Governor Brownback issues an ERO removing the independence of the Kansas Human Rights Commission

EROs (Executive Reorganization Orders) are provided for in the Kansas Constitution. They enable a Governor to transfer, abolish, consolidate, or coordinate agencies and functions within the executive branch of state government. An ERO becomes effective July 1 following its transmittal to the Legislature, unless within 60 calendar days either the Senate or the House adopts a resolution disapproving the ERO. After an ERO takes effect, it becomes like statute and the Legislature then has the option of amending or repealing an ERO in the same way it would amend any other legislation.

This year, in response to the looming budget issues, Governor Sam Brownback issued a number of ERO's that would eliminate or consolidate State Agencies. While no one could argue that a $550,000,000.00 dollar shortfall would not require significant reorganization, one ERO in particular will have a negative impact on the community that outweighs any potential cost savings.

Governor Brownback issued an ERO that eliminating several positions at the Kansas Human Rights Commission, and moving their investigations under the Attorney General's Office. While the move is planned to save $200,000.00, the real cost to citizens is the loss of the ONLY independent investigative body with statutory enforcement power in the State of Kansas. Now, as a consequence, persons wishing to file a complaint against a State Agency would have to file those complaints with the agency's Attorney of Record! This will remove any independent investigative authority, which is provided by statute, and will replace it with a system where the State will investigate and police itself.

We, as a body, oppose this ERO and we call upon Governor Brownback to rescind it, or the Legislature to block it through passage of a resolution, or to repeal it through the Legislative process.

I was recently copied in on a letter written by retired KHRC Chairman Emeritus James Butler regarding this particular ERO. I am posting it here with his permission...

Dear Senator Reitz:

I served the State of Kansas for many years as Chairman and Commissioner to the Kansas Human Rights Commission, from 1979 to 2005, when I retired as the Chairman. During my tenure, I served under five governors: former Governors John Carlin, Mike Hayden, Joan Finney, Bill Graves and Kathleen Sebelius.

I was informed recently that Governor Brownback made a proposal for the Kansas Human Rights Commission's fiscal year 2012 budget to transfer the Kansas Human Rights Commission (KHRC) to the Kansas Attorney General's office for operation. I was shocked when I read the proposal and I still am because the office of Attorney General is an elected office and, for the first time in the history of the Commission, the Commission would be under the direction of an elected state office and political influence, subject to whatever bias may exist at any particular time. This move would eliminate 58 years of independent decision making in the area of civil rights in the State of Kansas.

The history of the KHRC shows that this is a radical move. Since its establishment in 1953 and through the years, the Kansas Act Against Discrimination through K.S.A. 44-1003 has mandated that a commission direct and govern the KHRC, and not the governor, or any elective office, which might be subject to political influence and conflicts of interest in an area which could give rise to such issues. The Kansas Act Against Discrimination (KAAD) sets up a system of checks and balances in the selection of each Commissioner to establish the independence of the decision making process of the KHRC. The KAAD dictates how each memeber of the Commission is chosen or appointed by the Governor (the executive branch), but that selection must be confirmed by the Senate (the legislative branch). K.S.A. 44-1003 mandates that no more than four (4) members of the commission can be from the same political party and this is another recognition that political influence is an inherent issue in the decision making process of the KHRC. Governor Brownback's recommendation eliminates the Commission in favor of the Attorney General or his designee acting as the final decision maker in civil rights cases, which will be a first in Kansas government.

The rationale for the recommendation is saving money and efficiency in government, but the KHRC has been the most efficient and cost effective operation in Kansas government for the past few years. The Commission has been very prudent in spending money, not having excessive travel to national conferences and organizations, little on-site travel relying on telephonic, email and correspondence to obtain information from complainants and businesses. If the object is to save $231,000, there are other ways to save that amount of money without radically changing the structure of the KHRC. Furthermore, nothing is gained by moving into the Attorney General's office because the KHRC already has subpoena enforcement powers and an attorney who handles the legal issues.

This move would result in nullification of both the Commission's independence and its effectiveness in the enforcement of civil rights in the State of Kansas.

I strongly urge you to oppose this ill-conceived proposal and urge others under your influence to oppose same. Thank you.

James E. Butler
Chairman Emeritus, Retired, KHRC

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Bishop Long as a metaphor: Why together we must break the silence on abuse...

I have struggled for a couple weeks with how I would approach this subject... You see, I have strongly felt a check in my spirit, a calling to speak out on a crisis within our community, but I just hadn't found the words. But now I have... This is not about Bishop Eddie Long - This is about us, and all the bishop long's we've tolerated in an indefensible silence.

Now with regard to Bishop Eddie Long, I don't know if he is guilty or innocent. Truthfully, I didn't know anything about him prior to these recent accusations so my point here is not to cast aspersions upon him. The justice system will ferret that out... But we've been too silent for too long about the sexual victimization of young girls and boys within our community. And I for one, will not remain silent any longer.

Rather than deal with Bishop Long the Reverend, I'd like to take a look at Bishop Long as a metaphor. Consider a man held in high esteem. Well regarded, and well known. A man holding a position of influence and one who used that influence to serve as a mentor to youth within our community... But even as he made his positive offerings to the community, he was victimizing the very children he purported to mentor.

This is not an isolated incident. This is not an uncommon anecdote. Too many children within our community are subject to acts of sexual molestation or abuse and we as a community need to speak out about it.

Through our work and my contact with youth, I am alarmed by the vast number of children who harbor terrible stories about the times their trust was betrayed and their innocence attacked. I have been equally pained to learn of the men, most of well repute, who selfishly scar the lives of our youth. These stories are scattered all around us; unchecked, unchallenged, they are our collective secret...

But no more.

Now I certainly realize, that this is a complicated psychological issue, and certainly not one that could be easily solved with a public awareness campaign. But I also know that the first real step to making a change is that Somebody has to stand up and say "Enough". We need to stand up for the safety and well-being of our children. No more young girls should have to endure this. No more young men either... Our Juvenile detention facilities and jails are filled with former victims of abuse: people who've struggled unsuccessfully to process and deal with their victimization. Our relationships are suffering, our family units are in free fall, and the monsters remain among us.

Now I don't know how this fits into the work of the NAACP. Our mandate is very clear and our mission is unambiguous. We are an organization that is dedicated to protecting people from the effects of bigotry, prejudice, and discrimination. I am as proud to be a part of that work today as I have ever been. But I also recognize a greater mandate. That we are ALL called to stand up and be protectors of our children and of those who can not protect themselves. And on this count, we are falling short.

I am a Civil Rights Warrior. But we can not be so concerned with defending our civil rights that we neglect to stand up for our children's Human Rights.

That is why a couple weeks ago I sat down with Pastors Reuben Eckels, Micheal Tyson, and Kevin Graham, along with NAACP Youth Director Kenya Cox, and TKAAM Executive Director Prisca Barnes, to have a conversation about how we could begin a community dialogue around the issue of ending the abuse. I don't know what form the campaign will eventually take - but I know its time to say "Enough".

If you have suggestions, ideas, or just want to be a part of the change - please drop me a line either by email or on Facebook, and let's end the silence...

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Angel Alert: Immediate need for Legal assistance...

Imagine for a moment that your teenage daughter wakes up in the morning and leaves for school just as she had hundreds of times before. And imagine learning that on that particular morning, your daughter, the 4.0 student, never actually makes it to class... In fact, she doesn't come home after school either. Frantically you search about, trying to find out where she'd gone,  and you find out that a man - one who had served time for for having improper relations with a minor, had been released from his incarceration and could be seen on camera picking your daughter up from the school that morning...

Imagine calling the Police Department and the FBI, only to have them treat you as though you were over-reacting. Imagine having them tell you that your daughter had probably just "run away" with the man and there was little they could do.

Imagine having to fight just to get the word out that something had happened. Imagine the pain as the days, and weeks, and months rolled by. Imagine investigating on your own and learning that the man had stolen a car that morning, - the same car they got into on the camera - and that that car could later be seen on camera crossing into Mexico. Imagine officials finally releasing a Missing Child poster, but still not identifying her as having been kidnapped.

Imagine that more than a year afterwards, the same officials, who never took the abduction seriously and only half-heartedly investigated, began suggesting that you might need to accept the unacceptable...

Now imagine that after hiring your own private investigator with your own funds, you learn that your daughter is in fact, still alive...

This is not just a random series of hypothetical situations... This is an all too real situation afflicting a dear friend of mine. She needs help. She has been searching for an Attorney for a very long time and while some have come and gone (along with the media), she is closer than ever to finding her daughter and the need has never been greater. If you, or someone you know, is an Attorney, licensed to practice in the State of California, and you would be willing to at least hear her out and decide what help if any you could offer, please - send me an email by clicking HERE and I will get you in immediate contact with the mother...

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Sudanese Journalist Lubna Hussein set free after one day imprisonment

Sudanese Journalist Lubna Hussein, pictured in the left sidebar, was sentenced on Monday for the alleged "Crime" of wearing pants. The formal charge was 'dressing contrary to public sense'. She was ordered to pay a fine of roughly $200.00 usd.

Hussain refused, making clear that she did not view this trial as a personal issue, but rather a national issue of Women's rights. Hussain, dressed in the same pants that she had been convicted for wearing, was then sentenced to one months imprisonment for her refusal to pay. However, shortly after her being taken to prison, the Sudanese Union of journalists paid her fine and Lubna Hussain was released after only one day of confinement.

Click HERE for a BBC news account of her release...

Since her release, Lubna Hussein held a press conference with the Ajrass Alhurria newspaper and stated that she is upset about the outcome of her trial and that the Sudanese Journalist Union freed her from prison against her will. She plans to appeal the judges decision on her case to a higher court with the ultimate goal of changing the law.

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