"Appeal Filed in Atlanta Bias Suit"
American Libraries, December 2002
"Fulton County, Georgia, has asked the 11th U.S. Circuit Court of Appeals to dismiss
or retry a two-week case that concluded January 16 with a $23.4-million
verdict to seven white female Atlanta-Fulton Public Library workers who
claimed they suffered from reverse [race] discrimination....The jury-award
judgment in compensatory and punitive damages was later reduced to $16.8
million by Northern District of Georgia Judge Beverly B. Martin.
...As an alternative to dismissing the judgment, the brief [filed by
the county's attorney] asked the appellate court to reduce compensatory
damages to no more than $100,000 for each plaintiff, and either eliminate
the punitive damage award or reduce it to no more than $200,000 for
each plaintiff."
"Top 100 Verdicts of 2002":
#96: White Atlanta Librarians Win Race Bias Case
National Law Journal's VerdictSearch (www.verdictsearch.com)
"Case Type: Race Discrimination
Case: Bogle v. McClure, No. 100-CV-2071 (N.D. Ga.)
Plaintiffs’ attorneys: Michael J. Bowers, Christopher S. Anulewicz and Kelly Jean Beard of Atlanta’s Meadows, Ichter & Bowers
Defense attorneys: Willie J. Lovett Jr., June D. Green, and Carmen Alexander of Atlanta’s Fulton County attorney’s office
Jury verdict: $23.364 million (Jan. 16)
An Atlanta federal jury in January awarded $23.4 million in compensatory and
punitive damages to seven librarians who alleged that they were transferred and,
in effect, demoted because they are white.
The Atlanta librarians’ job classifications and salaries remained the same, but
Janet Bogle and her colleagues claimed they were singled out for the unwanted
transfers to library branches because of race. The jury awarded each plaintiff $1
million for emotional distress and $2 million in punitive damages.
The verdict went against Atlanta-Fulton County Public Library Board Executive
Director Mary K. Hooker and board members William McClure, Benjamin Jenkins
and Mary Jamerson Ward. Witnesses testified that one library board member said
that the library had a "white-dominated administration" and there were "too many
white faces" working at downtown Atlanta’s central library, which was "not
welcoming" to black people.
The judge reduced the award to $16.6 million, and the case is on appeal at the
11th U.S. Circuit Court of Appeals.
One issue on appeal is whether the trial judge correctly allowed into evidence
memos exchanged by county attorneys and library officials over whether the
transfers would violate the county’s anti-discrimination policy. The judge ruled the
memos a public record, but the defense tried to keep them out of the trial by
arguing they were privileged and confidential communications.
Facing off on the appeal is former U.S. Attorney General Griffin B. Bell of Atlanta’s
King & Spalding representing the defendants and former Georgia Attorney
General Michael J. Bowers of Atlanta’s Meadows, Ichter and Bowers for the
plaintiffs. Bell declined to comment.
Bowers’ co-counsel, Christopher S. Anulewicz of Meadows, Ichter & Bowers,
said, 'Not only was the defendants’ conduct outrageous–it was captured in
meeting minutes and on both audiotape and videotape. Furthermore, the
defendants then blatantly tried to cover up their behavior, and then continued their
discriminatory behavior and attempted retaliatory actions against the plaintiffs.
These factors all convinced the jury to rule the way it did.'"
The
article in the June 1 edition of Library Journal painted a picture of a dysfunctional
system riven by politics and a micromanaging library board. An
editorial written by editor
John Berry, called for reforms to rein in the 17-member library board....
Mary Kaye Hooker, the library's director since 1999, did not reply to messages seeking comment
on the Library Journal's coverage....
Library board president Clint Johnson, a north Fulton resident, said the claims of micromanagement
are old and not worth dredging up....He also voiced his support of Hooker....
Bob Fulton, a Fulton County commissioner who also sits on the library board,...said true reform
will not happen unless state law is changed to reduce the board to perhaps seven members and
to make it strictly advisory.
'For many years, the library board has been operating in a meddlesome way,' Fulton said. 'This
board whould not spend its time in dealing with a lot of details but looking at where we are
going.'"
"Verdict Upheld But Damages Reduced
in Atlanta Discrimination Case"
LJ Digital ("Breaking News" column), dated June 3, 2002; see also Library Hotline, June 10, 2002
While upholding the jury’s verdict, a federal judge in Atlanta has reduced the reverse discrimination award won by eight
white librarians at the Atlanta-Fulton County Public Library from $23.4 million to $16.8 million, or 28 percent.
U.S. District Judge Beverly Martin nonetheless strongly agreed with the substance of the verdict, which found that the
librarians suffered de facto demotions when they were transferred from the Central Library to the branches. Martin cut the
librarians’ compensatory awards for emotional pain and anguish from $1 million to $500,000 each because their salaries and
benefits remained unchanged. She also eliminated punitive damages against Benjamin Jenkins, one of the three board members
found liable. Fulton County, represented by former U.S. Attorney Griffin Bell, will appeal the verdict to the 11th Circuit Court
of Appeals.
"Former AG to Lead Appeal of $16.6M Verdict for Georgia Librarians"
Fulton County Daily Report, May 24, 2002
With $16.6 million in Fulton County, Ga., tax dollars at stake, what trumps a former Georgia attorney general?
A former U.S. attorney general.
Former U.S. Attorney General Griffin B. Bell has filed a formal notice of appearance on behalf of two members of the Atlanta-Fulton County Library Board and the system's director [in the appeal of the jury's verdict in] Bogle v. McClure, No. 1:00-cv-2071 (N.D. Ga., Jan. 21, 2002). At the same time, Atlanta's Bondurant, Mixson & Elmore, widely known more for its representation of black plaintiffs in suits against large corporations, has entered the case on the side of seven white Fulton County librarians who were found by a jury to be the victims of race discrimination.
Bell's appearance sets up a battle royal with former Georgia Attorney General Michael J. Bowers, who persuaded a federal jury here in January to award $23.4 million to the librarians, who said they were transferred from the downtown library and stripped of management responsibilities because they are white.
On May 10, U.S. District Judge Beverly B. Martin of the Northern District of Georgia reduced the award to $16.6 million, but her opinion affirmed the jury's findings that the library board chairman, co-chair and the library system director had discriminated against the white librarians.
Bowers, a partner at Atlanta's Meadows, Ichter & Bowers, convinced the jury here that library board chairman William McClure, Vice Chairwoman Mary Jamerson Ward and Director Mary Kaye Hooker had discriminated against eight members of the central library's management staff because they were white. In reducing the verdict, Martin found that one of the eight had suffered no damages because she remained in management despite a transfer.
Even though Martin reduced the judgment, Fulton County Attorney Overtis Hicks "O.V." Brantley has said that the judge "did not go far enough." She said she intends to appeal the case to the 11th U.S. Circuit Court of Appeals.
"No, I won't tell you," Brantley said Wednesday when asked why she has turned to Bell -- former President Jimmy Carter's U.S. attorney general and a former 5th U.S. Circuit Court of Appeals judge -- to handle the county's appeal.
'It's a Major Case'
"I will just say that it's a major case. I decided I wanted some help beyond my in-house staff. I chose that firm. I chose Judge Bell."
Brantley continued, "Judge Bell was very interested in taking the case. I called him up personally and asked him personally to do that as a personal favor to me. He was very gracious and agreed to do that.
"For those people who think all large law firms are very greedy, he even offered to assist me free of charge initially."
Brantley said Bell did consult with her free of charge. But she now has retained Bell's firm, King & Spalding. K&S associate Lovita T. Tandy and partner H. Lane Dennard also have entered notices of appearance in the case. Bell, 83, remains an active litigator. On Thursday, he was out of town and could not be reached for comment. But through his secretary, he declined an interview, saying he was concerned that he might "get into the merits of the case, and he doesn't want to do that."
Bowers' Selections
By the time the county hired Bell, Bowers already had turned to an Atlanta firm known for its affirmative action litigation for appellate help. Michael B. Terry and Joshua F. Thorpe, partners at Atlanta's Bondurant, Mixson & Elmore, have joined Bowers in fighting the county's appeal.
Bowers confirmed this week that Terry has been "of enormous help" already. He said he turned to Bondurant, Mixson for help "because they're good. That's all I know. They're damn good."
Terry has been a lead attorney in ongoing affirmative action litigation against Georgia Power Co. and its parent, the Southern Co., by the company's black employees. Thorpe worked on behalf of Coca-Cola Co.'s black employees in class action litigation that resulted in a $192.5 million settlement last year.
"We've handled a number of plaintiffs' discrimination cases, like Georgia Power, so it seemed like a logical fit," Terry said. "Our position on this, and it's an issue that we have thought about -- our position is that discrimination is discrimination, and it does not matter what the race or ethnicity or gender of the victim is. It's wrong, no matter what. I see no inconsistency ... of policy and no inconsistency of law."
"Reverse-Discrimination Verdict Upheld; Award to White Librarians Cut"
DiversityInc.com, May 22, 2002
"Kelly Beard, an Atlanta attorney...who represented eight white librarians in a
reverse-discrimination lawsuit against the Atlanta-Fulton County Library
Board, said that case underscores a fundamental lesson: 'It is time for us
to learn as a society that we can't discriminate against anyone on the basis
of race.'
The librarians, whose tenure with the library system ranged from seven to 30
years, sued the county library board last year, alleging that they were
demoted and transferred from Atlanta's downtown library because they were
white. African-American employees replaced the women at the downtown
library.
In January, a federal jury awarded the librarians $23.4 million in
compensatory and punitive damages, following extensive testimony that the
African-American members of the library board had demanded "racial equity"
at the downtown facility.
Federal Judge Beverly B. Martin, Northern District of Georgia, issued a
ruling earlier this month that eliminated the damage award for one of the
eight plaintiffs -- slashing the award by 28 percent to $16 million.
"You'd think we would be reeling from a 28 percent reduction," said Beard,
an associate at Meadows, Ichter & Trigg. "But it was so well thought-out and
it set out the law and it explained why the plaintiffs were entitled to
punitive damages."
Martin supported the jury's verdict in a sternly worded 74-page order.
Library board members displayed "significant direct evidence of racial
animus" against seven of the eight plaintiffs, the judge wrote.
Mary Kay Hooker, the library's director; William McClure, chairman of the
library board, and Mary Jameson Ward, vice chair, transferred the plaintiffs
"to lower job duties because of their race, at a time when these defendants
were well aware that it was in violation of the law to do so," the judge
wrote.
Further, the jury determined that the defendants "intentionally
discriminated against the plaintiffs on the basis of their race . each
individual defendant testified that they knew it was illegal to treat
employees differently on account of race."
Martin's ruling stated that each of the plaintiffs had held senior posts at
the downtown library. "These plaintiffs also testified that when they
arrived at their new posts, no defined positions existed and they were
ultimately assigned to do entry-level tasks such as clerical and
housekeeping duties," the judge added.
...Although County Attorney Overtis Hicks Brantley had appealed the jury's
verdict as excessive, Martin -- who denied Brantley's motion for a new
trial -- ruled that the jury award is "supported by evidence of
reprehensible conduct and it not excessive."
...Some of the strongest testimony against the defendants came from
African-American library employees who said they were directed to take
actions against white co-workers that they believed were discriminatory.
Debra Branton, who was acting director of human resources at the time,
testified that she was asked to prepare a list of employees, broken down by
name, race and their branch assignments. Branton, the daughter of well-known
civil rights lawyer Wiley Branton, refused.
'[Branton] said "This is illegal -- you can't identify people by race or gender
for purposes of making personnel decisions," Beard said. '[Branton] was one of
two African Americans transferred into a position that was a practical
demotion.'
In 1959, Branton's father worked with the late Supreme Court Justice
Thurgood Marshall to force the integration of Central High School in Little
Rock, Ark. -- which came to be known as the case of the 'Little Rock Nine.'
'This is a woman who knows civil rights,' Beard said."
"Librarian Damages Reduced by $6.6M;
U.S. Judge Tells Fulton [County] to Pay $16.8M and Backs Bias Verdict"
Fulton County Daily Report, May 20, 2002, p. 1, 3, 5
A federal judge here has reduced the award won by Fulton librarians in a reverse discrimination suit, but at the same time validated the jury's verdict.
U.S. District Judge Beverly B. Martin this month reduced a federal jury's $23.4 million verdict in a January reverse race discrimination case against the Fulton County Library system, its director and several board members by 28 percent, to $16.8 million.
At the same time, Martin also awarded fees and expenses totaling $405,481.73 to Michael J. Bowers, who represented the librarians, and to other attorneys at his Atlanta firm, Meadows, Ichter & Bowers, who assisted on the case. Bogle v. McClure, No. 1:00-cv-2071 (N.D. Ga., May 10, 2002).
While the judge disagreed with the size of the award, she used forceful language to agree with the substance of the verdict. Members of the library board exhibited "significant direct evidence of racial animus" against seven members of its white library staff, the judge said.
While the librarians' counsel "did not present evidence that the individual defendants had a history of 'engaging in the type of illegal discrimination that it[they] were found to have committed in this case,' they presented evidence of a pattern of discrimination by Fulton County against white employees, and a knowledge of that history by the defendants," Martin wrote in a 74-page order.
On Thursday, City Attorney Overtis Hicks "O.V." Brantley said she was grateful that Martin had reduced the jury verdict. But, she continued, "In my opinion, she did not go far enough." Brantley said she will appeal the case to the 11th U.S. Circuit.
Brantley declined to address specific statements Martin made regarding library executives' conduct or the county's pattern of discrimination against its white employees. "I don't want to litigate in the press," she said. "Obviously, we don't agree with the jury verdict. We think that what Judge Martin did was a step in the right direction to reduce the verdict. … But quite frankly, I believe all the defendants should be vindicated."
Last February, after the jury was dismissed, Brantley called the verdict a "travesty of justice." She sought a new trial and petitioned Martin to reduce the award significantly. At the time, Brantley said there was "not a scintilla of evidence" to justify the verdict.
4th Major Bias Case Loss
The suit is the fourth major reverse discrimination case against Fulton County in recent years brought either by white employees or contractors. In three previous cases, federal juries have ruled against the county. In one of those cases, U.S. District Judge Thomas W. Thrash Jr. in 1999 ruled the county's affirmative action program unconstitutional. The county has appealed all three earlier verdicts, vowing to carry them to the U.S. Supreme Court if necessary.
"The plaintiffs are pleased that the verdict, in large part, has been upheld," Bowers said Thursday.
Last January, a federal jury awarded the eight white librarians $23.4 million after the librarians sued, claiming that they had been demoted, stripped of management responsibility and transferred from the central library downtown to outlying branches because they were white. The women were replaced downtown by African-American staff members.
County attorneys told the jury that the women were reassigned only because more librarians were needed at the branches. Bowers built his case around a paper trail of memos and board meeting minutes that stressed the need for "racial equity" at the library.
According to testimony and pleadings in the case, library board member Mary Jameson Ward said there were "too many white faces" in management at the downtown library and board Chairman William McClure once suggested there were "too many old, white women" downtown.
Damages Assessed Individually
The jury assessed both compensatory and punitive damages against library director Mary K. Hooker; McClure, board vice chairwoman Ward, and Benjamin Jenkins, chairman of the board's personnel committee. The jury did not find the Atlanta-Fulton County Public Library system as a whole liable, determining that it was neither the system's policy nor custom to discriminate against white employees.
County attorneys had argued that the white librarians who were transferred were not entitled to any damages because they retained a job in the library system, if not their chosen one, and their salaries remained the same as they had been prior to their transfers.
Martin disagreed. In denying a motion for a new trial, the judge noted that punitive damages as well as compensatory damages awarded by the jury in the case are "supported by evidence of reprehensible conduct and is not excessive." As a result, Martin largely let stand the bulk of the compensatory awards as well as punitive damage awards of nearly $2 million for seven of the librarians.
'Intentional Affirmative Conduct'
She did so, she wrote, because McClure, Ward and Hooker "engaged in intentional affirmative conduct by transferring the plaintiffs to lower job duties because of their race, at a time when these defendants were well aware that it was in violation of the law to do so."
Martin also determined that the librarians' May 2000 transfers to outlying branches with little or no responsibilities was "an adverse employment action."
"Each of these plaintiffs gave detailed testimony that they held management and/or senior positions at the Central Library prior to their May 25, 2000 transfers," she wrote. "These plaintiffs also testified that when they arrived at their new posts, no defined positions existed and they were ultimately assigned to do entry-level tasks such as clerical and housekeeping duties."
In reducing the damage award, Martin:
...Eliminated any damage payments to one of the eight plaintiffs [Katharine Suttell] who was transferred to a branch library but given greater responsibilities than she had before. That librarian's only damage, according to her testimony, had been "great disillusionment" with library executives because of "racial politics and bad management."
...Reduced compensatory cash awards based on back salaries for two librarians, one of whom [Janet Bogle] retired a month after her transfer and another [Sherri Bowers] who resigned a year later. Martin determined that their new posts were not so intolerable that they were "compelled to resign," a ruling that reduced the backpay they had hoped to collect. Martin was careful to note that her ruling "should not be construed as a finding that these plaintiffs did not suffer an adverse employment action."
...Reduced the librarians' compensatory awards for emotional pain and anguish from $1 million to $500,000 each because "none of the plaintiffs received reduced salaries or benefits from the transfers and reassignments."
...Eliminated punitive damages assessed against board member Jenkins, saying there was "a lack of reprehensible conduct on his part."
Martin upheld the punitive damages assessed against the other defendants. "The jury found that the individual defendants intentionally discriminated against the plaintiffs on the basis of their race," she wrote. "Further, each individual defendant testified that they knew it was illegal to treat employees differently on account of race."
"County's Aim: Halt Bias Suits"
Atlanta Journal-Constitution, April 25, 2002, p. JN3
"Fulton County's government is taking steps to protect itself against future employment discrimination
suits after a consultant said a perception of bias exists among workers. County commissioners last week
approved a plan to encourage career advancement among county employees, provide training on
harrassment issues and include racial data in records of hiring and personnel decisions....
The consultant's report deals heavily with the opinions of county employees but does not show
an actual 'impermissible bias' in personnel decisions based on race or gender....Earlier this year, a jury did find proof of discrimination by the Atlanta-Fulton Library System,
a part of county government. The jury awarded $25 million to eight librarians who said they were
transferred out of the Central Library--against their wishes--because they were white....The
county attorney has been directed to research whether the county has a legal basis to adopt
affirmative action, policies designed to increase hiring and promotion of minorities. That's
a sticky issue because courts have held evidence of an imbalance must be present to justify
affirmative action as a rememdy. Policies also have to be structured so they do not result in
discrimination against whites or more lawsuits could result."
"Atlanta Librarians Win Bias Suit"
American Libraries, March 2002, p. 27
"'Reverse' Discrimination Award
Runs to Seven Figures"
Public Sector Personnel Law Update, Vol. 6, No. 3 (March 2002)
Eight county librarians transferred involuntarily from jobs at
the Atlanta main library to less desirable assignments at its branches
to make room for librarians of another race were awarded $25 million by
a federal district court jury. The plaintiffs, all white, convinced the
mixed-race jury that they were displaced because of their race. (Bogle
v. McClure)
The lawsuit challenged a major reorganization of the library system in
May 2000 that resulted in the transfer of the aggrieved librarians to
branch assignments. Janet Bogle, the named plaintiff, had 30 years of
experience as a librarian and occupied a highly responsible position
when she was transferred without notice. In her case and those of all
but one of the other plaintiffs, the transfer was also a demotion.
As evidence, the plaintiffs were able to produce the minutes of a
meeting of the library's board of trustees, along with an audiotape of
the proceedings, at which it was argued that there were racial
imbalances at the management level in the main library and that something
ought to be done about the situation.
At trial, the county argued in defense that its actions were at all times
prompted by legitimate business motives and never based on race. The
jury may have been swayed to a contrary conclusion by evidence that the
library board had ordered a list prepared showing the race of each
manager at the central library. The defendants are expected to appeal.
Employer notes: State and federal laws provide an orderly
process for the adoption of measures meant to remedy the effects of past
discrimination. Racial preferences are legal only when undertaken to
discharge obligations under these laws, and they don't kick in without
a threshold statistical showing that members of disadvantaged minorities
are, in fact, underrepresented in a particular workforce. Informal,
anecdotal impressions that one or another race is accorded an undue
advantage on the job won't suffice. And in civil service, demoting
members of one ethnic group to make room for members of another is
seldom a good idea.
“Librarian Won't Be Reinstated”
Atlanta Journal-Constitution, March 19, 2002
One of eight librarians who won a $25 million racial discrimination case against the Atlanta-Fulton Public Library will not get her old job back, a federal judge ruled Monday.
Attorneys for Maureen Kelly had asked U.S. District Judge Beverly Martin to move their client out of her current position at the Central Library, and return her to the managerial post she held two years ago. Kelly had supervised 14 employees as circulation manager, but was abruptly reassigned to the Alpharetta branch in May 2000. Her current position has no staffers and lacks a budget, her lawyers said.
But on Monday, Martin said no. "It didn't sound like it was commensurate with what she was doing before," said Kelly's attorney Kelly Beard. "I think the judge made it clear that she [Kelly] had to roll up her sleeves" and take ownership of the new post.
In January, a federal court jury ruled that Kelly and seven other librarians suffered discrimination by Fulton County because they are white. Since the verdict, Martin has ordered Kelly, who has some physical disabilities, to return to Central. Kelly was assigned to manage the "Computer Hub," an information tech department that the library is trying to implement.
Martin has yet to rule on whether the other seven employees could go back to Central. The women had sued the county after they say the library administration relocated them from Central to increase the number of black managers there.
Fulton County Attorney O.V. Brantley said she was pleased with Monday's decision. "We filed a post-trial motion to set aside the verdict," said Brantley. "We asked the judge to reduce the verdict, and we asked her to grant a new trial."
"Settling Lawsuits Costs Taxpayers"
Letter to the Editor, Atlanta Journal-Constitution, March 6, 2002, page A-11
"After reading of yet another discrimination suit [involving a fired employee of the city's
rapid transit system]...I would like to see the Atlanta Journal-Constitution
do an in-depth story detailing the cost of such settlements to metro Atlanta taxpayers. I
recall another recent settlement in favor of some Fulton County librarians. I would like the
Journal-Constitution to compare the cost of these lawsuits, including settlements,
with other metro areas. Taxpayers should be appalled at the cost of these suits."
Bill Would Reduce Size of Library Board;
Lawsuit Verdict Triggers Action
North Fulton.com, March 5, 2002
The fallout from the $24 million judgment against the Atlanta Fulton
County Library System Board of Trustees continues, prompting two North
Fulton legislators to reintroduce a bill that would reduce the 17-member
board.
The verdict – nearly equal to the annual library budget – upheld charges
that members of the board discriminated against eight white library
supervisors. The jury’s verdict also validated long-held views of library
board critics: that it is too big; politically weighted to over-represent
Atlanta interests; and micro-manages duties best left to the professional
staff.
State reps. Mark Burkhalter and Tom Campbell introduced House Bill 1248,
which would limit the board to seven members. Two years ago, the Fulton
Board of Commissioners unanimously passed a resolution calling for a
library board to nine members, but the legislative bill died in committee.
This bill would reduce the board to seven members (down from 17), each
seat chosen by a county commissioner. No elected officials would sit on
the board.
Any change in the library board must be determined by the state
Legislature because it was a legislative act that provided for the
Atlanta library system to be joined to the county. When the two systems
were merged to bail out the Atlanta system, the legislative act that
created the new board called for 11 members – the majority of whom would
come from Atlanta – plus one member from the DeKalb part of Atlanta, and
five elected by the board itself.
This has ensured a majority of the board will always be from Atlanta, and
on the current board one-third of board members come from one small area
of Atlanta represented by Fulton District 5 Commissioner Emma Darnell.
This disproportionate representation has grown more distorted as the rest
of Fulton County has grown.
Darnell has also sat on the board for eight years as the County Commission
representative (a second commission seat was added as a compromise, now
occupied by District 3 Commissioner Bob Fulton). Burkhalter said the board,
dominated by Darnell, has been ineffective and has interfered with staff
decision-making to the point that any decision must move at a snail’s pace
through the board’s innumerable committees.
"For better or worse, the Legislature is saddled with a useless board,”
Burkhalter said. "The last time this bill came up, race was brought in and
it died. The only issue now is restructuring the board to make it more
efficient. That $24 million judgment highlights the need for action.”
This time around, it will be harder for Atlanta legislators to argue that
the bill is race-based in light of the huge award against the board,
Burkhalter said.
Darnell said she has been working on other legislation and has not seen
the current reorganization bill. She said her standard for support would
be that all residents of Fulton County be represented fairly. As for
Burkhalter’s comments that she dominates the library board, Darnell said
she has long been a lightning rod for his criticism of Fulton County
government.
"I make it a habit not to respond to Mr. Burkhalter’s comments until he
develops a position that is not tinged with racism,” Darnell said.
But charges of mirco-mangement by the board and disgust over the damages
awarded to for reverse discrimination are not Burkhalter’s alone.
At the Feb. 28 library board meeting, Donna Brazzell, president of the
Northeast Spruill Oaks Regional Library, said as a citizen, she was
"furious” over the $24 million judgment, which she said was a result of
the board’s micro-management.
"Wouldn’t it be better to allow our professional staff manage operations?
The board should also cease its intimidation of employees,” Brazzell said.
The board must deal with needs countywide – English as a second language,
a parking deck for the Atlanta Central Library, the Ocee library – which
will take more funding than the library system has provided the last few
years, Brazzell said.
"But how can this board expect to be supported in light of its destructive
practices?” Brazzell said.
Clinton B. Johnson, the board president, was not on the board when events
that triggered the lawsuit occurred. He said he is not concerned about the
size of the board.
"I don’t have a problem with changing it. But if all the seats are
appointed by the Board of Commissioners, then the library board will speak
with the commission’s voice,” said Johnson, an Alpharetta resident.
The library board members would be beholden to the commissioner who
appointed them, Johnson said.
That isn’t necessarily the case. Last year the Board of Commissioners
tried to fire their MARTA board appointee when he voted for fare increases
against the commission’s wishes. A judge ruled the board couldn’t dismiss
an appointee for disagreeing on policy.
Johnson said he also liked the board’s ability to appoint its own members.
That adds "something” to the board’s representation in some of the
sub-areas,” he said. Johnson did agree the current representation is
lopsided.
"I would like to change one thing. One-third of our board comes from one
small area of Atlanta. But that was the system then,” he said.
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