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Racial Profiling : The Latest Political Football


By David Samuels

Politics and community organizing are based on a culture of dishonesty. The latest example of this truism is the state racial profiling law, which will be one of the biggest issues at the State Capitol during the 2012 legislative session that begins in February.

Racial and religious profiling is a serious issue. A Department of Justice report found that Blacks and Latinos are three to four times as likely to be searched, arrested and subjected to the use of force during traffic stops than whites. The Alvin W. Penn Act was named for the late state senator who introduced the bill after he was racially profiled by the Trumbull police in 1996.

The Penn Act calls for all police departments to submit reports on the demographics of the people who they subject to traffic stops. These reports are based on a compilation of traffic stop demographic data forms which must be filled out by patrol officers each time that they stop a car. Penn, who died in 2003, must be spinning in his grave as he sees what has become of this legislation. The law has been dormant for years due to a myriad of factors such as funding issues and the lack of compliance by police departments.

I am the founder of the Community Party. CP has been working to strengthen the Penn Act since 2010. Our group was the first to take up this issue. We are an unpaid group of volunteers whose only agenda is to enact public policies which will benefit state residents. Our motivation is simple – we are community residents and we will benefit from these policies, as will our family members, loved ones, friends and neighbors.

Our proposed Penn Act amendment addresses the aforementioned data collection and compliance issues but goes much further as it also includes enforcement provisions such as a traffic stop receipt, which would have to be given to any motorist who is stopped by the police.

The Department of Justice recently issued a report on the findings of their civil investigation of the East Haven police, who have been accused of racially profiling and brutalizing Latinos in that town ( a criminal investigation is expected to result in arrests soon).

The DOJ report found that EHPD officers have been lying on the demographic data forms, supporting the findings of a 2010 Yale Law School report which produced the same conclusion. The EHPD officers were entering Latino drivers as white in order to cover up their actions.

Our bill calls for the form to be modified and issued in triplicate, with a copy being given to the driver. The form would include the contact information of an independent subcommittee which would investigate racial profiling complaints. Individuals who filed the complaints would be able to remain anonymous. Our language also includes provisions which would address religious profiling and prevent individuals from being harassed about their immigration status.

We also want the state to establish a Penn Act and Racial Profiling Oversight Committee which would continue to address the layered issue of racial profiling. Traffic stops are just one tool of racially biased policing.

Unfortunately, other organizations and individuals see the Penn Act as a political football. Their desire is to run the ball into the end zone, spike it and do a touchdown dance – in other words, get credit for passing an amendment to the Penn Act and use that credit to advance their own self-serving political agandas.

Whether or not the bill which passes actually protects anyone from racially biased policing is a nonissue for them. Sandra Staub, Legal Director of the American Civil Liberities Union of Connecticut, has been leading a coalition including A Better Way Foundation and the Council on American-Islamic Relations which has been shopping around a watered down version of CP’s amendment at the State Capitol.

The ACLU legislation is based on the Rhode Island Traffic Stop Statistics Final Report, which was written by Jack McDevitt of the Institute on Race and Justice at Northeastern University. Staub and McDevitt talked about their bill at a December briefing by the Connecticut State Advisory Committee to the US Commission on Civil Rights (CP was not invited to this hearing because we did not do the required sucking up).

The briefings have turned out to be an informercial for McDevitt’s toothless Rhode Island model, which is based strictly on data collection and includes no enforcement provisions. The McDevitt report describes racial profiling as “a complex problem, either real or perceived. Staub met with CP in 2010 to discuss the Penn Act issue – we have included her on internal group emails. Yet Staub does not talk about CP publicly when she discusses the state racial profiling law.

During her testimony at the feds’ briefing she went into detail about how our bill mysteriously died in committee after making it to the Senate floor during the 2011 legislative session, while somehow avoiding mentioning the name of our group. Staub talked about the problematic history of data collection and compliance by police departments. She clearly demonstrated that she either does not recognize or is choosing to ignore a fatal flaw of the Penn Act.

The DOJ and Yale Law School reports clearly show that cops are lying on the demographic data form. The data is corrupt. CP’s traffic stop receipt would break the monopoly that the police currently have on the data. Citizens would now possess the same record of traffic stops that the cops have. McDevitt was asked what he thought about our traffic stop receipt concept, which is crucial to ensuring that patrol officers do not falsify the form. He said that a receipt would be “no benefit” – clearly he meant that the provision would be no benefit to him, because he wants his crappy bill to be the one that is passed by the Connecticut General Assembly.

Christine Stuart of CT News Junkie has imposed a blackout on CP because I confronted her privately and publicly about her site’s abysmal track record of covering issues which impact communities of color.

Stuart has created a revisionist history of the Penn Act issue which casts a white person (Staub) as the champion of the bill. Her article on the December briefing included the fabrication by the Connecticut Police Chiefs Association that our amendment would be too costly, as printers would have to be installed in police cruisers to produce the receipts.

The aforementioned components of our receipt provision would would not be costly at all. Gov. Dannel P. Malloy recently announced that $1.2 million in federal grant money has been found which is supposed to be used to fund the Penn Act. Estimates indicate that initial Penn Act revisions will cost $500,000 in 2012, with the cost declining to $ $200,000 to $300,000 a year.

Last summer Staub co-hosted “teach-ins” on our bill in Hartford with ABWF, CAIR and City Councilman Luis Cotto.The public announcement promoting the “teach-ins” in a local newspaper didn’t mention CP at all.

Finally, we also attempted to involve CAIR Executive Director Mongi Dhaouadi in our campaign (we have the emails to prove it). Dhaouadi responded by setting up a meeting with Malloy right after he was elected, presenting him with a list of Penn Act improvements and then announcing afterward that the meeting had taken place.

I want to make this clear – this is not about my hurt feelings or those of other CP members, who have been working tirelessly on our campaign to enforce the Penn Act. The selfish political games that are being played by the ACLU, ABWF, CAIR, federal and state bureaucrats, Cotto and Stuart will impact the public safety of people of color and religious minorities in Connecticut. These populations need a strong bill which will provide real protection against biased policing.

CP challenges politicians, state and federal officials, non-profits, activists and so called journalists in this state to start working for the people, instead of themselves (we won’t hold our breath waiting for that to happen). Forget about the end zone celebration. We will continue to expose and confront the culture of dishonesty which permeates city and state politics and community organizing. Count on it. We are providing regular updates on our Penn Act Facebook page.http://www.facebook.com/PennAct

David Samuels is the founder of  the Community Party.

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Condo Bill Passes Connecticut Legislature


By  Ann Diamond, Commentary

HARTFORD — On the last day of Connecticut’s 2011 legislative session, condo and common interest owners received another nod of support in the form of the passage of HB 6234: An Act Concerning Elections of the Executive Boards of Directors of Condominium Unit Owners’ Associations and Changes to the Common Interest Ownership Act.

The bill represents a composite of previous bills, introduced to address the many complaints legislators have received from constituents over the management and governance of Connecticut condos.

Throughout the year the Connecticut Condo Owners Coalition (CCOC), a newly formed organization of volunteer members whose mandate is to work to protect the rights of condo owners and the health of their financial investments, has provided testimony before committees and to legislators through its membership’s personal accounts of horror stories, designed to demonstrate the need for new legislation that would ensure the enforcement of the current condo laws.

This effort to give condo owners the assistance they need was, also, initially led by Attorney General Blumenthal several years ago; and this year, Attorney General Jepsen agreed with his predecessor by re-submitting the proposal to establish within the Department of Consumer Protection an Office of Ombudsman, where condo owners could go for help in resolving conflicts with their association boards and management companies.

During this legislative session Rep. Jack Hennessy (D-Bridgeport), Rep. James Albis (D-East Haven) and Rep. Robert Megna (D-New Haven) worked to craft legislation that would provide some support and relief for condo owners.

Their efforts were met with great resistance by lobbyists of a nationally-connected organization that represents the interests of management companies and attorneys who litigate against condo owners on behalf of their associations.

Some of these attorneys were even members of the Judiciary Committee who succeeded in shooting down the efforts to establish an Office of Ombudsman.

When an attempt was made to follow the examples of Nevada and Maryland and to at least provide for mandatory arbitration of disputes, they blocked even this effort by saying that it isn’t possible to require associations to engage in arbitration.

In the end, they agreed to provide owners with a mechanism for gaining a hearing before their condo boards “before bringing an action or instituting a proceeding against an unit owner….”

While this is a long way from providing the kind of help with enforcement that is needed, it is an acknowledgment that boards have, in too many cases, acted unilaterally and without providing members with even an opportunity to engage in any discussions or attempts to resolve these disputes.

Connecticut is reported to have approximately 250,000 condo units.

This not only represents a tremendously important lifestyle choice–often made by the elderly, but the problems found within those communities have great and long-term implications not only for the individual owners, but also for their communities and for the cities and towns in which they exist.

Currently, the property values of condos vary and many have plummeted, not only as a result of the economy, but also as a result of poor management. More and more owners are leaving and are renting out their properties, which has had a negative impact on the up-keep and climate of those communities.

While attorneys and management companies have prospered at the expense of individual owners and condo communities, they appear to be unconcerned about the long-term ramifications of continual discontent and unresolved conflict.

The pressure of the economic problems facing Connecticut was, also, effectively manipulated by opponents to an Office of Ombudsman in their favor. Funding for this office would have come from a $4/unit/year fee much as has been done in other states and is done in Connecticut to protect consumers who hire contractors for home improvements or clients who use health clubs.

Even this nominal fee was held to be too great a cost, while all the time legislators and lobbyists continued to claim that any disputes between owners and their associations and/or management companies should be funneled through the State court system–a system already over-burdened by pending litigation and a system that is many times more costly to the taxpayers to run than an Office of Ombudsman could ever be….

The CCOC will continue to work with legislators to find ways to protect condo owners and their property. It is critical that owners with problems contact their legislators to educate them of their need for support. Without a mechanism to enforce condo laws–other than expensive, time-consuming and attorney-dependent litigation, the values of these properties and the quality of life are going to continue to decline.

It has been said that all that is needed is a little more time and some education of board members. For many too much time has already passed and no amount of education will change the attitudes and conduct of association boards who feel entitled and unaccountable to anyone for their actions and decisions.

The CCOC is a grassroots organization that solely represents condo owners from 103 cities and towns in Connecticut. There is no membership fee to join. If you are interested in reading more about the CCOC you can go to our website (which is under development) www.ctcondo.org and for more information on joining email ctcondoowners@yahoo.com.

 

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Why This Story, Not Real Civil Rights Issues?


To The Editor:

I cannot believe that the story about East Hampton Police is newsworthy , while the NAACP is on life support. The state of Connecticut NAACP has been losing membership and branches for the past several years and support for the organization continues to dwindle in large part because its focus is not on real civil rights issues.

The East Hampton issue of sending e – mails shows that the focus of the organization is not where it should be. Sure there maybe a need for sensitivity training and maybe there needs to be reprimand; however,there are no civil rights violations or actionable consequences. This stuff has been covered in civil rights 101.

Everyone has a right to free speech. Instead of focusing on the inequities in our political, legal and economic systems the NAACP is making appearances to make it seem relevant.

There was a time when we had over 20 active branches. Now we are down to 16 or is it 14 and does that really reflect active branches. As we speak, the Hartford branch, just like the Waterbury branch, is in a state of flux.

Branches throughout the country have been render dysfunctional because of incompetency. Our neighborhoods, which we serve, are losing hope due to budget crisis, tax increases, gasoline prices and high unemployment in disproportionate and disparging numbers. And we are dealing with memos and accusations of alleged racism without complete evidence, or necessary legal standing.

What are we doing? Let’s tackle real civil rights issue and stop the photo opportunities. We must move pass civil rights 101.

Russell Williams

Russell Williams works at the Washington-based Center for Economic Justice. He is challenging the current president of the state NAACP, Scot Esdaile.



 





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Letter To The Editor: Enforce Existing Condo Laws


Dear Editor,

Ours is not a ‘horror’ story but does show the insidious and costly nature of unenforced condo laws.

Existing condo law must be ENFORCED by a neutral agency. The Condominium Act came about because regulation became necessary to protect owners of these ‘new communities’.

However, because the state cannot directly enforce the law, associations have managed to circumvent it.Our association is comprised of 32 units that pay equal common fees.  In our association, 24 units are townhouses, with awnings, fireplace chimneys, basements, extensive brick sidewallks with railings, trellises, and lawn sprinklers.

The other eight units are ranch style units that have none of the mentioned items of the other 24 units. The 24 can out vote the eight on almost everything. The common fees used to be fractional but because the intent of fractional common fees and voting was misunderstood and/or hard to cipher by the once owner-management, ‘equal’ common fees were instituted.

The eight subsidized amenities for the 24. Regardless, the association is in clear violation of the “Condominium Act 825 Sec. 47-74 Rights of unit owners” which states, “(b) (1) Each unit owner shall own an undivided interest in the common elements, in the percentage expressed in the declaration.

Such percentage shall be computed on any of the following bases, or a combination thereof, provided that the declaration shall fully set forth the manner in which the percentage appertaining to each unit is ascertained: (A) The fair value of each unit at the date of the declaration in relation to the fair value of all the units having an interest in the common elements; (B) the size of each unit, as shown in the plans filed with the condominium instruments, in relation to the size of all of the units having any interest in the common elements; or (C) that the percentage appertaining to each unit, or to each unit within separate classifications, is to be identical.

Even if the eight owners had the money to fight, we’d be paying for both the association lawyer and our own. If the eight water thier lawn, they pay for that water plus the water for the sprinkler system across the street for the 24 units over there. In effect, a minority is subsidizing the majority. The fact that none of this is made clear when purchasing a unit is deplorable.

The kicker? Our condo association lawyer is also a lawyer for a group fighting the proposed legislation.

Ruth Van Anden, East Windsor



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Hartford School Board Should Start New Superintendent Search


FEATURED LETTER

It’s unfortunate that Christina Kishimoto had to face the news that her celebratory evening had to be canceled because Mayor Pedro Segarra called for a national search for a new school superintendent.

Hello! There is a reason Segarra did that. He found out that [David] Medina was engineering news coverage to place Kishimoto in a glowing light. If that is true, how is that fair to the other candidate—or would-be candidates who already read about the apparent pick?

I think the mayor had to step in.

The school district’s press guy was advocating for Kishimoto to the press, calling her  the best qualified. Then you had parents who were supposed to be watching out for things like this, repeating the phrase “best qualified” like puppets.

By the way, those are code words. And most people who know the business of human resources understand that phrase means they had an excuse to skip affirmative action hiring procedures.

The board of education should know better. And Kishimoto should also know better and accept that the process was tainted.  That’s not how anyone should fill a vacancy in a tax-funded entity.

It’s unclear where we should put the blame. But with conflict of interest on almost all sides of this process, side deals and perceived pay offs and only two candidates available in the selection – this search deserves to be upended.

In a system filled with cronyisms and political appointments, the board should have considered the implication of having only two candidates for this important job.

That is a dangerous message to send, no matter who feels Kishimoto was the best qualified. And stop talking about the economy and the need to skip corners. The board found $15,000 for a proposed nonprofit parent group. Saying the search would be cost-prohibitive is only an excuse to skirt the long established process—put in place for a reason.

The Hartford school system is unique in that it is segregated from its suburban counterparts with more than 95 percent black and Latino students. It’s also the home of the school desegregation case, Sheff v. O’Neill. It is notorious for turning away qualified black and brown teachers and administrators, including me.

The whole process needs to be scrapped and start over again. The school board should forget perceptions at this point and really think about the students, who include my nieces and nephews.

Arlene B., East Hartford

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Letter: Union Stresses “Safety and Quality” For MDC Hiring Practices


April 14, 2010

Dear Hartford Guardian Editor:

I am replying to your recent [March 29 2010] Featured news article entitled, “Hartford Blacks Question MDC’s Minority Hiring Practices” discussed a group’s inquiries into how the MDC is hiring labor for the Clean Water Project.  As business manager of the Connecticut

I would like to thank MDC Chair Adam Cloud for meeting with the group and providing the necessary information and updates.  As he noted, there was a self-admitted “informational gap” by the group that has been filled by the recent job fair and Jobs Funnel graduation at the Laborers’ Local 230 offices.

Charles LeConche

However, the news article should have noted that the hiring of workers and companies is not whatsoever a union vs. non-union  issue.  Engaged contractors hire workers based upon their experience, training and the nature of the work.  In fact, since the MDC project began over a year ago, over $43.8 million has been spent with non-union, open-shop companies.

But there is still another question the news article overlooked — How many of these non-union, open-shop companies are providing the proper training and apprenticeship programs for its workers?  None.  While we spend our hard-earned tax dollars on this important regional water project, safety on the job and the quality of the work must come first and that is why the regulations are in place to ensure these standards conform with existing laws.

As the news article noted, a properly trained individual that recently graduated from the Jobs Funnel program was hired by one of the MDC contractors.  This individual sat through the classroom training and spent hours in the field to earn his apprenticeship status.  In fact, new laws have been put in place to make sure all apprenticeship laborers’ that will work on pipe projects with a P6 license need to graduate from a bonafide industry training program.  Workers without the proper licensing and training cannot be hired.

So, regardless if a contractor is union or non-union, the only real issue here is safety on the job and the quality of the work.  Because this is a critical issue, I would like to request that you continue your news coverage about MDC’s hiring practices by reviewing the compliance measures of these nonunion companies for four critical factors — minority placement, worker training, approved apprenticeship program and licensed P6 workers.

We need to make sure our workers are safe while on the job through compliance on behalf of all Connecticut taxpayers.

Sincerely,

Charles LeConcheConnecticut Laborers’ District Council

Hartford

 

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