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| Call to Arms: Protest at Gantt's Today; City Council Out of the Loop |
By: Christopher J. Wilmot
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Posted: Friday, January 29, 2010 6:06 am
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Friday, January 29, 2010 Rochester, NY - Mayor Robert Duffy has not only offered to disband the duly elected legislative body known as the Rochester City School District (RCSD) Board of Commissioners, he also claims to have no legal responsibility to include the Rochester City Council in voting to gain control of the RCSD. He's probably correct, but he sure ain't right.
The End of Democracy, City of Rochester Style
Yesterday, the toothless Rochester City Council sat down for a 'work session', to go over a "six to eight page" (D&C) draft proposal of Mayor Duffy's plan to take-over the RCSD. Yet, new Council President Lovely Warren and the rest of the Council need not have held any work session: They are not the least bit relevant in whether Duffy receives his necessary votes in Albany to affect the RCSD power grab. Again, the City Council--especially with the non intellectual Warren at the helm--is merely a rubber stamp for Hiz Dis-Honer, Robert Duffy. Like the RCSD Board of Commissioners, City Council might as well be disbanded too.
The Lay of the Legal Land
Yet rest easy, those of you who still think duly elected legislative bodies should make decisions in the third most populous city in New York State. Duffy's scholastic money power grab may never see the light of day: Threats of lawsuits are mounting, and these threats are not idle, but are on solid legal ground, and are potentially well funded.
Rochester City teacher's union head Adam Urbanski is now threatening legal action against Duffy's Mayor Bloomberg impression. However, I have seen and heard NYC Mayor Michael Bloomberg on television, and Mayor Duffy is no Michael Bloomberg (V.P. candidate and U.S. Senator Lloyd Bensten said it better regarding Dan Quayle and JFK in 1988).
In addition, 'current' RCSD School Board member Van H. White, Attorney at Law, cites the New York State Constitution as his (or if he won't sue, someone's) legal basis for Duffy's inability to take-over City schools, at least before the 2010-11 school year begins next autumn. White notes that our state constitution (I know, a minor annoyance to Albany thugs and legislative puppets) prohibits the state legislature and the Governor from handing over the RCSD keys to Duffy in the same calender year were the NY State legislature and Governor Paterson to pass and sign into law Duffy's academic dream. But that small constitutional inconvenience did not stop Albany last time, when they violated our own state constitution by giving NYC Mayor Bloomberg control of the NY City School System, the same year the enabling measure passed the State Assembly and Senate.
And then there's me. As I have stated in this publication before, and as I was quoted on WXXI-1370 AM last Thursday, 1/21/10, I renew my pledge to fund the best and potentially most successful of any lawsuit filed to stop this money and power grab by Mayor Duffy and City Hall ! I have, and continue to pledge $50,000 to $100,000 (or more, if need be) to make sure that City of Rochester parents and voters continue to have the right to vote for whomever they choose (even Gantt's hand puppet Cynthia Elliot) to represent them on the RCSD Board of Education. To Mayor Duffy, Mr. Silver, Gantt, and Morelle: If you don't believe me, try me ! I, and we, are willing to take this not only to the highest court in New York State, but to the U.S. Supreme Court, if need be. We'll tie you up in court and legal fees for so long, Mister Mayor, that by the time this is over, 1.) You won't be Mayor any longer, and, 2.) You'll be so old you'll be collecting Social Security (if it still exists; but that's another article in the near future).
City Council's Tepid Response
From the clips I observed on YNN, and other local 'news' channels, City Council members appeared divided on this issue, but mildly so. In fact one new Council member must have been sick the day they discussed constitutional issues in school. Rochester City Council member Matt Haag was quoted as saying that "if an elected school board can prove they can protect the civil rights of school children by making sure they graduate...with a diploma...that's important". (YNN TV interview and website, 1/29/10).
Mr. Haag, for your information, it is not a "civil right" that Americans receive an education, constitutionally speaking. Perhaps Mr. Haag was speaking metaphorically and symbolically (SEE Paynter v. State of New York).
There were mild protests from some of the more intelligent and enlightened members of Council. The Honorable Dana Miller questioned the roll of poverty, (segregation?), and parental involvement in the poor academic performance of many RCSD students, and wondered aloud how Mayoral control could possibly address these realities of urban living.
Council member Loretta Scott also struck a cautionary pose, and demanded far greater detail from Duffy than what was contained in the "six to eight page" memo from the Mayor's office. All in all, Council President Warren presided over a work session that probably produced a slim majority of symbolic support for Duffy's school's take-over, since, again, the Mayor and Albany types don't need the Council for anything.
Conclusion: 'Half of Life is Showing Up'
Please watch democracy at work today, despite the plunging wind chills. I'll be there. There, is 74 University Avenue, at Assemblyman David Gantt's district office (located on the north side of the street, between Chestnut and Scio Streets). Mr. Gantt's district office telephone number is (585) 454-3670. Gantt's email address is ganttd@assembly.state.ny.us. Brave the wind chills, and show the 'Dean' of the local State Assembly delegation that polar cold fronts and intimidation from certain elected officials can't silence Rochester's myriad voices, when it comes to the demise of democracy, and the futures of our urban youth.
Christopher J. Wilmot served as a Legislator in the Monroe County Legislature from 1996-2005. He is also the co-founder of the G.R.A.C.E. (Greater Rochester Area Coalition for Education) lawsuit, Paynter v. State of New York, which challenged the State's lack of adherence to our constitution, regarding the state's responsibility to provide every child a "sound and basic education." Paynter v. New York lost in the State's highest court, 4-1, when four white Justices voted against it, while the loan African-American Justice voted with Paynter.
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Member Opinions:
By: CityResident on 1/29/10
I applaud your willingness to put your money where your mouth is. But,how can Duffy be stopped from accessing City funds to defend, in court, his take over plans of the RCSD? Preventing him from spending City money would doom this plan to failure. If this if this is the hill he has chosen to die on, then so be it, but with his personal funds, not the public's. One fast ferry for this community is one too many. Annmarie Van Son Rochester, New York
By: DeeDee on 3/1/10
Duffy needs to stick to trying to be mayor, and work on cleaning up the city, and really caring about crime. As he lives in Greece I do not take anything he says or does seriously, when it comes to the city. The city is gone to the dumps. If he was to take over the school district after what I have seen him achieve in city hall. Which has not been too much of anything. Then the schools will not benefit from his input. Doesn't he have enough on his plate as it is. Fix the previous problems first, Duffy. You fail to prove to me you are a man that can multitask. Get a grip! Deva Jackson Rochester, New York
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