mrs. Harrell “would recommend” the Southern Coalition for Social Justice wills’ clinic “to anyone” despite the “daunting subject matter.” “Sometimes when you get something done for free people make you feel that. It was not that atmosphere at all. [SCSJ] cared and made you feel part of the process,” concluded Mrs. Harrell. And we couldn't be happier for that! The Tarboro wills' clinic is SCSJ's third since July. Thanks to our coordinating attorney Becky Jaffe, the Edgecombe County Agricultural extension, 10 UNC and Campbell law student volunteers and the serviced families who all made it possible!

Packed House Kicks Off Fair Hiring Campaign

SECOND CHANCE ALLIANCE MEDIA ADVISORY FOR IMMEDIATE RELEASE November 16, 2010 Durham, NC: A campaign for fair employment for people with a conviction history got off to a spirited start last night at an overflow meeting convened by the Durham Second Chance Alliance. More than 150 people came together at Durham’s main library to say: “We deserve a Second Chance.” They vowed to move ordinances before the Durham City Council and Durham County Commissioners removing the box that asks whether an applicant has ever been arrested or convicted of a crime from employment applications. “I refuse to be defined by the worst mistake I ever made.” “I should not be prohibited from employment for the rest of my life because of a stupid move I made a long time ago.” “I have come a long way, and I deserve a chance to make a living and support my family.” These and other stories were shared by meeting participants. More than 1.6 million people in North Carolina have criminal records; many are African American. In Durham County nearly 4,000 people are currently on probation or parole and thousands more have criminal convictions. They face constant discrimination in hiring, housing, and services which undermines their families and whole communities. “Employment is crucial to reduce recidivism-returning to prison, resulting in a safer community and lower cost to taxpayers,” argues Gilda Womble of the Second Chance Alliance. The Second Chance Alliance was initiated by InStepp, Inc., North Carolina Justice Center, Southern Coalition for Social Justice, Southside Neighborhood Association, Organization for D.A.D.S. and Action NC. The next step in the campaign is a noontime rally at Durham City Hall on Dec. 13. More than 24 cities and several states have passed “Ban the Box” ordinances, as such fair hiring initiatives are often called. “We understand that a person’s complete background and qualifications must be considered before they are offered a job,” says Alliance member Daryl Atkinson. But a person’s conviction history should only be considered when it might actually affect a person’s ability to do the specific job applied for.” The group plans to bring an ordinance before the Durham City Council by the end of January 2011. Contact: Bob Wing, Organizing and Media Coordinator Southern Coalition for Social Justice 919-323-3380 Gilda Womble, Executive Director InStepp, Inc. 919-680-8000 Ajamu Dillahunt, Community Outreach Coordinator NC Justice Center 919-856-3194

Latin Kings file complaint with DOJ alleging civil rights violations by GPD

____________________ By Jordan Green A Durham-based social justice organization has filed a complaint with the US Justice Department alleging that the Greensboro Police Department has engaged in a pattern of discrimination against the North Carolina chapter of the Almighty Latin King and Queen Nation. Based on Title VI of the 1964 Civil Rights Act, the complaint alleges that the police department’s “gang suppression” strategy intentionally targets the group commonly known as the Latin Kings because of their race, color and national origin. The complaint, which was filed on Oct. 30, alleges that the Latin Kings have been subjected to a pattern of unlawful traffic stops and searches and unjustified arrests, that members have been charged with serious crimes that are later dismissed for lack of evidence, that officers in the gang enforcement unit have been going to members places of employment to get them fired and have used excessive force during arrests. Many of these alleged abuses have been richly documented in stories published by YES! Weekly over the past two and a half years. The complaint filed by the Latin Kings comes at a time when three black and Latino police officers who have made allegations of discrimination and retaliation have been fired. AJ Blake, who was assigned to the gang unit at one time, has publicly criticized its practices. Anita Earls, executive director of the Southern Coalition for Social Justice, compared the Latin Kings’ filing to a complaint filed by a local chapter of the NAACP against the Montgomery County Police Department in Maryland alleging racial discrimination in which the Justice Department found that police subjected African Americans to different treatment during stops. “A memorandum of agreement was reached between the Justice Department and the Montgomery County Police Department based on much less compelling evidence,” Earls said. “The allegations here are more severe based on a longstanding pattern of treatment by the gang unit. I think we are raising very serious claims and they’ll take a close look at it.” Earls served as deputy assistant attorney general in the Civil Rights Division of the Justice Department under President Clinton. In addition to her work at the Southern Coalition for Social Justice, she serves on the NC Board of Elections. Title VI of the 1964 Civil Rights Act prohibits discrimination on the basis of race, color and national origin in programs and activities receiving federal financial assistance, including law enforcement agencies and hospitals. The law allows individuals who feel they have been subjected to discrimination to file an administrative complaint with the Justice Department as an alternative to resorting to litigation in the federal courts. “I think it’s worth noting that these are things that could have caused grounds for a civil suit seeking monetary damages,” Earls said. “Jorge and the Latin Kings made a deliberate choice to pursue this remedy rather than litigating because they wanted to make sure the police department works for the entire community.” North Carolina Latin Kings leader Jorge Cornell said during a press conference at the Beloved Community Center last week that he decided to found the group after an incident he witnessed in which four Hispanics got into a vehicle accident near the Greensboro Coliseum and ran from the scene and Greensboro police officers responded by going inside a nearby restaurant and arbitrarily arresting four Hispanics who had nothing to do with the accident. Cornell said the Latin Kings were harassed by Greensboro police almost from the inception of the North Carolina chapter, but that scrutiny increased dramatically after he made a call for peace among street organizations in the summer of 2008. “I’ve tried every single avenue in this community to fix the wrongs done by the police department,” Cornell said. “I’ve filed report after report with the human relations department. We’ve sat down with ministers, and they’ve talked to the police, but they’ve broken their promises. We’ve sat down with city council members, but everything falls on deaf ears. Please understand that this is not just an Almighty Latin King and Queen Nation thing. This is for the whole community. We just happen to be the ones standing up.” Following a community meeting at Oka T. Hester Park in which police Chief Ken Miller defected questions from an African-American captain who alleges he was fired for discriminatory reasons, the chief dismissed the Latin Kings’ complaint. “My position is they’ve reached out to [the] Justice [Department] like they’ve done before to say, ‘We’re a street gang and we’re being picked on,’” Miller said. “We’ll see what they say.” This is the first and only complaint that the Latin Kings have filed with the Justice Department, although Cornell took part in a delegation to the agency headquarters in Washington with a number of black and Latino officers in September. The Justice Department began an investigation of the police department in 2009 to look into allegations of employment discrimination and underrepresentation of blacks and Hispanics on the force. The results of that investigation are not known. YES! Weekly is currently seeking correspondence between outside counsel for the city and the federal agency through a public records request. In response to a request for comment, Assistant City Manager Denise Turner released a statement maintaining that “the city of Greensboro does not tolerate discrimination against any class of persons by city employees and the management fully enforces the policy against discrimination. The Greensboro Police Department working with the human relations department aggressively investigates and pursues all complaints of inappropriate treatment by Greensboro police officers through the citizen review complaint committee.” The statement also indicates that the city “will cooperate fully with any investigation from the Department of Justice but we feel confident they will find that the behavior of the city of Greensboro and the Greensboro Police Department mimics our commitment to the equal treatment for all residents of the city.” Earls said her organization has chosen to not publicly release the complaint at this time so that the city will have an opportunity to respond to it and provide data to the Justice Department. That process is likely to take a couple months, she said. The complaint also alleges that the police department’s internal process to investigate citizen complaints and the outside complaint review committee “do not constitute an adequate complaint procedure.” Anthony Wade, the city’s human relations director, said last week that he had not been aware of the complaint. “The complaint review committee has been a mechanism that’s been used in responding to citizens’ complaints and working within city departments between the police and the city manager’s office,” he said. “That’s all I can actually say without knowing more about the specific complaint.” Among the remedies suggested in the complaint is an immediate cessation of harassment; dismantling or retraining the gang unit and abandoning the suppression policy towards gangs; installing mobile video and audio equipment in all patrol vehicles; a requirement that officers provide detailed documentation for each traffic stop, including information about race of the driver, whether consent to search the vehicle was requested and granted, and whether a nonconsensual search was conducted. The complaint also calls for stronger citizen oversight of the police department, including granting the complaint review committee the power to subpoena witnesses, access to officers’ personnel files and the ability to initiate investigations based on media reports. A grassroots group calling for police accountability and professionalism will hold a meeting on Thursday at 6 p.m. at Bethel AME Church, at which citizens will have an opportunity to file additional complaints based on racial and other types of discrimination with the Justice Department. Organizers say they expect representatives from two different section of the Justice Department to be present at the meeting. Mayor Bill Knight, City Manager Rashad Young and Chief Ken Miller have also been invited, although the chief has a conflicting community meeting scheduled at Lewis Recreation Center.

Heirs' Property Owners One Step Closer to Legal Victory

On October 28, 2010, the North Carolina State Bar Ethics Committee unanimously passed 2009 FEO 8, an ethics opinion protecting heirs' property owners in North Carolina. The opinion forbids attorneys from both representing developers seeking to partition heirs' property and serving as the commissioner tasked with selling this family land at auction. When an attorney holds these two roles, developers can purchase the land for cheap and family members' could receive less than market value for their ancestral homes. In practice, the opinion will result in fewer situations where a developers' attorney runs an entire partition proceeding. "This is a huge step towards fairness in heirs' property proceedings here in North Carolina," said SCSJ staff attorney Christopher Brook. SCSJ headed up a coalition in support of 2009 FEO 8 featuring North Carolina Representative Angela Bryant, the North Carolina Advocates for Justice, Land Loss Prevention Project, the North Carolina Justice Center, the UNC Center for Civil Rights, the Heirs' Property Retention Coalition, and Self-Help. The ethics opinion now goes to the North Carolina State Bar Ethics Council for final approval.

SCSJ Conducts Wills' Clinic in Southport, NC

What do two SCSJ attorneys, seven law students from UNC and Campbell, and 48 hours in Southport, North Carolina get you? If you were one of 19 participants in SCSJ’s October 15-17 wills’ clinic, you got a total of 56 end-of-life documents to help you effectuate your plans and give you an extra piece of mind that you have helped your family prepare for a life without you. Working with an SCSJ-represented family that owns heirs’ property in the area and its church community, the clinic produced documents ranging from wills to health care powers of attorney, all while enjoying one of the last warm days down at the beach. “These wills clinic are an excellent opportunity to meet community needs, and provide law students with skills in the field of end-of-life planning,” said SCSJ coordinating attorney Becky Jaffe.

Wills Clinic

The lack of estate planning and will drafting contributes to land loss in the African-American community. SCSJ attorneys Becky Jaffe, Chris Brook and our summer legal interns will spend a weekend in Edgecombe county drafting wills for several families that have heirs' property, which is collectively-owned property passed down through multiple generations. Heirs' property is particularly vulnerable to being lost through tax issues, takeover by developers, or judicial proceedings. The wills clinics are just one part of SCSJ's efforts to help rural, African-American families protect their ancestral land. Please contact Becky Jaffe or Chris Brook for more information.

Discrimination Complaint Filed Against Wake County Schools

On September 24, SCSJ filed a discrimination complaint against the Wake County School Board and the Wake County Public School System. The complainants include the NAACP, NC H.E.A.T. (a Wake student organization), and Quinton White (a Wake County high school student). The Title VI federal civil rights complaint alleges: 1. The School Board engaged in intentional discrimination on the basis of race, color or national origin when it made certain reassignments in April of 2010. 2. These reassignments have a disparate negative impact on students on the basis of race, color or national origin. 3. The disciplinary policies employed by the Wake County Public School System have a disproportionately negative impact on African American students. The Department of Education has begun an initial investigation process. Follow the links below to read the complaint , the appendix (containing detailed reassignment data), and all of the exhibits submitted in support of the complaint. Title VI Complaint against Wake County School Board Appendix A - Reassignment Maps and Figures Exhibit 1 - 4/6/10 Board Meeting Minutes Exhibit 2 - Greater Schools in Wake Coalition, "The Need to Know More about What the Academic Research Says" Exhibit 3 - Wake County Public School System: Board Policy - Transfer of School Assignment (6203) Exhibit 4 - Greater Schools in Wake Coalition: Student Transportation Fact Sheet Exhibit 5 - Updated Node Membership Data Exhibit 6 - Wake County Public School System: Student Assignment Policy (with deletions)

Student Involved In School Board Complaint Says Minorities Are Singled Out

____________________ By Charlotte Huffman RALEIGH, N.C. - A local high school student who joined the NAACP complaint against the Wake County School Board says he feels minorities have been singled out. This comes after the Wake County School Board voted to institute community schools and to end busing to achieve socio-economic diversity. On Friday, a federal complaint accusing the Wake County School Board of discrimination was filed by the NAACP. 18-year-old Quinton White was one of 165 non-white students and three white students reassigned in April from Garner High to Southeast Raleigh High School. "We are in the south and it is no secret that racism still exists in the south and it has in the past... It's not about an individual. It's about a community, it is about a group, it is about people's futures," White said. The federal civil rights complaint filed by White, NAACP and teen youth group, NC HEAT, alleges "intentional discrimination" by the school board. However, Wake County School Board Chairman Ron Margiotta says such discrimination is a false claim. "If we wanted to we could not segregate.There are federal laws, state laws, court rulings, federal and local that prohibit it," Margiotta contested. Margiotta backed the school board's plans saying their intent with school reassignments is to focus on three things: proximity, stability for families and choice for families. He says the new reassignments are designed to fix a system that he calls an academic failure. "Just take a look at the graduation rates. The graduation rates for low income students are the lowest in North Carolina. That said, that's unacceptable. These are things we are going to try to correct," Margiotta said. Margiotta also says the complaint, along with any other legal actions, will not only cost taxpayers money but will also continue to divide the county.

Former immigration official Bedri Kulla sentenced to prison

____________________ By Rebekah L. Cowell Editor's note: See the Indy's Sept. 22 cover story about this case. Bedri Kulla is a short, compact man with a shaved head and black-framed glasses, and at 49, not the kind of guy young, pretty Latinas whose lives are full of possibility flock to. But that didn't stop him from trying—desperately—to woo a 23-year-old undocumented immigrant from El Salvador. And when she ignored his advances, he attempted to have her deported. Now Kulla is going to jail. Judge N. Carlton Tilley sentenced Kulla, a former U.S. Citizenship and Immigration Services (CIS) employee, to one year in prison, the maximum sentence. Kulla had been charged with civil rights violations and with aggravated blackmail of an undocumented immigrant. Last October, Kulla pleaded guilty to a civil rights violation charge and had been out on bond. He is scheduled to report to prison Nov. 5. Kulla's attorney, Patrick Roberts, had asked the judge to sentence his client to probation, claiming that the woman was not blackmailed, because Kulla had not asked her for money or property. However, Kulla did demand—repeatedly in dozens of ominous e-mails and text messages—that the woman engage in a sexual relationship with him or he would arrange for her to be deported. Kulla was seeking something he could not have and was not entitled to, Tilley said. And by threatening her with deportation, Kulla had violated her rights. Kulla mumbled throughout his testimony. He contended that he only wanted to be friends with the woman, but Tilley said it was clear Kulla wanted to date her. "It's obvious that [the victim] is a very attractive woman, and Mr. Kulla is not the most attractive male," Tilley said. The judge also told Roberts that he was unmoved by the 45 letters sent on Kulla's behalf to vouch for his character. Kulla's brother-in-law denied his brother had done anything wrong, calling him a "shrewd judge of character." Tilley called the letter "repulsive." In asking the judge for leniency, Roberts said Kulla "has accepted responsibility for his actions." However, when pressed by Federal Prosecutor Anand Ramaswamy, Kulla initially said he had sent only "some" of the dozens of e-mails and text messages, and made a point of examining each one as if he was unsure. Tilley called a recess. When the session resumed, Kulla admitted that he had sent every one. The victim cried as she testified. "I still feel afraid," she said. Kulla, who has been divorced four times, has a history of using his position to inappropriately contact young Latinas. Experanza Wilson, a detention and deportation officer for Immigration and Customs Enforcement (ICE) in Washington, D.C., testified about an April 2008 incident involving Kulla, who was then working in an administrative position in the Washington field office. Wilson, who was Kulla's supervisor at the time, told the court that Kulla had given a young Latina who had come to the field office a note with his personal cell phone number and instructions to call him after 5 p.m. An attorney for the woman contacted Wilson, who in turn called the number and discovered it was Kulla's. Wilson used surveillance footage from the lobby, which has since been destroyed, to identify the young woman to whom Kulla gave the note. "She was young, very pretty, very reserved and demure," Wilson said. Kulla was very friendly with young female clients and charming with older women but gruff with men, Wilson testified. "He could be aggressive," Wilson said, adding that several of Kulla's colleagues had filed written complaints about his behavior toward them. Wilson said she had been monitoring Kulla because he had overstepped his role several times, including receiving faxes that were addressed to "Officer" Kulla. "I had many issues with Mr. Kulla," said Wilson, who had reported her concerns to her supervisors but never officially wrote him up. After Kulla inappropriately gave the note to the young Latina, Wilson arranged for him to be transferred to a position that did not involve interacting with the public. So before his official reprimand was processed, Kulla resigned and found a job with the Durham office of Citizenship and Immigration Services. Since his arrest and firing from CIS last year, Kulla told the court it has been difficult for him to find a job. Since August, he has been working as a travel agent. Ramaswamy argued that Kulla would have never known the woman was undocumented unless he had specifically looked her up on federal computers, which, in his position at CIS, he did not have the authorization to do. Ramaswamy asked Tilley to consider in his ruling that Kulla had misrepresented his authority in an agency that requires undocumented immigrants to interact with it. In addition, Kulla's actions could damage the relationship between ICE and immigrants. Tilley agreed. "The message has to be that you can't misuse your position," Tilley said. "I am seeking to deter all others who would be willing to use their public positions for private gain. "It was obvious, the emotional distress of [the victim]," Tilley added. "I can only imagine the horror and nightmares she went through."

Holly Springs breaks up with Western Wake Partners

____________________ Posted by Rebekah L. Cowell The town of Holly Springs has withdrawn from the Western Wake Partners, a multi-town alliance that is building a controversial sewage treatment plant in New Hill. The town officially announced its decision Sept. 23, leaving Cary, Apex and Morrisville as the remaining partners. But Holly Springs was never a major player in the partnership, and had planned to use only the pipes outside the treatment facility. “This is pretty much a business decision,” said Holly Springs Mayor Dick Sears, who indicated to the Indy in August that he hoped to withdraw from the contract. “Five years ago, the plant seemed to be the only viable alternative for our town, but we are seeking other options, and those will certainly save more than the $30 to $40 million needed for the New Hill plant hook-up.” For example, Holly Springs is researching the possibility of releasing more of their effluent—treated wastewater—into Harris Lake. Sears said the town's decision has nothing to do with the New Hill Community Association's recent filing for a contested case hearing to stop the partners from building the $327 million plant. However, it does appear that now is the best time to get out of the partnership before litigation begins. Holly Springs will be responsible for a portion of their financial responsibility as detailed in the contract, Sears does not have a figure of what the town will owe the partners at this time.

Sewage Treatment Plant Plan Continues to Raise a Stink

____________________ Follow the link above to listen to the interview. NEW HILL, N.C. - Plans are moving ahead for the construction of a $327 million sewage treatment facility in the town of New Hill in Wake County. Opponents aren't giving up the years-long fight against it, though, arguing that New Hill, a community with a large minority and poor population, is being taken advantage of by its more affluent neighbors. The towns of Cary, Apex and Morrisville, united for the project as Western Wake Partners, intend to start construction in early spring. Christopher Brook, staff attorney for the Southern Coalition for Social Justice, explains that this fight extends beyond New Hill. "There's a huge historical trend of communities of color and also poor communities being the sites and the hubs for undesirable portions of communities." Opponents of the sewage treatment plant say its construction will have significant social and environmental effects, because of its location in the heart of New Hill's historic district. Western Wake Partners says they looked at more than 30 sites before selecting the location. A recently-released study by the Army Corp of Engineers found the New Hill site to have environmental impacts comparable to other sites on the list. Brook points to other sites in the area that would be more acceptable to New Hill residents. "The community's been very clear that they're fine with the sewage treatment plant being built in their general vicinity, but they would just prefer it be built at one of these alternative sites that's not in the middle of their community." The sewage treatment plant would also provide sewer services to some residents and businesses in New Hill that are currently using wells and septic tanks. Stephanie Carroll Carson, Public News Service - NC