Friday, June 22, 2018

NAACP President Pat Morris weighs-in on transportation director

Posted: Wednesday, January 24, 2018 | Views: 1639

NAACP President Pat Morris weighs-in on transportation director
Muse Hire

The federal court did not determine that Vining was not qualified. It determined that the objective hiring criteria was discriminatory against Foster. Record document 866, does not require the school board to hire a more than qualified white person. There is nothing in 866 that requires the school board to hire Notariano. However, the failure to hire her may violate Title VII and that issue is pending before a federal court and is yet to be determined.

The court order simply says that as a remedy for prior discrimination and misuse of hiring criteria that discriminated against black applicants, and school officials must hire qualified black applicants to fill openings until the 60/40 pre-desegregation ratios are restored. At its option, the Board may hire a more qualified white person upon presentation of verifiable, objective evidence of superior qualifications. There is nothing in the order, however, that requires the Board to hire a more qualified white person. There is nothing in Record Document 866 that prevents the school board from continuing to search for a qualified black person if it so chooses.

However, the hiring of an unqualified black person instead of a qualified white person is not an action protected by Record Document 866. Although a white applicant has no standing under desegregation orders to object, the federal court has made clear that the candidate does have standing to raise the issue as a violation of Title VII or other statutes in a separate action.

Under circumstances where the superintendent has hired white applicants over certified QUALIFIED black applicants, claiming that the white applicants were better qualified, the issue before the board is why Kolwe is refusing to hire a clearly better qualified white person over an UNQUALIFIED black person. Muse has no qualifications or experience whatsoever in the field of public school transportation. Record Document 866 does not justify the hiring of Muse simply because he is black. 866 does not protect the hiring of Muse any more than the former objective criteria protected the hiring of Mark Vining over Alden Foster.

Muse is clearly not a qualified black applicant under 866. School officials must therefore give a legally justifiable reason for not hiring a white candidate with impeccable credentials. The best course is for the Board to endorse the hiring of the clearly better qualified white applicant. The NAACP and attorneys for plaintiffs in the Moore case have clearly indicated that they will not object. There would be no violation of the court order and no objection raised by the parties. While the NAACP supports the court order intended to remedy years of unlawful racial discrimination against black applicants, it does not support the misuse of the remedy as a tool of reverse racism.

There is a consensus that Muse has no credentials in public school transportation. He is black but clearly he is not a qualified black applicant for the Director of Transportation opening under the hiring process in federal order 866. There is nothing in 866 that requires or even justifies the hiring of an unqualified black applicant. Such a hiring creates division in the community and a misunderstanding of the purpose of the desegregation court orders.

There is nothing in 866 that precludes the hiring of Notoriano. The NAACP and attorneys for plaintiffs in the Moore case do not object. So, what is the problem? The school system needs a qualified Director of Transportation. End the court proceedings; end the attorney fees; end the unnecessary controversy.

Take 866 out of the picture Demand to know the real reason for refusing to hire a clearly qualified candidate. You do not need to get into technical explanations of 866. You only need to point out that the order addresses hiring qualified black applicants only. Point out that this is not about qualifications but nonsense, Walter Daniels should be exposed in what he said about women not being able to do the job.

A motion first to hire Notoriano should be made, and let the debate spring off of that motion. The issue should not become whether or not the Board can re-advertise. The issue is why should the Board refuse to hire the qualified applicant already before them. This is my humble opinion, because I know personally as a Civic Leader, and Community Leader, Kim is the most, and more than qualified individual for this job; our system needs her expertise, and our students and parents need this as well.

Patricia Morris, President
GYPB NAACP