Clark/Bigelow: Fateful Due Process

Thursday, February 10th, 2011

As Anita Badrock kept reminding us this evening, the Personnel Appeals Committee doesn’t operate like a court – loose evidentiary rules, committee questions and witnesses, multiple cross-examinations, commentary from both parties.

If tonight’s hearing was cast as a made-for-television movie, the writers had a ready made character in Chapel Hill government’s own Voldemort. “He who must not be named” was not only responsible for starting the cascade of events leading to Clark/Bigelow’s termination but also stifling attempts to intervene before catastrophe struck.

The man in the shadows is a convenient trope but not a likely explanation for the evident failures in the Town’s disciplinary process.

As much as it has been discussed, the fate of the workers doesn’t hinge on whether race played a role in their termination or possible union busting efforts by the Town or documented poor performance or complaints by citizens over debris handling or offhanded remarks or “flinging arms” or rude remarks or angry calls for water or almost any of the other points/counterpoints flung about the last few months.

Their fates, I think, hinge on whether the P.A.C. thinks the two were afforded proper due process.
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Personnel Appeals Hearing Clyde Clark: Evidence and Process

Wednesday, February 9th, 2011

Tonight’s Personnel Appeals hearing for Clyde Clark is more sparsely attended than last week’s for Kerry Bigelow (Personnel Appeals Hearing Kerry Bigelow: Evidence and Process). Roughly 40 folks in attendance, 5 from the local press (Elizabeth [WCHL], Katelyn [Chapel Hill News], Greg [HeraldSun], Don and Nancy [Chapel Hill Watch]). About 2/3rd’s are clearly supporters of Mr. Clark.

Unlike last week, I’ll be posting more abbreviated comments about testimony, tenor and process as the hearing progresses.

Anita Badrock has once again been chosen as the Chair. She reminds the audience that the committee is “not to replace the judgement of management” as per the Town’s ordinance (here).

(a) Conduct grievance and appeal hearings and render advisory opinions to the manager.
(b) Develop and maintain adequate records of all its proceedings, findings, and recommendations.
(c) Inform the employee(s) and the manager in writing of its findings and recommendations in all cases referred to it.

Clyde Clark is here tonight to ask to be reinstated, to get the safety and racism problems in Public Works fixed.
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Personnel Appeals Hearing Kerry Bigelow: Conclusion, Short Edition

Friday, February 4th, 2011

Some quick thoughts on tonight’s hearing (Personnel Appeals Hearing Kerry Bigelow: Evidence and Process).

Was there clarity? No. Are some issues more understandable? Yes.

Both the Town and Mr. Bigelow agree that he was a solid worker with a “good attitude”. Both agree that something changed when Mr. Bigelow filed an EEOC complaint when he was passed over for a drivers job, a job his supervisor Larry Stroud said he was well suited for, a job that went to a less qualified candidate.

While the Town and the Appeals Board skirted the issue numerous times, it is also clear that the Town agreed Bigelow’s initial review process for that job wasn’t handled appropriately, that the deficiency in that review rose to the status of a “serious incident” and, apparently, led to the dismissal of a public works manager.

From that point on both sides construct a completely different, but strangely congruent, narrative of Bigelow’s employment.
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Purest Form of Democracy: Raging Grannies to the Fore

Monday, January 24th, 2011

First big meeting of 2011 and, pre-meeting, an example of how Chapel Hill’s community expresses democracy in one of the purest forms as ten Raging Grannies filed in singing “We will not be moved…”. They and about 20 other supporters are here to remind Council that concerns over the Clark-Bigelow dismissal.

This concerted effort sends a clear message – the underlying tensions still exist because the reasons still exist and they won’t go away without a clear and open review. That could start by supporting the two workers request to have a public review hearing of their case.

Tom Monk steps up to the podium. “The Town generally does a good job with sanitation – things smell good – this doesn’t smell good.” Asks for the men to receive unemployment benefits.

Samuel Monk chimes in – “this is a case where the workers have been discriminated against” because of labor organization efforts.

John Heuer concerned about reports of dismissal calls for unemployment benefits.

Wes Hare steps up – came here when Howard Lee was Mayor – he’s been part of the problem for forty years. It just doesn’t make sense, from what he hears from the folks he trusts this is a mess. Agrees with Monk that “this does stink”.

Michelle Laws – reflects on what Mayor Kleinschmidt said in State of the Town and the reality of town. Believes we are following national trend of two nations – one white, one black. We are moving towards two towns – one minority, one white. One rich, one poor. Heard nothing about the poor, the low wage worker, the two towns. Back to Bigelow/Clark – can’t believe that they were fired during the worst recession since the Depression – left with little financial support. Calls out Town on unemployment benefits – says that inspite of protestations of not intervening the lawyer representing the two has received a pile of documents from the unemployment commission that clearly was aimed at dissuading the commission from granting aid.

Robert Campbell – “I come tonight to call for justice…” I come tonight seeking justice for the two workers – it is about human rights and doing the right thing. “I thought scrooge was dead” but in the middle of the holidays we fire these two because of the outcry of one citizen. Since when do we allow one citizen to start a process that deprives the two of their due process. “I don’t need to remind of what happen yesterday….” in the ’70’s when a black student was killed and Chapel Hill was fire bombed….

Kerry Bigelow – Holds sign up that says “I am a Man”. Thanks for support of the folks that turned out. Disappointed on citizens who aren’t paying attention. They [“the Council”] count on citizens “on the sideline” being asleep. It is time for folks to get off the side-lines. His daughter gets up and asks Council to “get on the right side of history”.

Steve Bader – Emphasizes there is no legal requirement for the Town to send the ESC a pile of documents. Many employers don’t send any documentation. Also asks that the Town doesn’t send any managers or staff to the ESC hearing being held in two days. Says someone in Town has violated rules by signing a contract they shouldn’t of – including 10’s of complaints – no movement on that – but on one citizen’s complaint these two were discharged. “These two brothers were stewards” – they were trying to be good stewards of the Town. If the Town doesn’t show up Thursday then they will get their benefits. Why are we just hearing today about an ombudsman – that’s a crime.

MiriamThompson – “We elected you” – we didn’t hire the Town Manager, you did. A Town Manager that hires a notorious union busting group like CAI – who created a bias report. We didn’t hire a Town Manager that hasn’t let the employees confront their accuser. You were elected to support all of us…let’s not enter the year with a stain on our hearts…..

Clyde Clark – The same discrimination is going on. To him it seems one man is running the Town and the Council is “dropping the ball” and following his lead. [CW:presumably the Town Manager?]

The Raging Grannies file out singing “…we are all in this together….”

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