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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