Topic: Title VI

‘We’re all in this together,’ OR are we?

By Turner McCullough Jr. | October 23, 2007 |

Mayor’s denial raises concerns

The recent discord over the makeup of the City Charter Review and Revision Committee has revealed a most unpleasant undercurrent in our government and our community. The fact that this committee, which will revise the city’s primary policy document, lacks any minority participation has caused many to question the selection process and the fairness of the results. «Read the rest of this article»

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A Look Back: A community teetering on the edge

By Turner McCullough Jr. | October 14, 2007 |

As the city faces ongoing questions related to its Title VI compliance status, it’s worth reflecting on observations noted in a Leaf Chronicle editorial (5/17/06) in the aftermath of the city’s ADA lawsuit settlement. Is it still just ‘the Clarksville Way’ to needlessly waste taxpayer dollars?

Kudo’s to the Leaf Chronicle editorial staff for their editorial acknowledging the need to bring the City into compliance with the Americans with Disabilities Act. A second round of Kudo’s to the three members of the ‘Wheel Me On’ group who brought the lawsuit in the first place.

This excerpt from the Leaf Chronicle seems to acknowledge, for the first time, that we have a community problem:

“All of this is eerily similar to the City’s approach to the minority rights [issues] in the police department where ongoing claims of racial discrimination by black officers have led to millions of dollars lost in judgments against the City in Federal Courts.”

“ It’s time to change this mindset about oversight of civil rights. For when the Federal Court has it’s say, you do it right, or pay. And too frequently, that [the latter] is the Clarksville way.”

But does it have to be? «Read the rest of this article»

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A Talking Points Primer On Title VI

By Turner McCullough Jr. | October 2, 2007 |

Whenever local public officials are asked about Title VI, invariably they respond that they don’t know anything about it. They say they must check with the city or county attorney or some other ‘unavailable’ person. They are aware Title VI requirements exist, but are not versed in the details of those requirements and regulations. This should not be.

As we are now 43 years into the Civil Rights Act of 1964 being the law of the land, perhaps a brief primer is in order.

“Simple justice requires that public funds to which all taxpayers of all races contribute not be spent in any fashion which encourages, entrenches, subsidizes or results in racial discrimination.” — President John F. Kennedy, in his message calling for the enactment of Title VI, 1963.

On August 3, 1964, President Lyndon Baines Johnson signed the Civil Rights Act of 1964 into law. Federal regulations and rules were formulated to effect its compliance and enforcement. «Read the rest of this article»

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Happy 43rd Anniversary, 1964 Civil Rights Act! Title VI Compliance Still MIA In Clarksville

By Turner McCullough Jr. | July 4, 2007 |

We are now in the 43rd anniversary year of the signing of the 1964 Civil Rights Act. That’s quite a milestone for the nation. Sadly, it’s a dark anniversary for Clarksville and the state of Tennessee. President Lyndon B. Johnson signed the Civil Rights Act of 1964 into law on July 2nd of that year. (Pictured left.)

Tennessee State Archives records show our own state legislature didn’t adopt it into the state’s law code until 1993. That’s twenty-nine years after it had became the law of the land! The law of the land, that is, except for the State of Tennessee.

That lag in time may help explain why our own city council has refused, even now, to adopt Title VI of that law, as the city’s official non-discrimination policy. There is a policy statement on display in city offices and the city’s website, to be sure. However, since it is required that the legislative controlling body of local government formally adopt Title VI mandates as official policy to receive federal financial assistance, these displays are meaningless without the council’s follow-thru. A mayoral proclamation is inapplicable. As TDOT’s Commissioner Nicely noted in August 2005, the city is not in compliance with the federal law. «Read the rest of this article»

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Title VI Compliance- After 43 Years Where Does Clarksville Stand?

By Turner McCullough Jr. | June 12, 2007 |

July will mark the 43rd anniversary of the signing of the Civil Rights Act of 1964. One of the most powerful planks of that law is Title VI. “Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.” In a nutshell, Title VI stipulates that no state, nor any agency of a state, no municipal or city government; no postsecondary or local educational agency or any private entity contracting or partnering with any of the aforementioned governmental entities, shall discriminate in programs and activities which receive federal financial assistance, based on race, ethnicity, color, or national origin.

In calling for its enactment, President John F. Kennedy identified “simple justice” as the justification for Title VI:

“Simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination. Direct discrimination by Federal, State or local governments is prohibited by the Constitution. But indirect discrimination, through the use of Federal funds, is just as invidious; and it should not be necessary to resort to the courts to prevent each individual violation.” See H. R. Misc. Doc. No. 124, 88th Cong., 1st Sess., 3, 12 (1963).

«Read the rest of this article»

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Title VI Anvil Stills Lingers Over Our Heads

By Turner McCullough Jr. | June 5, 2007 |

Apparently no one seems to remember Title VI. It was completely avoided during the 2006 election cycle. The Clarksville Urbanized Area Metropolitan Planning Organization (CUAMPO) has even ignored the negative findings report it received from the Federal Highway Administration (FHWA). Their response deadline has long since passed with no report to the public of how they responded.

However, the issue has not gone away. If anything, the pressures on our community are even greater now that federal officials are beginning to review and investigate fraud allegations that have been lodged with their different agencies. It’s about time they came out of their shells to ascertain the true status of compliance here.

July 2nd will mark the 43rd anniversary of Pres. Johnson signing the 1964 Civil Rights Act into law. Our own state legislature however didn’t adopt it into the TCA until 1993. Our city council still has yet to do so to this day. «Read the rest of this article»

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The Clarksville Human Relations Commision and the Sunshine law

By Bill Larson | June 15, 2006 |

On Tuesday, I had lunch with David Shelton. He is by chance a Member of the Clarksville Human Relations Commission (CHRC). David and I are also friends. During our lunch David mentioned to me that he had a training session later to attend at the CHRC. As it was late afternoon I offered to drive him there and drop him off.. Little did I know that some people might later feel that by that simple act, I was aiding and abetting a violation of state law. «Read the rest of this article»

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