NC Schools Superintendent files lawsuit over Govenor's actions

[CatherineE]

The lawsuit was filed Friday....

http://abclocal.go.com/wtvd/story?section=news/local&id=6743309#bodyText

RALEIGH -- Superintendent of Public Instruction June Atkinson filed a lawsuit against the state Friday.
She maintains Governor Beverly Perdue replaced her illegally.

The question of her replacement is critical to public school education, and both sides of the suit agree the question needs to be answered.

The discussion started when Gov. Perdue convinced the Legislature to give her the power to appoint a CEO of the State Department of Instruction. Then she announced educator Bill Harrison would take the job.

Atkinson, who was elected twice, looked on as she was effectively stripped of her power. She has few inherent powers thanks to rules approved over the years by both the Legislature and the board. Perdue said in January that Atkinson would remain an "ambassador" for the schools.

"It was uncomfortable for me, but I wanted to show support for Gov. Perdue's education agenda," Atkinson said.

Earlier this year, Atkinson asked legislative leaders to either work to pass a law to restore authority to her job, give the governor complete control over the Department of Public Instruction or let voters decide in a constitutional referendum.

Atkinson said if the courts decide there should not be an elected superintendent, she's OK with that. She just wants the issue resolved. Legislative leaders and the Governor also appears to welcome a decision by the courts on whether voters or the Governor should pick a state schools superintendent.

Legislation approved in 1995 gave the board flexibility to craft the superintendent's job. The power of the post has ebbed and flowed since then, depending on who was on the job. During Atkinson's first term, the board gave most of the day-to-day authority of the schools to a deputy superintendent.

(Copyright ©2009 ABC11-WTVD-TV/DT. All Rights Reserved - The Associated Press contributed to this report.)

[CatherineE]

Can someone explain how this happened? What's the real story behind the Gov. circumventing the role of another elected council of state member, the Superintendent of Public Instruction?

If someone knows what's going on, please spill. This doesn't bode well in any direction.

[johnshaw]

Jack Betts of the Charlotte Observer has an article (also published in today's News & Observer) that discusses the case:
http://www.newsobserver.com/opinion/columns/story/1474750.html

A copy of the suit can be found here:
http://www.wral.com/asset/news/state/2009/04/02/4881269/atkinson.swf

Of course, if anyone has any inside information that can explain what is behind it, please let us know.

[chaboard]

Jack Betts of the Charlotte Observer has an article (also published in today's News & Observer) that discusses the case:
http://www.newsobserver.com/opinion/columns/story/1474750.html


Thanks John - some interesting background in that article.

[Don]

What has June Atkinson actually done as superintendent anyways?

[Brent]

What has June Atkinson actually done as superintendent anyways?

What has she been permitted to do?

[Don]

What has June Atkinson actually done as superintendent anyways?

What has she been permitted to do?


She's been super for over 4 years right? (ok, maybe a little less thanks to Bill)

[CatherineE]

What has June Atkinson actually done as superintendent anyways?

She managed to get re-elected for one thing.

[Brent]

What has June Atkinson actually done as superintendent anyways?

What has she been permitted to do?


She's been super for over 4 years right? (ok, maybe a little less thanks to Bill)

Yes, but Gov. Weasley constrained what she was able to do also, according to reports I read.

[DarylB]

No particular dog in this fight, just repeating an article published by the N&O that's supposed to offer an explanation of what's going on. Never can tell what the N&O has in the game, which is always a political entity in its own right. Here's what they wrote:



Atkinson fights to lead DPI
She was elected to run schools

By Lynn Bonner - Staff Writer
Published: Fri, Apr. 03, 2009 02:00AM
Modified Fri, Apr. 03, 2009 01:23PM


State school Superintendent June Atkinson plans to sue to get the job of running the state Department of Public Instruction.
Atkinson, who won her second four-year term in November, will file a lawsuit today challenging decisions that have frozen her out of a job she believes she has a constitutional right to hold. Former Supreme Court Justice Bob Orr, who runs the N.C. Institute for Constitutional Law, will represent her.
The constitution and state law have made a complicated mess of state education leadership.

As a result, winning the job of state superintendent of public instruction does not guarantee the officeholder will have any official duties. Some of them, such as former Superintendent Mike Ward, have run DPI, while others haven't.
Atkinson has asked the legislature to solve the problem. Several legislators have proposed constitutional amendments that would eliminate the elected position and have the governor appoint a superintendent.
Atkinson said in an interview Thursday that she did not want to wait for a constitutional referendum. Legislators have proposed such constitutional changes before, and they never make it onto a ballot.
"People vote thinking they're electing someone to administer and manage public education," she said Thursday. "I believe the people of the state deserve clarity."
Atkinson never has run the department. During her first term, J.B. Buxton came out of former Gov. Mike Easley's office to manage the education agency.
This year, Gov. Beverly Perdue bypassed Atkinson and chose William Harrison to both run DPI and lead the State Board of Education as chairman. Perdue, Harrison and the board will be defendants in the lawsuit, Orr said.
David Kochman, a Perdue spokesman, said "the governor's confident in the legislation that the legislature has passed and enacted regarding this issue, and beyond that thinks that appointing Dr. Harrison is the right thing to do for our schools to add more accountability and streamline the process."
Harrison could not be reached for comment Thursday afternoon.
Unlike legal opponents who retreat to separate corners, Atkinson will be in constant contact with the people she's suing. Her office is close to Harrison's, she sits next to him at school board meetings, and she goes to Perdue's education news conferences.
Atkinson did not talk to Perdue, a fellow Democrat, about her decision to sue, but said she was not worried about being ostracized.
"What's the Janis Joplin song? Freedom's just another word for nothing left to lose," Atkinson said.
Orr, who ran for the Republican nomination for governor last year, said there are "serious constitutional problems" with having someone other than the elected superintendent run DPI.
The constitution includes a job description for the superintendent, Orr said. "Can the General Assembly, through the State Board of Education, say that they will transfer the authority to a new position we've created and assigned to the board?"
The question has broader implications, Orr said. If the superintendent can have his or her duties stripped, what's to stop the legislature from taking away the duties of the state attorney general or the labor commissioner? he asked.

http://www.newsobserver.com/news/story/1469559.html#none

[Don]

What has June Atkinson actually done as superintendent anyways?

What has she been permitted to do?


She's been super for over 4 years right? (ok, maybe a little less thanks to Bill)

Yes, but Gov. Weasley constrained what she was able to do also, according to reports I read.


Fair enough - but why then has it taken four years for her to say something about it?