COPS HAND D E L I V E R Y TO; HONORABLE K E N N E T H BROOME, Mayor - Town Of Ut i ca

110 White Oak Street - Ut ica , MS 39175 - (601) 885-8771

FROM: Vogel Denise Newsome - Communi ty/Civ i l Rights Act iv is t

DATE : Augus t 5, 2015

R E : R E Q U E S T TO WEW DOCXJMENTS - INTENT TO FILE COMPLAINT(S) WITH THE TOWN OF UTICA

Mayor Broome, PLEASE ACCEPT this document as my OFFICIAL R E Q U E S T for R E V I E W of documents as it relates to the following (however, l i s t is no t l imited to these alone and may be edited):

(1) CLOSING Of High Schools i n Utica, Mississippi - i.e. grounds reasons for closures for Utica High School and Hinds AHS, LEGISLATION (if any) R E L I E D upon to close schools. Please see a copy of the ATTACHED Complaint that I have submitted to the Claiborne County Public School District addressing concerns of the "SCHOOL-TO-PRISON PIPELINE" i t appears being carried out i n tha t County for RACIST/ILLEGAL & UNLAWFUL intent! The Claiborne County PubUc School Complaint has been POSTED

(2) CLOSING Of Sunflower (Grocery Store) - i.e. grounds for closure - - PLANS regarding OPENING of a Grocery Store i n Utica (if any) and WHEN!

(3) WATER ISSUES regarding the Utica (BOILING ALERT) - - Status as wel l as REMEDY to solve this issue and provide SAFE DRINKING Water for Citizens

(4) PLANS For Bringing BUSINESSES To Utica (if any) - i.e. IMPROVING the ECONOMY i n Utica

P L E A S E B E ADVISED that the Citizens of Utica have a L E G A L and LAWFUL right to PUBUCLY PROTEST as wel l as exercise their RIGHTS to have PUBLIC OFFICIALS and their Staff EVICTED/REMOVED from Office!

online at and

PLEASE ADVISE of CONFLICTS-OF- INTERESTS regarding the Law Firm of Baker Donelson Bearman Caldwell & Berkowitz (if any).

P L E A S E PROVIDE me with a DATE and TIME for wh i ch these documents and/or information wiU be made available for review.

RECEIVED BY:

TITLE; _ | j W L i « ^

Vogel Denise Newsome Community Activist/ Civi l Rights Activist P.O. Box 31265 Jackson, MS 39286 (601) 885-8145 or (513) 680-2922

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FACSIMILE

This document is in follow-up to my visit on yesterday, July 30, 2015, to the

Claiborne County Public School District Office in Port Gibson, Mississippi wherein I

met with Ms. Mary McCay. As she requested, I am submitting my requests and concerns in WRITING regarding the Claiborne County Schools.

On Wednesday, July 29, 2015, I attended the Claiborne County School District ’s

ANNUAL BUDGET HEARING that was held at Port Gibson Middle School.

TO: Dr. Earl Watkins – Conservator For Claiborne County Public

School District (601) 437-3036

FROM: Vogel Denise Newsome – Community/Civil Rights Activist

DATE: July 31, 2015

RE: COMPLAINT AGAINST CONDITION OF CLAIBORNE COUNTY

PUBLIC SCHOOLS – CONCERNS OF UNLAWFUL/ILLEGAL ATTACKS ON AFRICAN-AMERICAN CHILDREN UNDER

“SCHOOL-TO-PRISON PIPELINE” PRACTICES

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SCHOOL-TO-PRISON PIPELINE: https://en.wikipedia.org/wiki/School-to-prison_pipeline (As of 07/30/15 - Graphics added for EMPHASIS)

The term "school-to-prison pipeline" is a phrase that is used by scholars

and education reform activists and organizations . . . the Justice Policy

Center . . . to describe what they view as a widespread pattern in the United States of pushing students, especially those who are already at a

disadvantage, out of school and into the American criminal justice system. They argue that this "pipeline" is the result of public institutions

being neglectful or derelict in properly addressing students as individuals who might need extra educational or social assistance, or

being unable to do so because of staffing shortages or statutory mandates.

The resulting miseducation and mass incarceration are said to create a vicious circle for individuals and communities.

Advocates claim that the school-to-prison pipeline operates at all levels

of US government (federal, state, county, city and school district) both directly as a result of zero tolerance policies, and indirectly due to

exclusion from the school system.

ZERO-TOLERANCE POLICIES

Zero-tolerance disciplinary policies are often the first step in a child’s

journey through the pipeline. Such policies impose severe discipline on

students. The American Bar Association has been critical of these policies, calling them a "one-size-fits-all solution" that "has redefined students as

criminals."

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In 2011, a study by the National Education Policy Center found that zero-

tolerance policies across the nation were increasing suspension rates,

with students being accused of offenses such as attendance violations, dress code violations, cell phone use, and other minor offenses. They

found that zero-tolerance policies put children, particularly black . . . children, on a path of truancy and likely incarceration. Black students

are 3.5 times more likely to be suspended than White students and are held responsible for 70% of arrests while attending school. Simultaneously

Latino students are 1.5 times more likely to be suspended than their

White classmates.

HIGH-STAKES TESTING

More and more schools are being sanctioned for poor performance

under the No Child Left Behind Act; as a result, teachers in these schools must bend to the standardized tests that are used for evaluations.

Opponents of these tests argue that they undermine teachers and students, that they take up too much time, and that they promote rote

memorization rather than critical thinking.

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Minority students are disproportionately subject to exit examinations that

determine whether they can graduate from high school. These same students are likely to be in schools that have less funding and larger

class sizes. Furthermore, their schools are often suffering—due to being punished for low test scores.

SYSTEMIC PROBLEMS

Critiques of the school-to-prison pipeline attempt to show how it falls into larger systems of domination such as racism . . . An unfair

distribution of educational resources make students less likely to learn,

less likely to find good jobs, and more likely to end up in prison. The more people in disadvantaged communities that go to prison, the more

alienated and economically disadvantaged these communities become.

The pipeline can also be critiqued in terms of neoliberalism, the idea that market forces can organize every facet of society. Because prisons can be privatized and run for profit, and traditional public schools cannot,

the market favors sending people to prisons rather than schools—. . . (As prisoners, people can be compelled to perform labor anyway.) In

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keeping with this system, school budgets have shrunk while prison

budgets have expanded massively, while even within schools more funding goes to police and less to teachers and children. The feedback loop

between standardized testing and school funding is seen by some as another facet of neoliberalism, creating competition between students and

teachers who need good test scores to keep their jobs.

LITIGATION

In January 2010, the NYCLU, ACLU and the law firm Dorsey & Whitney

LLP filed a federal class action lawsuit challenging the New York City Police Department’s practice of wrongfully arresting and using excessive

force against children in New York City schools.

In August 2012, the U.S. Department of Justice released a letter of findings determining that the Lauderdale County Youth Court, the

Meridian Police Department (MPD), and the Mississippi Division of Youth Services (DYS) are violating the constitutional rights of juveniles in

Meridian, Mississippi. The department’s investigation showed that the

agencies have helped to operate a school-to-prison pipeline whereby children arrested in local schools become entangled in a cycle of

incarceration without substantive and procedural protections required by the U.S. Constitution.

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KU KLUX KLAN ACT OF 1871

(As of 07/31/15: http://education.harpweek.com/KKKHearings/AppendixB.htm )

Dr. Earl Watkins, as you know, during the July 29, 2015 ANNUAL BUDGET

HEARING, I shared my concerns regarding the Law Firm Baker Donelson Bearman

Caldwell & Berkowitz and the ROLE it appears is playing in efforts of closing Port Gibson High School and CONSOLIDATING with ANOTHER School in Fayette,

Mississippi.

While Ms. Bonnie Granger (State Accountant ?) came to me after the meeting and advised that she thought it was BUTLER SNOW - - the FACT IS, being AWARE, of

the UNLAWFUL/ILLEGAL and RACIST Acts be it Butler Snow and/or Baker Donelson to “HIDE-BEHIND-HOODS/THE SCENE” and keep HIDDEN from PUBLIC VIEW the

MAJOR Roles played in the UNDERMINING of the SYSTEM – i.e. DRAFTING/CREATION of LEGISLATION that is RACIST and ADVERSELY impact

and TARGET AFRICAN-Americans/Blacks for purposes of SETTING them up to be ENSLAVED through the CRIMINAL SYSTEM/PRISONS through the SCHOOL-TO-

PRISON Pipeline that appears to be the HANDIWORK of the KU KLUX KLAN!

With that being said, PLEASE ADVISE of the RELATIONSHIP (if any) that the Claiborne County Public School District as well as you have with Baker Donelson

Bearman Caldwell & Berkowitz!

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Dr. Earl Watkins, here is some of the information that I pulled from the July 29, 2015 ANNUAL BUDGET HEARING and your KNOWLEDGE of the following; however, NOT limited to

this listing:

1) ASBESTOS issue(s) at Port Gibson Middle School – which is NOT only a HEALTH threat but can also be LIFE THREATENING!

Nevertheless, Ms. Mary McCay during my meeting with her on yesterday

(07/30, 15) advised that the Gym WILL NOT be used. However, if that is true (which I do NOT believe it is), the ABESTOS HAZARD is NOT confined ONLY to the

Gym! Nevertheless, it appears that the Claiborne County Public School District INSIST on educating students as well as subjecting teachers, workers and patrons

to PERSONAL INJURIES and/or HARMS!

2) ZERO monies have been ALLOCATED for Construction and/or repairs the Public Schools in Claiborne County. This is UNACCEPTABLE; moreover, with the

ASBESTOS issues, the building is NOT SUSTAINABLE for educating and housing students, teachers as well as other workers and patrons!

Therefore, PLEASE BE ADVISED, of my OBJECTIONS to the Teachers,

Children, Parents, Workers as well as other Patrons of the Public being EXPOSED to the ASBESTOS issue(s) at Port Gibson Middle School as well as my

OBJECTIONS of the Port Gibson Middle School being USED for the 2015-2016 School Term with the School Board’s KNOWLEDGE of the HAZARDOUS,

DANGEROUS and LIFE THREATENING conditions of the Middle School! Nevertheless, it appears that the Claiborne County Public School District INSIST on

educating students as well as subjecting teachers, workers and patrons to

PERSONAL INJURIES and/or HARMS!

3) KNOWLEDGE of SNAKES – i.e. such as RATTLESNAKES - issue(s) at Port Gibson Middle School. More DANGEROUS and HAZARDOUS conditions! Nevertheless, it

appears that the Claiborne County Public School District INSIST on educating students as well as subjecting teachers, workers and patrons to PERSONAL

INJURIES and/or HARMS!

4) KNOWLEDGE of DEMISED Infrastructure of the School! Moreover, the POOR and DILAPIDATED conditions of the building – BOARDED Windows/Missing Glass/Cooling System Defects/Poor Flooring/Busted Paneling, etc. Nevertheless, it

appears that the Claiborne County Public School District INSIST on educating students as well as subjecting teachers, workers and patrons to PERSONAL

INJURIES and/or HARMS!

5) KNOWLEDGE of ADDITIONAL Conditions as well as LEGAL issues deeming Port Gibson Middle School as UNINHABITABLE! Nevertheless, it appears that the

Claiborne County Public School District INSIST on educating students as well as subjecting teachers, workers and patrons to PERSONAL INJURIES and/or HARMS!

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6) KNOWLEDGE of the SCHOOL-TO- PRISON Pipeline being UNLAWFULLY/ILLEGALLY implemented for purposes of ENSLAVING and

TARGETING African-American/Black Children for INCARCERATION purposes – i.e. CREATING and/or IMPLEMENTING unhealthy/unsafe and deplorable

conditions that ADVERSELY impact the LEARNING/MENTAL/PSYCHOLOGICAL abilities of students as well as TEACHING abilities of teachers. Moreover,

ALLOWING the CREATION of UNHEALTHY/UNSAFE/HARMFUL conditions and then using LEGISLATION it appears CREATED/DRAFTED and IMPLEMENTED by

the Law Firm of Baker Donelson Bearman Caldwell & Berkowitz and its COHORTS under a DESPOTISM-Styled Government Regime which is PROHIBITED by

statutes/laws governing

PORT GIBSON HIGH SCHOOL:

My concerns as it relates to Port Gibson High School are as follows; however, are

NOT limited to this list in that I have NOT done a WALK-THROUGH of the entire school yet:

a) INADEQUATE Library facility/space – i.e. for this to be the ONLY High School

in Claiborne County it LACKS the PROPER space, computer equipment, library materials, etc.

b) INADEQUATE space/furniture in classrooms – i.e. for this to be the ONLY High School in Claiborne County it LACKS the state-of-the-art equipment and

furnishings required for a productive learning environment as that found in HIGHLY White POPULATED Schools in Mississippi – i.e. LACK OF A CONDUCIVE

environment CREATING and/or IMPLEMENTING unhealthy/unsafe and deplorable conditions that ADVERSELY impact the LEARNING/MENTAL/PSYCHOLOGICAL

abilities of students as well as TEACHING abilities of teachers. Thus, ALLOWING the CREATION of DEPLORABLE conditions and then using LEGISLATION it appears

CREATED/DRAFTED and IMPLEMENTED by the Law Firm of Baker Donelson Bearman Caldwell & Berkowitz and its COHORTS under a DESPOTISM-Styled Government

Regime which is PROHIBITED by statutes/laws governing for purposes of

IMPLEMENTING the School-To-Prison Pipeline!

PLEASE BE ADVISED, it was brought to my attention that there was an

original plan of building a PORT GIBSON HIGH SCHOOL FACILITY approximately $46,000,000 in value with swimming pool(s), etc.; however, instead, the present Port Gibson High School is what was built at an

EXTREMELY LOW price. NOT only that, does NOT appear to be maintained in COMPLIANCE under the MANDATORY Code(s)! - - -Therefore, I am REQUESTING

ACCESS TO VIEW ORIGINAL PLANS of the MULTI-Million Dollar Facility that was originally on the table!

PLEASE ADVISE whether the MULT-Million project was

REJECTED because of the PLANS to turn Port Gibson High School INTO a PRISON?

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c) LACK OF STUDENT ACTIVITIES – i.e. Organizations, Social Events,

Recreational Activities, etc.

d) Advised that there will be NO GAMES (Home) for Football! Such a decision which CLEARLY UNDERMINES Funding as Revenue for the City of Port Gibson

but appears to be a part of the Baker Donelson Bearman Caldwell & Berkowitz PLAN as Legal Counsel for the Governor of the State of Mississippi Phil Bryant –

i.e. the firm it appears BEHIND the scenes ACTUALLY DRAFTING Legislation as it relates to Education, etc. and is CRAFTLY DRAFTED for purposes of

ADVERSELY IMPACTING School Districts with a HIGH African-American/Black population! Not only that CRAFTLY using the MARKETING System for purposes

UNDERMINING and INFLUENCING ENROLLMENT for purposes of MASKING Racists/Ku Klux Klan Acts for purposes of CAUSING REDUCTION in Enrollment

(i.e. EXPERIMENTING and CREATING situations for purposes of ADVERSELY IMPACTING attendance) and then having FUNDINGS/MONIES WITHHELD

bringing about the DILAPIDATED conditions, BUILDING DECAY, DEMISE of Infrastructure, etc.

e) Advised the following is needed in PREPARATION for the FIRST Football HOME Game on AUGUST 21, 2015; however, is NOT limited to this list:

(1) Top Dress (2) Fertilizer (3) Water

(4) Filling Holes (5) Sprinkler System – i.e. which has been BROKEN for

approximately TWO (2) YEARS!

This list appears to be a fairly SIMPLY request. Therefore, PLEASE ADVISE, WHY these repairs WERE NOT MADE during the Summer Break?

Furthermore, WHY these repairs CANNOT be made PRIOR to the August 21, 2015 Opening Game? What is the CONDITION of the REMAINING Facility(s)

– i.e. Concession Stand, Restrooms, Stadium, etc.?

CAN THESE REPAIRS BE COMPLETED BY AUGUST

14, 2015? If not, WHY?

f) Advised the following is NEEDED IMMEDIATELY in the TRAINING of the Players

on the Football Team in PREPARATION for their games; however, is NOT limited to this list:

(1) NEW Uniforms

(2) Knee Pads (3) Thigh Pads

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(4) Gurdles (5) Chin Straps

(6) Mouth Pieces (7) Back Attachments & Shoulder Pads

(8) NEW WEIGHT ROOM EQUIPMENT – which can be obtained (i) Double Half Racks

(ii) Padding For Floor In Weight Room

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This is the ONLY Public High School in Claiborne County.

WHY does it NOT have a STATE-OF-THE-ART Weight

Room/Fitness Room?

From my understanding, it takes NO TIME to order and have the equipment needed delivered. Can the REQUESTED Weight/Fitness Equipment be ORDERED and DELIVERED before or by AUGUST 10, 2015?

Dr. Watkins, i n closing, 1 am also concerned that you and/or the Claiborne County Public School District, your Legal Counsel and cohorts are PREYING on the LACK of knowledge many Claiborne County Citizens may lack as i t relates to PROTECTED rights that appear are being VIOLATED i n the IMPLEMENTATION of the "SCHOOL-TO-PRISON PIPELINE" acts for purposes of TARGETING and INCARCERATING African-Americans for FREE SLAVE LABOR!

Wi th that being said, I DIRECT your attent ion to the United States Department of Justice's August, 2012 Investigation:

JUSTICE XE\VS

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE Fnclijv'. August iO. 20 12

Justice Department Releases Ii ivestigati\ Findings Showing Const i tut ional Rights of Chi ldren in Mississippi Being Vio lated

A f r e i - C o m p r e h e n s i v e e s t i g n t i o u . L i n i c l e i dn l e C o i i n t y Y o u t h C o i i r t . M e r i d i a n Po l i c e D e p a r f m e n r

a u d : \ l i s s i s s ipp i D i \ i s i o n o f Y o u t h Ser\ices i n M e r i d i a n . M i s s i s s i p p i . F o u n d to H a v e \d

C o n s t i t u t i o n a l D u e Process R i g h t s o f C h i l d r e n

A copy of which is attached hereto.

PLEASE BE ADVISED, that I reserve the right to amend th is Complaint as wel l as concerns shared. Should you have any questions or concerns, please do NOT hesitate to contact me.

Sincerely,

Vogel Denise Newsome P.O. Box 31265 Jackson, MS 39286 (601) 885-8145

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Justice Department Releases Investigative Findings Showing Constitution... http://www.justice.gov/opa/pr/justice-department-releases-investigative-f...

J U S T I C E NEWS

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE Friday, August 10, 2012

Justice Department Releases Investigative Findings Showing Constitutional Rights of Children in Mississippi Being Violated

After Comprehensive Investigation, Lauderdale County Youth Court, Meridian Police Department and Mississippi Division of Youth Services in Meridian, Mississippi, Found to Have Violated

Constitutional Due Process Rights of Children

The Justice Department released a letter of findings today determining that the Lauderdale County Youth Court, the Meridian Police Department (MPD), and the Mississippi Division of Youth Services (DYS) are violating the constitutional rights of juveniles in Meridian, Miss. The department's investigation found reasonable cause to believe that these agencies have violated the constitutional due process rights of children in the city of Meridian and the county of Lauderdale under the Fourth, Fifth, and Fourteenth Amendments of the U.S. Constitution.

The department initiated a comprehensive investigation in December 2011 under Section 14141 of the Violent Crime Control and Law Enforcement Act of 1994, which prohibits a pattern or practice of deprivation of civil rights for juveniles in the administration of juvenile justice, and Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin by recipients of federal financial assistance. The Justice Department continues to investigate whether any of the agencies are violating children's rights under Title VI or the Equal Protection Clause of the Fourteenth Amendment.

The department's investigation showed that the agencies have helped to operate a school-to-prison pipeline whereby children arrested in local schools become entangled in a cycle of incarceration without substantive and procedural protections required by the U.S. Constitution. The department's findings show that children in Lauderdale County have been routinely and repeatedly incarcerated for allegedly committing school disciplinary infractions and are punished disproportionately, without constitutionally required procedural safeguards. Children have also been arrested at school for offenses as minor as defiance. Furthermore, children on probation are routinely arrested and incarcerated for allegedly violating their probation by committing minor school infractions, such as dress code violations, which result in suspensions. The department's investigation showed that students most affected by this system are African-American children and children with disabilities.

"The systematic disregard for children's basic constitutional rights by agencies with a duty to protect and serve these children betrays the public trust," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We hope to resolve the concerns outlined in our findings in a collaborative fashion, but we will not hesitate to take appropriate legal action if necessary."

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Justice Department Releases Investigative Findings Showing Constitution... http://www.justice.gov/opa/pr/justice-department-releases-investigative-f...

In its investigation, the Justice Department found a pattern or practice of unconstitutional conduct in several areas, including:

• Failure by MPD to adequately assess probable cause that an unlawful offense has been committed prior to arresting children at local schools;

• Failure by the Lauderdale County Youth Court to provide children with proper procedural due process, including by making untimely and inadequate probable cause determinations;

• Failure by the Lauderdale County Youth Court and the Mississippi DYS to provide children procedural due process rights in the probationary process, especially with regard to alleged probation violations; and

• Failure by all entities to ensure substantive due process for children on probation by incarcerating children for school disciplinary offenses without any procedural safeguards.

"The U.S. Attorney's Office is committed to seeing the rule of law applied to all citizens fairly and equally," said Gregory Davis, U.S. Attorney for the Southern District of Mississippi. "We hope to be able to resolve the civil rights violations found by the Justice Department in a way that benefits all the people of Meridian and Lauderdale County, including those children who are being treated unfairly by the juvenile justice system."

This investigation was conducted by the Civil Rights Division's Special Litigation Section, working in conjunction with the Educational Opportunities Section, which has a long-standing school desegregation case against the Meridian Public School District, and the U.S. Attorney's Office for the Southern District of Mississippi. For more information on the Justice Department's Civil Rights Division, please visit www.iustice.qov/crt.

Related Materials:

Letter of Findings

12-993 Civil Rights Division

Updated October 8, 2014

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