I had a unique perspective on the controversial tenure bill being considered by the Alabama Legislature.  I knew first hand the problems caused by the current disciplinary process for public school teachers and other personnel.  I also knew first hand the value of tenure for our public education employees.

            Generally tenure is a special status provided to public education employees after three years of working in a school system or at a particular institution.  It requires cause to terminate, transfer, suspend or otherwise discipline.  Also required is due process which involves notice, legal representation, a hearing and appeal rights.  Tenure protects established employees from the occasional personal and political whims of school leaders.

            I knew the current system because I had helped Dr. Paul Hubbert of the Alabama Education (AEA) and Governor Bob Riley put it in place.  Then I had litigated within its confines for some years.  When we put the policies in place, everything was supposed to be better - faster, less expensive and fairer – the process failed on all points.  I had promised myself that I would modify this tenure system since I had helped create it.  But there was a changing of the guards in the Alabama Senate and the leadership to effect a change fell to others.

            I had worked closely with AEA over the years on political and legal matters.  I had also worked closely with the Alabama Association of School Boards (AASB) on political and legal issues for years.  The two were at real logger heads on the tenure bill.

            I was not caught in the middle because I had my own perspective and position.  I had been very clear to both organizations that I thought changes were necessary in the disciplinary and transfer process.  I well understood the situation because I was the Senate sponsor of the bill that created the problem.  I thought I was helping improve the situation.  However, the process had gone way awry in unanticipated ways.  I felt a moral duty to correct it without diminishing tenure. 

As a result of my perspective position, neither side really trusted me or wanted me intimately involved with this issue.  Both wanted legislators that were clearly on their side.  They knew that I couldn’t be on anyone’s side because I had my own side.  Still, I felt that I was in the best position to be fair to all.

            AASB had completely excluded me from the process as they were drafting their legislation.  They came up with a bill that I knew would never pass the Alabama Legislature even with the Republican Super Majority.  Moreover, I personally thought that it went way too far.

            On the other hand, AEA thought that the only changes needed were to time lines to make the process faster. I knew more was needed.  The two organizations were worlds apart.  I had my own perspective and position.

            Senator Trip Pittman, Chair of the Committee that handles the education budget and sponsor of the tenure bill, asked me to help with the negotiations.  I had hoped that the leading parties, AEA and AASB, would ask me to help.  However, neither asked so I did not participate in negotiations.

            We all hoped that the parties would reach an agreement.  The parties did compromise on many issues.  However, there were some issues they could not agree on and they reached an impasse.  Now, the bill was before us senators on the Senate Floor. 

            The big question was whether Senator Pittman could get enough votes to cut off debate on the bill.  They needed 21 votes out of 22 Republican Senators because no Democrats would consider voting cloture.  (I had told Senator Pittman that I would not vote cloture on fellow senators I worked closely with).  To complicate matters, five Republicans seemed to side with AEA or, at the least, had “their own side.”

            In the end, the Republicans got together in the name of party unity.  They secured the 21 votes needed to cut off debate.  Then the question was whether the bill would pass because the Senate grapevine said that up to five Republicans would vote against the bill if AEA was not satisfied.  In the end, several of those voting for the cloture petition voted against passage of the bill.  But it was not five:  it was three.  The tenure bill passed by an 18 to 16 vote. 

            I voted against the cloture petition.  I also voted against the bill because I didn’t think it would work effectively and efficiently in resolving disciplinary and other issues.  Of course, we never get a perfect bill because perfect for some is automatically imperfect for others.

There were so many cross currents at work.  There were so many conflicting issues at work.  There were so many emotions and allegiances in play.  It was a political/legislative thicket through which each of us had to tread our way.  I treaded mine as did others.

            Now on to the Daily Diary.

            Saturday – I traveled to Faunsdale in Marengo County to talk with victims of recent tornadoes in Alabama.  I met with the family of Henry and Hattie Collins.  The tornado had destroyed homes all around their home but they were untouched.  Some of their neighbors were in the hospital.  I returned to Selma for a discussion about the tornado disaster and storms over lunch with Dr. James Mitchell, President of Wallace Community College Selma (WCCS).  I also talked with various leaders including Roger and Roberta Watts of Gadsden and worked into the night.

            Sunday – I did Radio Sunday School with Dr. Margaret Hardy, Radio Education with Perry County School Superintendent John Heard, and Sunday Review.  I participated in Sunday School and watched a basketball game as I shared conversation over Sunday Dinner with Dr. Mitchell.  I watched the President’s announcement concerning Osama bin Laden and participated in some late night phone conversation concerning this dramatic development.

            Monday - I worked on Sketches and participated in a Black Belt Community Foundation (BBCF) phone conference.  I talked with the following:  Sheryl Smedley of the Selma Chamber of Commerce; Erica Crenshaw of BBCF; Rita Lett of WCCS; Dr. Carol P. Zippert of Greene County; and Greene County School Board Members Morris Hardy, Bobbi Morgan, Leo Branch, Lester Brown, and Frank Smith.  I worked into the night.

            Tuesday – I went to my Selma office and worked on various matters including Sketches before traveling to Montgomery for a Senate Caucus Meeting and a Senate Session.  I talked with the following:  Senator Trip Pittman; Greene County School Superintendent Isaac Atkins; Senator Greg Reed; Melissa  Oliver of Alabama ARISE; Selma Businessman Jim Hodo; Dr. Paul Hubbert, Susan Kennedy, and David Stout of AEA; and Senator Linda Coleman.  I returned to Selma.

            Wednesday – I went to Montgomery for a Senate session and met with Conecuh County Commissioners Gerald Dean, Wendell Byrd, and Leonard Millender.  I talked with the following:  Dr. Walter Hill of Tuskegee University; Former Senator Lowell Barron; Former Senator Phil Poole; and Senator Priscilla Dunn.  The Senate adjourned in the afternoon for lack of a quorum so I returned to Selma and worked into the night.

            Thursday - I went by my Selma office to handle various matters before traveling to Montgomery for a Senate Session that lasted until midnight.  I also talked with the following:  Sharon Wheeler, Assistant to the Senate Minority Leader; Mary Pons of the Association of County Commissioners of Alabama; Sally Howell and Lissa Tucker of the Alabama Association of School Boards; Senator Phil Williams; Senator Bobby Singleton; Senate President Pro Tem Del Marsh; Lobbyist Jeff Miller; Senator Marc Keahey; Senator Quinton Ross; Senator Scott Beason; Senator Tammy Irons; Senator Linda Coleman; and Senator Rodger Smitherman.  I participated in a press conference and various meetings of Senate Democratic Caucus and attended an Alabama Legislative Black Caucus Meeting.  I voted on several issues relative to the tenure bill.  I left for Selma at midnight.

            Friday – I began writing Sketches and worked on various matters.  I talked with the following:  Lowndes County Commissioner Charlie King; Josephine Curtis of Selma; Melodie Ellis of the Alabama State Senate Staff; Joe Espy of Montgomery; Beulah Toney of Huntsville; Calvin Harkness of Pickens County; Former Selma City Councilwoman Jean Martin; Selma Mayor George Evans; Selma Businessman Mike Reynolds; Representative Darrio Melton; Representative David Colston; Selma Businessman Tim Wood; Fran Pearce of Arts Revive; Former Dallas County Probate Judge Johnny Jones; Frank Kummell of Lowndes County; George McMillan of Birmingham; Dr. C. T. Vivian of Atlanta whose wife died this week; Dr. Joe Reed of ADC (Alabama Democratic Conference); and Sherette Spicer of Selma.  I also attended a board meeting of the Black Belt Community Foundation.  I attended the Arts Revive Event in Selma where I participated in a check presentation. I worked into the night.

            EPILOGUE - It’s a delicate question of what to do when we know what is right but right is not the option on the table.  Do we go with half right or do we hold out for three quarter right or 100% right?  It is a very difficult dilemma which no one can negotiate for us but us.