Head v. Blakeney Appendix Vol. II
Public Court Documents
September 9, 1970
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Brief Collection, LDF Court Filings. Head v. Blakeney Appendix Vol. II, 1970. fa835ae1-b79a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d6b3ba91-3d76-491c-839e-5005a6d0c514/head-v-blakeney-appendix-vol-ii. Accessed June 17, 2025.
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I n t h e
llnxtth Crwrt ni Appeals
F oe t h e F if t h C ir c u it
No. 30560
R osa A. H ead and C lara B e lle M c C rary, Individually and
on behalf of all others similarly situated,
Plaintiffs-Appellants,
—versus—-
R. D. Blakeney, Individually and as Superintendent of
Schools of the Gainesville, Georgia, City School Dis
trict, et al.,
Defendants-Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF GEORGIA.
A P P E N D I X
(Volume II— Pages 333A to 724A)
J a c k Greenberg
J am es M. N abrit , III
C onrad K. H arper
N orm an J . C h a c h k in
10 Columbus Circle
New York, N.Y. 10019
H oward M oore, J r .
P eter E. R in d sko pf
Citizens Trust Company
Bank Building
75 Piedmont Avenue, N.E.
Atlanta, Georgia 30303
Attorneys for Plaintiff s-
Appellants
I N D E X
PAGE
Copy of Docket Entries .................. .......................... 1A
Complaint ___________________ ____ _________ 4A
Summons ....... ....................... ..................................... 12A
Returns on Service of Writs ...............................13A-16A
Disqualification of Judge Sidney 0. Smith, Jr. and
Designation of Judge Albert J. Henderson, J r .... 17A
Order to Show Cause .......................................... ..... 19A
Transcript of Proceedings of June 11, 1969 ..........20A-74A
Order Dismissing Georgia State Board of Educa
tion and Jack P. Nix as Party Defendants, Dated
June 20, 1969 .......... .............................................. 75A
Motion to Dismiss Georgia State Board of Educa
tion and Nix as Party Defendants ............... . 78 A
Memorandum Brief ................. .................... ............. 80A
Plaintiffs’ Memorandum in Opposition to Motion to
Dismiss ................................................................ 82A
Memorandum of Law in Support of Motion to
Dismiss ....................................................... — ....... 89A
Plaintiffs’ Motion to Alter or Amend an Order ...... 83A
Memorandum in Support of Motion to Alter or
Amend an Order ............................—............. -....... 98A
11
PAGE
Plaintiffs’ List of Witnesses ................................... 106A
Answer of Defendants Blakeney and Gainesville
City Board of Education ..... ............... .... ............. 107A
Vols. 1 & 11 of Transcript of Proceedings of June 23
and June 24, 1969 .................................. ......... 109A-658A
Order Setting Hearing on Plaintiffs’ Motion to Alter
or Amend Order ................................... ............. . 659A
Written Argument on Behalf of the Defendants
Blakeney and Gainesville City Board of Education 661A
Brief for Plaintiffs After Hearing in Support of
Their Proposed Findings of Fact and Conclusions
of Law ....... 671A
Plaintiffs’ Response to Defendants Findings of Fact
and Conclusions of Law ................................ ....... 691A
Memorandum Submitted to Trial Judge on Behalf
of the Defendants Blakeney & Gainesville City
Board of Education ................................ .............. 695A
Order That Plaintiffs’ Counsel Respond by Brief
Within 15 Days .................................................... 704A
Order—Ruling Delayed Pending the Fifth Circuit’s
Decision in Harkless ........................................... . 705A
Findings of Fact, Conclusion of Law ..................... 706A
Judgment ............. 718A
Bill of Costs 719 A
Ill
PAGE
Deposition Costs Incurred in Preparation for Trial 720A
Plaintiffs’ Notice of Appeal ..................................... 721A
Cost Bond on Appeal ................ ............................... 722A
Clerk’s Certificate 724A
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TUESDAY, JUNE 24, VOLUME II
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
ROSA A. HEAD and CLARA BELLE
McCRARY, Individually and on
behalf of all others similarly
situated,
Plaintiffs
vs.
Civil Action No, 1277
R. D. BLAKENEYj Individually
and as Superintendent of Schools
of the Gainesville, Georgia, City
School District; GAINESVILLE CITY
BOARD OF EDUCATION: JACK P. NIX,
Individually and as Georgia State
Superintendent of Schools: and
GEORGIA STATE BOARD OF EDUCATION,
Defendants
OfA//
Transcript of proceedings had before the Honorable
ALBERT J, HENDERSON, JR., United States District Judge,
in Gainesville, Hall County, Georgia, on Monday, June
23 and Tuesday, June 24, 1 9 6 9 , in the above styled action
-0-
APPEARANCES OF COUNSEL:
FOR THE PLAINTIFFS: Howard Moore, Jr., Esquire
FOR THE DEFENDANTS: William B. Gunter, Esquire
Sam Oliver, Esquire
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334A ©
(Gainesville, Georgia; Tuesday, June 2*+, 1969
in open court.)
9:30 A. M . ,
_______ 22$__
-0-
THE COURT: Gentlemen, are you ready to go?
MR, MOORE: Yes, sir.
1
Call the Plaintiff, Miss Clara Belle McCrary.
THE COURT: All right.
THE CLERK: Miss McCrary, if you will take an oath,
please.
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
individually and as Superintendent of Schools, and other
shall be the truth, the whole truth and nothing but the
truth, so help you God.
MISS McCRARY: I do.
MISS CLARA BELLE McCRARY.
Called as a witness, after having first been duly sworn,
testified as follows:
DIRECT EXAMINATION
BY MR. MOORE:
Q Would you state your name, please?
A Clara Belle McCrary.
Q And where do you live, Miss McCrary?
A I am presently at 77*+ Athens Street. My home is
235 Holly Drive.
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Q Is that in the City of Gainesville?
A Yes, it is.
Q And, Miss McCrary, how long have you lived in the
City of Gainesville?
A All of my days.
Q And how long has that been, if I may ask, please?
A Sixty beautiful years.
Q Miss McCrary, are you connected with — strike that,
please.
Would you tell us what your educational background
is, please?
A Gainesville Public Schools here in Gainesville,
Georgia, Northwestern High School here in Gainesville, Georgia
Atlanta University, for which I completed my A.B. Degree,
in Atlanta, Georgia, Clark -- I ’m sorry. Strike that.
Clark University, from which I got my A. B. Degree, and
Atlanta University from which I got my Master 1s Degree. I
have done further study in reading at Howard University in
Washington, D. C., and Bald State College, in Muncie, Indiana.
Q I didn't quite get the last one.
A Bald State College in Muncie, Indiana.
Q And how much additional postgraduate work have you
done, Miss McCrary?
A The work at Bald State and the work at Howard,
special reading.
y H
336A. T\
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____ _________231
1 0 And how many hours was that?
2 A Six.
3 Q Six, a total of six, or six at each institution?
4 A A total of six.
5 Q Miss McCrary, when you first finished the public
6 schools, Northwestern here in Gainesville, did you begin
7 teaching at that time?
3 A At Northwestern School, yes.
9 ■Q And when was that, Miss McCrary?
10 A ' 2 7.
11 Q And how long did you teach at Northwestern?
12 A Four years.
13 Q And what kind of school was Northwestern?
14 A It was a combination elementary and high school
15 going through eleven grades.
16 Q And what grades or classes did you teach in Northwes
17 A First through third.
18 Q And was Northwestern a public or a private or a
19 church-related school?
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A At that time it was a church-related school.
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Q And could you tell us what denomination?
A Baptist.
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23 Q Do you know yourself what happened or what became
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to Northwestern University -- Northwestern High School, rathe]'
A Would you say that again?
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Q All right.
Northwestern, what happened to the Northwestern
School?
A Oh, in 19!+9, I believe it was, the Association
was no longer able to take care of the expenses of the school
and it was then taken over by the City of Gainesville and
became a part of the City School System,
Q Is it a part of the Fair Street School?
A It is.
Q Is the old Fair Street School building the old
Northwestern building?
A No. The old Northwestern building was on Myrtle
Street.
Q I see.
A It is no more. It has been torn down.
Q And you joined the public school system in 19^9>
is that correct?
A Right.
Q And you have been with the Gainesville Public School
System since 19^9 continuously on a yearly basis?
A That's right.
Q I didn't quite get your answer.
A Yes.
Q And during those years, some 21 years, Miss McCrary,
what grades did you teach?
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338 A 231
A
© 3 3 8 A ©
For a number of years I taught the third. For the
last, I think, four years I have taught the fourth.
Q Have you spent all of your time in the public
schools, except for the last four years, teaching the third
grade?
A Beg your pardon?
Q I say have you spent all of your years in the
public schools, except the last four years, teaching the
third grade?
A Yes.
Q You have taught the third grade for approximately
17 years, is that correct?
A
Q
Yes, that is about right.
Now, Miss McCrary, during this time, during the tim<
that you have been with the public schools, will you tell
His Honor how many days you have actually missed from class?
A One day for my own personal reason, to attend a
funeral.
Q Whose funeral was that?
A
Q
My uncle.
All right.
And how long ago was that?
A I would say about five years ago, ......
Q Now, are you connected with a library system here?
A Yes, I am, where I do part-time work.
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. _..... _2ii
Q And what is the name of that library system?
A At the time it is the McCrary Branch Library of
the Ghestatee Regional Library.
Q And is it connected with the Hall County Public
Library System?
A Yes. It is a branch of the Hall County Library.
D When was the branch started?
A I believe it was 1 9 1+7 .
Q Were you instrumental in starting the library?
A No, I wasn't. It was Mrs. Howard Purcell, who at
that time was the head librarian.
Q And you joined the library staff in 19^9?
A 'h7.
Q 191+7?
A Right.
q And you have been with it continuously since?
A Yes.
Q Do you work with the library on a daily basis?
A Yes, in the afternoons.
Q What are your hours at the library?
A Well, the library runs, opens at 2:00 o'clock and
is in operation from 2 :0 0 to 6 :0 0. I move over about h:00
or whatever time we finish from our classrooms there at Fair
Street.
Q You stay until 6:00?
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340 A.
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A Yes.
Q And the library is directly across the street from
the old Fair Street Building?
A Yes, it is.
Q To what age group or groups does the library cater?
A To all age groups.
Q By whom is it most intensely or most frequently
used?
A The children of the community.
Q And what age children?
A From "Headstart” up.
Q From "Headstart” up?
A Yes.
Q And is the library located directly in the heart
of the Negro or black community?
A It is not exactly in the heart. It is kind of on
the edge, I would say.
Q On the edge of the community?
A Yes.
Q But it is accessible to the community?
A Yes, it is.
Q Now, Miss McCrary, this branch of the public librar
has been named after you, is that correct?
A Yes, it has.
Q It is known as the McCrary Division?
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A McCrary Branch, we call it,
Q McCrary Branch?
A That's right,
Q Do you know how your name was chosen for this
library?
A For a while- it was just the Branch Library, and I
don't remember what year, it was decided that "Why shouldn't
we name the library", so Mrs. Purcell, who was then the chief
librarian, gave the children a chance to submit names for this
particular branch, and they were turned in to her. I knew
nothing about it until the judges, who are at the main library,
came over with the information that the judges had chosen the
name the children had given and that was my name.
At first it had the whole name up there, the "Clara
Belle McCrary Branch". That is how it happened.
Q The children selected your name as the one they
wanted for their library?
A Yes.
Q And how long ago was that, Miss McCrary?
A That I don't know. I would say about ten years ago.
I am not real sure about that.
Q Now, Miss McCrary, you are connected with the Cultura
and Educational Tour Institute, are you not?
A Yes, I am.
MR. MOORE; Would you mark this, please.
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BY MR. MOORE:
.-*42 A.
237
Q And would you tell us what the Cultural and
Educational Tour Institute is?
A he feel that the children of our, especially our
race, have not had the cultural advantages that they needed
to compete with the society of today, and we feel that this
is a way to enrich and enhance their educational backgrounds
by giving them special cultural training during the summer
and on Saturdays, so we operate in that manner.
THE CLERK: Plaintiffs' Exhibit for identification
No. 16 is a brochure entitled "Cultural and Educational
Tour Institute",
(Whereupon, the above document was marked for identification
only as Plaintiffs' Exhibit No. 16.)
-0-
BY MR. MOORE:
Q Miss McCrary, I show you Plaintiffs' Exhibit No. 16
and ask you to identify it for the purpose of the record.
A This is a brochure of the Cultural and Educational
Tour Institute, and in it it has some of the pictures of the
students tha’t we have been able to work with.
On Page 2 you will see some of the Gainesville
students who were also included.
Q Some of the Gainesville students?
A Yes. This is a state-wide, in fact, national type
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of organization, and it is attended by children whosoever will
and whose parents can help to bear the expense of it, because
there are no funds for this program. This is carried on by
individuals who wanted to contribute a little more to society.
q On the first page it has a picture. Do you see your
own likeness in that picture?
A Yes, 1 do.
Q All right.
And that is a tour that was conducted through the
northern states and into Canada to give the children additionc
cultural experiences?
A Right.
q And are these children of the Gainesville Public
School System?
A Some of them are. Some are from the Atlanta System,
some from Tennessee, —
MR. GUNTER: If it please the Court —
A (By the witness) — and Alabama.
MR. GUNTER: If it please the Court, I hate to
object. I know we want to save time. But Mr. Moore is
asking his own witness, the Plaintiff, leading questions
on practically every question. He is indicating the
answer that she should give.
MR. MOORE: I thought I would just hurry this part
along, Your Honor.
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THE COURT: All right, move along.
BY MR. MOORE:
Q And how long have you been involved in this program,
Miss McCrary?
A This is the eighth year, I believe.
Q And do you<>hold a position with that organization?
A Yes, inasmuch as I am the assistant director.
Q Of the program?
A Right.
Q Is this program conducted throughout the year and
during the summer?
A On Saturdays throughout the year and then summers.
Q Miss McCrary, are you familiar with the establishmer
of the Girl Scouts in Gainesville?
A Yes, I am. At least, I am familiar with the first
Negro troop.
Q Did you participate in establishing the first Negro
troop of Girl Scouts?
A Yes, I did, because I thought, too, that would be
additional culture for school children.
Q When was that, Miss McCrary?
A That must have been about 1 *+7, also. I remember
that the Scouts helped to decorate the library when it was
first opened, so that must have been early in ,!+7»
Q Does the Girl Scout troop also include what is know^
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as Brownies?
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A It does.
Q And what age children are the Brownies?
A I believe they are six through nine.
Q Could you tell us whether or not children who are
enrolled there at the Fair Street School, and particularly
in your class, participate in this Girl Scout troop as
Brownies?
A Well, for your information maybe I should say this
right now. We are not operating as Girl Scouts. We are
operating as Camp Fire Girls.
Q
A
As Camp Fire Girls?
Yes. There is some division, and I can't go througl
the details of that of why we changed, but this year we are
Camp Fire Girls.
Q Does it include the same age group children?
A Yes, and some of the same workers.
Q Is there any educational value for children derived
from their participation in the Camp Fire program and the
Girl Scout program?
A
Q
Well, it is nationally thought so.
Do you know whether or not there are any other
teachers at the Fair Street School who assist or aid you in
your Camp Fire Girls work?
A Yes, we do have some of the elementary teachers. I
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don't remember whose names.
Q And who are they?
A I was just saying right now I don't remember whose
names.
Mrs. Whelchel, who is president, is one of the
major factors in the adult section.
Miss Carr, I believe, Miss Copeland, Miss Williams,
and possibly one other. I think there are four in all,
Q About how many children do you have in the Girl
Scout or Camp Fire Girl program?
A You mean all black or in all?
Q All black, and then the total, both races.
A I believe there would be about 500 hundred in all,
and I would say about a fourth of those, at least, would be
Negroes.
THE CLERK; Plaintiffs' Exhibit for identification
No. 17 is a contract of employment dated March 7, 1968.
(Whereupon, the above document was marked for identification
only as Plaintiffs' Exhibit No, 17.)
-0-
BY MR. MOORE;
Q Miss McCrary, I show you Plaintiffs' Exhibit No. 17
and ask you to state whether or not you recognize that as
being your copy of your contract for employment during the
last year of school?
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A
C P . 3 4 7 A C P
- . _ .. _ . _ _ ... . 2k2.
Yes, this is it.
MR. MOORE: We move the admission of last year’s
contract.
THE COURT: Sir?
MR. MOORE: We move the admission of the contract.
THE COURT: . Any objection?
MR. GUNTER; No objection.
THE COURT: Let it go into evidence.
BY MR. MOORE:
Q Miss McCrary, would you state whether or not your
contract has been renewed for the school year '6 9-'7 0?
A I don’t have it, so I am supposing it has not been
renewed.
Q Do you know the reason why it has not been renewed?
A No, I don't.
Q Do you allege in your complaint that the reason that
it was not renewed is because of your race?
A That is the only real thing I can see. The other
things that have been said have no basis, they have no proof
of those things, so I would say that those are opinions, and
the real reason, the one reason I can really say is we are
dropping black students and we are going to drop black teacher
and I happen to be one of those black teachers.
Q Do you know of your own personal knowledge whether
there are any vacancies in the Fair Street School in the third
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243.
and fourth grades?
A May I say according to my principal, the knowledge
I have, there are some vacancies.
Q Are you ready, willing and able to accept a teachi:
position in the Fair Street School in the third or fourth
grades?
A Yes.
Q I didn't get your answer?
A Yes, I would be.
■Q Now, do you have a certification for teaching third
and fourth graders, teaching students?
A For elementary students.
Q Elementary?
A Yes.
Q What is your certification, Miss McCrary?
A t -5.
Q And is that a lifetime certificate?
A Yes, it is, as long as.you keep working.
Q Now, Miss McCrary, do you know Mr. David Mas'sey?
A Yes, I do.
Q Did you see him in the courtroom yesterday?
A Yes, I did.
Q Do you know the position that he holds with the
school system?
A Yes, I do.
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2Mt
Q Gan you tell the Court the number of times he has
been in your classroom v/ithin the last two years? -
A Well, I will go along with that one time he said
yesterday for this year, and possibly three during last year.
Q During 19 6 8?
A '67-'68, yes.
Q Pardon me. '67-'68.
class?
A Well, I'm supposing that he came in to see what
was going on.
THE COURT: You will have to speak a little louder,
please. I can't hear you,
THE WITNESS: I suppose he was in there to see what
was going on in the field of reading, since he is a
reading coordinator or reading specialist, whichever one,
BY MR. MOORE:
Q Do you know how much time he has spent in your class
how long he stayed there?
A I don't know exactly how long, but a relatively
short time. I think he mentioned yesterday twenty minutes.
I will go along with that. The other times I would say much
Do you remember the months that he came into your
class?
A I do not.
Q Do you know the reason that he came into your
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less.
Q Much less on the other times?
A Yes.
Q Now, when he came to your classroom in the school
year 19 68 -6 9 and spent about twenty minutes, what were you
doing at that time? ”
A I was teaching, I believe.
Q What subject were you teaching?
A One part of my reading.
Q One part of your reading?
A Yes.
Q And how many parts of your reading do you have?
A Three at the beginning of the school year. In fact.
three until about the third quarter.
Q Explain that to us, what you mean by ’’parts of
reading1’.
A In the beginning it is a custom of each teacher to
try to find out where the students are. Usually you will
find at least three divisions, possibly more, but it is almost
impossible to split your class up into individuals. So,
according to a test that we give, and this is one of the
reading tests that Mr. Massey approves, because he did give
that same one when he was giving us a workshop, I place my
students into three different classes: One I teach where they
can do best, the second where I think they can do best, and
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246
the third.
Q In other words, you differentiate according to the
ability?
A And the needs.
Q And the needs of the teachers — of the students,
rather?
A Yes.
Q You say during the first part of the school year
you sample, you test and feel out the children to find out
where they fall, is that correct?
A Yes.
MR. GUNTER: I object to the question as leading.
THE COURT: Sustained.
BY MR. MOORE:
Q Would you state whether or not you have any type
of device for determining the level at which your students
are?
A This particular thing, test that I have just
mentioned is one of those,
Q What type of test is that, Miss McCrary?
A Well, we call that -- I do not know the real name,
but we call it a test for finding out where readers are. I
don't know. It has been an approved test, but I cannot
remember what name.
Q All right.
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State whether or not you then divide your children
into three sections?
A Right, I do.
Q And would you state whether or not these sections
represent a differentiation of their abilities and needs?
A Yes. And then you finally find out that you need
more individual teaching and do it by individuals, also.
Q Nov;, do you do this all at once at the beginning of
the school year, or is it sort of a phase thing?
A What do you mean? For the different groups?
Q These various processes in formulating a teaching
plan or reading teaching plan and schedules?
A Well, you change -- I mean, I change as I see a
need to
Q
change.
V/ould you state whether or not that is a matter
left to your discretion, left to your judgment?
A Well, I think it should be left to the judgment of
the person who works with the students.
Q How many students did you have in your class last
year?
A At' the beginning I had 26,
Q And how many did you have at the end of the year?
A At the end of the year I had 22. Two of my student;
were sent into the EMR class, two who were county students
dropped out.
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Q Is EMR Educable Mentally Retarded?
A Yes.
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Q Now, do you teach any courses other than reading?
A I teach the whole curriculum for the fourth grade.
Q And what is that curriculum? What is the fourth
grade curriculum?
A If you want it individually, we call it reading,
arithmetic, or math, science, health, physical education.
Q Do you teach art? --------- ■— —
A Art is a part of the curriculum, yes,
Q Is a part.
Is art your responsibility or the responsibility
of the visiting teacher?
A It is my responsibility during the time that she
isn’t there.
Q And how many hours a week are reserved for the
teaching of art?
A Well, that varies, I think. Some weeks we get in
more art than others.
Q And is there any reason for that?
A Well, I think it varies according to the -- I think
it varies according to the need in my classroom.
Q How many hours or periods a week did you reserve
or actually give based on the need of your student for art?
A Beg your pardon?
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Q How much time did you allot based upon the needs of
your students for art teaching?
A Well, I would say twenty minutes per day.
Q Pardon me? Twenty minutes per day?
A Twenty minutes per day for the most part.
THE CLERK:” Plaintiffs' Exhibit for identification
No. 18 are phases of art.
(Whereupon, the above document was marked for identification
only as Plaintiffs1 Exhibit No. 1 8 .)
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BY MR. MOORE:
Q Miss McCrary, I show you Plaintiffs’ Exhibit No. 18 ,
and I will ask you would you look at this exhibit and tell
the Court what it is?
A Yes. These are art suggestions set down by the
art instructor, Miss De La Perriere. These were sent out
once a month — once per month, I believe, with suggestions
for each week.
Q Did you fpllow those instructions?
A Not entirely.
Q All right.
Was there any reason for that?
A Yes. Because some of my art was correlated with
other subjects.
THE COURT: I didn't hear your answer.
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THE WITNESS: Some of my art, along with most of my
classes, was correlated with other subjects, not just
per se.
BY MR. MOORE:
Q Would you explain what you mean by that, Miss McCra
A We find a need for art in other classes. Vie do
some art in arithmetic. In most of these subjects, in fact,
all of them, there is some part that you can do as art, and
my art, as such, did not always coincide with this. As it
would fit into my other classes it was correlated.
Q Can you give us an example of how you were able,
say, to correlate art with other subjects?
A Well, in the -- may I bring to mind this project
that was mentioned yesterday?
Q. Yes.
A I also have the project material. Would that be
necessary to show?
Q Yes, if you have the material handy.
A Now, when I say "correlate", this was not suggested
in this art --
q Before you -- let me have that identified so we
will know what you are referring to.
A Okay.
Q Is this it?
A And this one, also.
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MR. HOOKE: Would you mark these two, please?
THE CLERK: Plaintiffs' Exhibit for identification
No. 19, art drawings.
(Whereupon, the above exhibits were marked for identification
only as Plaintiffs1 Exhibit No. 19.)
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BY MR. MOORE:
Q Miss McCrary, we have identified this, numbered this
Plaintiff s'- Exhibit No. 19. Would you identify it and then
tell the Court how you correlated art with other courses and
used that exhibit as an example?
A The theme for Fair Street School this year was
"Communication, The Gateway to Understanding", and there was
time for a special project. Our class chose to correlate
transportation with the theme.
We came up with the different types of transportati:
and this is what I am referring.to as art. It is drawing.
It does not follow this pattern, but, in my estimation, it
is something that the class was doing that could be considered
art.
I might also need to say that this is the same
poster that was — article, piece of work, that Mr. Ellenburg
was so disgusted with, and this is the white ribbon he put
on not because it was this type of work but to keep my kids
from being disappointed. I don't think he could have done a
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worse disserve to them, because this really is not true.
This is the work that followed our exhibit.
Q Are those drawings by the children?
A Yes, they are.
Q All right.
A Along with”that we have others, and in this we were
trying to show the different types of transportation, and we
had to back it up the different readings that told what each
of these did, and, in my estimation, this is art correlated
with other subjects.
Q S o , if I can understand you better, if you were
teaching reading about transportation, you would ask the
students to do a drawing to illustrate the particular mode
of transportation, is that correct?
A If need be.
Q And would you do this same type of thing in other -
with respect to other subjects?
A Yes. I think correlations is one way of putting
your subjects together.
Q In your experience as a teacher, did this prove
to be an effective method?
A It has proven to be an effective method.
Q Could you tell us whether or not it was particularly
fitted to the needs of the children in your school?
A In my classroom?
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Q Yes.
A Yes, I would say so. -
Q Would you tell us why?
A The object of a teacher is to try to meet the needs
of her students, and there is no one way that you meet that
need. You try several ways. You may fail in most of those
ways, but at least you try them, and out of numerous ways you
come out usually with something that will help each of the
students.
I don't think we could say there is any one road
to education, and that includes reading.
Q Do you recall an incident during the school year
1968-69 with Miss De La Perriere?
A Well, I didn't recall it as an incident until this
came up. 1
Q Do you remember an occasion when she came to your
class and you were teaching, using the "decoding for reading"
machine?
A Yes, I do.
q Would you tell the Court what happened, if you
remember?
A When she came into my classroom I was using the one
record that we had on, and I don't know what number it was,
but there was only one set of records, and we made out a
schedule so that each teacher would know when their time was
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to get this record. At that particular time I was using this
’’decoding for reading?' record, and there was a number of minut
to use it and to pass it on to the next teacher.
When she came to my room I explained this to her.
She went out without telling me she was dissatisfied. I
didn't know that until later.
Q Did she have any discussion with you at all during
that time?
A Not' necessarily, only she seemed to have been a
little bit disappointed because we were doing something else.
But occasionally we were, because there was no announced
time for her to come in for art. She came in whenever it
fitted her convenience, and this particular time it was just
not convenient for us. She did come back in the afternoon,
however, and at that time I had no way of knowing that she
was displeased with the morning's happening.
Q Have you ever had any unpleasant words with Mrs,
De La Perriere?
A No words. That is why I didn’t know she was so
unhappy. _______ ’ _____
Q Have you ever had any words of disagreement with
Mr. Massey?
A No, I don't think so. I don't think we have
disagreed in words,
Q How would you describe your relationship with Mr.
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Massey?
A Well, in my place, I consider in my place that I am
— I was a teacher for the fourth grade students that were in
my class, that I was responsible for all of their growth,
and I felt that Mr. Massey, as a reading specialist, was sent
into the system to help in whatever way he could, and he offer
his services, and some of those services -- pardon me.
If you would like me to show you the two types of
things that he brought to me.
Q Yes, I would.
What are these?
A "Language experience in reading" which was supposed
to be and can be helpful in reading, and the "Skill builder"
which is a publication about i960, which is also useful.
Q This is from Reader's Digest?
A Yes, this is.
Q The "Language experiences in reading", that is a
publication of Encyclopedia Britannica Press, is that correct?
A Yes.
q And this is one of the —
A Aids that Mr. Massey brought in to my room.
Q And the Reader's Digest is another aid?
A Yes.
Q "Reading skill builder"?
A Yes.
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MR. MOORE: I don't believe that there is any point
in introducing them, Your Honor.
THE COURT: You can go ahead and do what you wish.
MR. MOORE: All right, if we may, I would like to
introduce these.
MR. GUNTER: No objection.
THE CLERK: Plaintiffs' Exhibit for identification
Number 20 is a publication from the Reader's Digest.
(Whereupon, the above exhibit was marked for identification
only as Plaintiffs' Exhibit No. 20.)
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THE CLERK: Plaintiffs' Exhibit for identification
No. 21 is a manual "Language experiences in reading".
(Whereupon, the above document was marked for identification
only as Plaintiffs' Exhibit No. 21.)
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BY MR. MOORE:
Q I ask you to state whether or not, Miss McCrary,
you used this Exhibit 20, Reader's Digest, in your work?
A Yes, we did.
Q And did you use "Language experiences in reading",
Plaintiffs' Exhibit 21, in your work?
A At times I found it helpful.
q And these were received from Mr. Massey?
A Right.
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Q All right.
Did you receive anything else from Mr. Massey?
A Those are the two pieces of material that he brought
in to my classroom.
I would also like to introduce some others that
were used along with what Mr. Massey brought, just to show --
Q All right, these books here?
A Yes, along with some mimeographed work.
And this, may I say, was done by a combination of
fourth grade classes, not just one class. It was mentioned --
MR. MOORE: Let me identify it before you tell us
what it is.
THE WITNESS: You may identify this list, also. I
didn't bring all of this. I just brought a list of
many of the things I had as aids in my classroom.
THE CLERK: Plaintiffs' Exhibit for identification
No. 22 is a book entitled "Fun with Language Arts".
MR. GUNTER: Would you repeat that? I could not
hear you.
MR. MOORE: "Fun with Language Arts."
THE CLERK: No. 22.
MR. GUNTER: No. 22?
THE CLERK: Yes, sir.
(Whereupon, the above exhibit was marked for identification
only as Plaintiffs' Exhibit No. 22.)
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THE CLERIC: Plaintiffs' Exhibit for identification
No. 23 is a book entitled ’’Uncle Ben” .
THE WITNESS: "New Reading Skilltext Series” would
be important, I think.
(Whereupon, the above, exhibit was marked for identification
only as Plaintiffs' Exhibit No. 23.)
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THE CLERIC: Plaintiffs' Exhibit No. 2b is "Stories
to Read, Pictures to Color, Games to Play”.
(Whereupon, the above exhibit was marked for identification
only as Plaintiffs' Exhibit No. 24.)
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THE CLERK: Plaintiffs' Exhibit for identification
No. 25 is a book entitled "Your Child Can Learn to Read.'1
(Whereupon, the above exhibit was marked for identification
only as Plaintiffs' Exhibit No. 25.)
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MR, MOORE: Make these all one exhibit.
THE CLERK: Plaintiffs' Exhibit for identification
No. 26, sample tests and fourth grade reading material.
(Whereupon, the above documents were marked for identification
only as Plaintiffs' Exhibit No. 26.)
BY MR. MOORE:
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Q Miss McCrary, I show you Plaintiffs' Exhibit No. 22
"Fun with Language Arts, Games and Devices", and ask you if
you recognize it as a book used by you?
A That's right. This is a book used in teaching
language arts, and language arts includes reading, writing,
spelling and language, and I have a correlation there.
Q And where did you get that book?
A This book is a product of The Instructor Handbook
Series from Dansville, New York.
Q Was it provided you by the Board of Education?
A No, it was not. This is one of the pieces of
material that I picked up at a convention.
Q At a convention you attended?
A Yes, NBA convention.
Q Would you state whether or not you found that
book helpful in your teaching?
A Yes, I did.
Q In what way?
A Well, it is what it says, fun with arts, and it
would take a long time to go into just how it helped, but,
in a general' way, that is a helpful aid.
Q I show you Plaintiffs' Exhibit No. 23, "New Reading
Skilltext Series" and ask you if you recognize it as a book
you use?
A Yes, I recognize this book, and I also recognize
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it is somewhat similar to the type of book that Mr. Massey
brought to me. It has some of the same advantages, and it is
an easier book, I would say, for the children to use,
Q Was it provided you by the Board of Education?
A No, it wasn't provided by the Board of Education.
The fourth grade people bought these, a few of the children
paid for them, and those who didn't we had a book for them.
Q You say "The fourth grade people". To whom are you
referring?
A The students in the fourth grade under the
supervision of all of the teachers who were on the fourth
grade level.
Q Were those the teachers at Fair Street?
A That is what I mean, at Fair Street. When I say
"school" I mean Fair Street School.
Q And would you state the reason for using that
particular book?
A This book was suggested by our Curriculum Director,
Mrs. Trawick, and we agreed to get it, and we did.
Q I show you Plaintiffs' Exhibit No. 24, "Help YourseL
Series, Stories to read, pictures to color, games to play,"
and ask you do you recognize that book?
A Yes. 'This is one I purchased to help my slower
students.
Q Why is a book like that helpful with slower students
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A I think they find more things of their own interest
and more things that they can really accomplish, and poor
readers need that type of encouragement.
Q Does that book -- does the use of that book develop
any other educational skills other than reading?
A Yes. You have a number of language art skills in
here. You have a lot of fun. You have games to play. You
have words to recognize. You have drawings or colorings
to do along with some of the skills that a person would need
in reading.
Q What other language art skills would the use of
that type of book, the combination of reading, coloring and
fun things, develop?
A Well, I would say it helps develop the whole child.
I don’t know just what you have in mind.
.Q All right.
Does it give him facility in speech or writing or
just what?
A I think any type of material like this would aid
a child in language arts, and that would include the fourth
grade.
.q Miss McCrary, do you know the reason why the slower
child needs this book rather than, say, a brighter child?
A As I said before, each child needs something on his
own level so that he can — where he can feel he has accompli:
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something. Maybe the child who could not read "Uncle Ben"
well enough to get any fun or either any benefit from it
could do a book like this, which is very simple.
Q Now I show you "Your Child Can Learn To Read, A
Simplified Way to Teach Your Child To Read by the Combined
Sight and Phonics Method", I will ask you whether or not
that book —
First, do you recognize that book?
A Yes, I do, as a part of my personal library that I
use in my classroom,
Q By that you mean that it was not supplied by the
Board of Education?
A That's right.
Q And for what purpose do you use a book like that?
A For skill-building that children will need in
reading, and especially the phonics.
Q Would you state for the record just what "phonics"
are?
A In my estimation "phonics" is really the sounding
out of words, the letters and words.
Q Would you state whether or not the aquiring of the
skill in phonics leads to the ability to recognize words with
greater ease?
A I think it is helpful. I don't think it is the
only aid.
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Q Did you use such an aid in your work?
A Yes, I did.
Q Did you use a book like that, Exhibit No. 25, with
the slower children or with the children you consider bright,
or just what level?
A Well, with all children this could be used.
Q Would be helpful?
A Yes.
Q Now I show you Plaintiffs' Exhibit No. 26 and ask
you if you recognize these sheets of paper, and tell us what
they are?
A These are from Charles E. Merrill. These are
lessons — the word I am trying to think of -- the type of
work you run off --
Q Mimeographed?
A These are mimeographed copies of selections from
the third and fourth grade levels, and we, as fourth grade
teachers, decided we needed some of both, and these were
purchased from our own monies and were run off in the workroom
at Fair Street School. The school furnished the paper. It
was this type of extra material that we gave our children
for help.
Q And what purpose — what was the purpose of using
that kind of material? What advantages occurred — enured,
rather, to the students?
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A Well, someone mentioned a dull, uninteresting
class, and I thought this was one way of having a little
interest, that this is not the type of thing you would have
to read from the basic text, and the children enjoyed this,
and it was a teaching aid. So we concluded that this would
be helpful.
Q Did you ever discuss any of these teaching aids
that you have just identified in your testimony with Mr.
Massey?
A No, I didn't, because Mr. Massey did not ask me
what I was doing.
Oh, yes, with this particular book he did.
q V/e haven't identified that one.
A It is one other book. Here are some posters I used
also in my classroom.
This is a list of other things that, if you visit
my room, you will find as aids.
MR. MOORE: Would you please mark these as Plaint if..
Exhibits.
THE CLERK: Plaintiffs' Exhibit for identification
No. 27 is a book entitled "Spelling for Word Mastery,
Edition No. 3"•
(Whereupon, the above exhibit was marked for identification
only as Plaintiffs' Exhibit No. 27.)
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THE CLERK: Plaintiffs' Exhibit No. 28 is a
handwritten document entitled "Supplementary Materials
including Phonics",
(Whereupon, the above exhibit was marked for identification
only as Plaintiffs' Exhibit No. 28.)
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THE CLERK: Plaintiffs' Exhibit for identification
No. 29 consists of five charts.
(Whereupon, the above exhibits were marked for identification
only as Plaintiffs' Exhibit No. 29.)
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THE CLERK: Plaintiffs' Exhibit for identification
No. 30 is a book entitled "Teaching Word Recognition
Skills in Georgia Schools",
(Whereupon, the above exhibit was marked for identification
only as Plaintiffs' Exhibit No. 30.)
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BY MR. MOORE:
Q I am going to show you Plaintiffs' Exhibit No. 27,
"Spelling for Word Mastery" and ask you do you recognize it?
A Yes, I do.
Q And what is it?
A This book is entitled "Spelling", but included in
this book, and I brought this one because this is one of the
ones that I was using when Mr. Massey came into my room, it
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seemed to have been a new thing to him, he was not familiar
with this book, and I explained to him why I had this oook
and what I was trying to do.
This book contains short stories, along with
spelling, that would interest the slow reader group.
At the time he came into my room on this day I was
using the book that does contain short stories for children.
I think that short stories are better for the non-readers
because they can accomplish this better.
For instance, here is one with about five lines,
and recognizing the words that are on the side and reading t
story, I find it a help to my slower students, and this is
why I chose this particular one for them. I have brought it
because this is one of the ones Mr. Massey has seen used in
my classroom.
q From whom did you get that book?
A This book was at one time a part of the curriculum
for our school. Since that time the basic speller has changer
but I don't think it is as good as this one.
Q Okay. All right.
I show you Plaintiffs' Exhibit No. 28. Would you
tell us what that is, please?
A Yes. I could not bring all of the material that
I use in my different classes along, so I made a list of some
of the things I thought were most important and most used and
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some of the things you see here. This is just a list of some
of it.
Q In addition to the speller that has been identified
as Plaintiffs' Exhibit No. 27, did you use the speller that is
currently provided by the Board of Education?
A Yes, I did.°
Q Would you state whether or not you used this
speller to supplement or to substitute for the speller that
is required at this time?
A' No. That speller was a reading supplement.
Q I show you Plaintiffs' Exhibit No. 29 and ask you
if you would identify these posters or schematic charts.
A These are what are entitled "Everyday Language SkilL
For Third Graders". They could be third or they could be
fourth or they could be lower, because, finding children with
all levels of reading in your classes, all of them could
use this type of aid.
These are some of the things that I had on my wall
constantly so that children would have something to do when
I was doing something else... that would interest them and that
could be a learning situation.
q What is the advantage of putting charts such as
this on the wall and having them there constantly?
A Well, we hope that by constantly seeing them, and
they do help, that children help themselves learn.
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Q Is this sort of like teaching"Headstart,! students
by marking "refrigerator" on the refrigerator at home and
"stove" on the stove?
A No, this is not quite that simple. I don't have
any "Headstart" material as such. Mine would run from first
through fifth or sixth. I only brought this to pertain from
fourth grade down.
Q Now I am going to show you Plaintiffs' Exhibit No.
30, "Teaching Word Recognition Skills in Georgia Schools"
and ask you if you recognize that book?
A Yes, I recognize this book.
Q And from where did you get it?
A This special one came from Fair Street, but I had
one of my own that I could not find that I used in a reading
course at Atlanta University, and since that time, within the
last six years, I would say, we had an in-service course at
Fair Street where we reviewed "Teaching Word Recognition
Skills in Georgia Schools", and I have compared this book
along with the one Mr. Massey brought, anc, if he is familiar
with this one, I think he would agree that some of the same
things are here.
Q Some of the same material?
____A— — Ye st ------ -------- --_
Q Now, there was mention by Mr. Massey yesterday
that perhaps your class was not properly organized, at least
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on the day that he was there. Would you tell the Court how
you had your class organized on that day?
A It would be hard to say just how it was organized
on that day.
I do remember, as I said, I was bade at my reading
table with this particular book, and the other -- my classrooa
seats are -- for instance, my desk is -- we will say this is
the desk, and I have a row of seats out front, and I have a
row on either side, with my reading table in the back.
At the time he came in I was at the reading table.
The children had finished whatever I had assigned them to do,
and they were kind of on their own. I do not think that they
were noisy enough to disturb Mr. Massey, because they didn't
disturb me and what I was doing. He possibly thought it was
a disorganized class, because maybe he is not accustomed to
elementary class children and he just doesn't know how they
operate in a classroom.
Q Did you have a design or a table of organization
by which to time the free time of your children?
A No. I was at the table, and in that section is
also my library section, but we were back there, so they
were up front near the board.
Now, just how many of them were up at a time when
he was there I wouldn't say, because I am not sure, but I
do know it was not enough to disturb what we were doing, and
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I don't think in a normal classroom you would call that so
disorganized.
Q Is that the customary way in which your class
is operated, or was that just typical for that particular day“i
A No, that was the usual run, because we did not
expect a guest that day.
Q Pardon?
A That was the usual way, the situation that he found
in there. It was not just something that happened because he
was coming. It was just one of the normal courses for that,
day.
Q Miss McCrary, did Mr. Massey ever speak to you about
the way your class was organized?
A He did not.
Q Do you class plans, which have been identified as
Plaintiffs' Exhibit 15, do they indicate the way in which
your class is to be organized?
A My reading classes, you mean?
Q Yes.
A Yes, this is a skelton. I did not write down
everything I do for my class in the' reading situation. This
is a token, I would say, of the things that went on in my
classroom.
q Did Mr. Massey at any time specifically disapprove
of any plan of organization or class plan that you had provide*
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A Not to me.
As you. can. see, there are different comments on thes
but just so far as actual disagreement, we had no discussion.
Q Are there any favorable comments by Mr. Massey on
those reading plans?
A There are some,
Q And would you state whether or not Mr. Massey has
ever specifically disapproved of any plan presented by you
for the conduct of your classes?
A I don't remember any verbal disagreement,
"q Would you state whether or not you endeavored to
motivate your students?
A Well, if I know what motivation is, they should
have been motivated.
Q Pardon?
A If I know what motivation is, I am showing you much
material that would be used as motivating material.
Q Would you state whether or not you endeavored to
make the presentation of your class interested and exciting
as opposed to being dull?
A Would you repeat that, please?
Q I said, Would you state whether or not you endeavor*
to make your class interesting and exciting as opposed to
being dull?
A Let me say it like this. At all times a. tried to
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have what I would call a learning situation. Now, you are
just not going to enjoy everything in education. There are
going to be some painful parts of it. You can't play all the
way through it, I don't think. So there may have been some
things that were not interesting but sorae things that they
actually needed as basic materials. I wouldn't say it was
always interesting, but I would say it was a process of
trying to teach children what they need to know, some of what
they need to know.
Q What kind of things did your children find that
were not particularly interesting to them?
A Well, that I don't know, because they never
mentioned any special things that they thought. Of course,
there were some things -- sometimes they would rather be
drawing than doing other things, than doing the thing I though
was most needful, but, of course, they didn't exactly express
their resentment to me.
Q Have you had any comments or criticism of your
teaching by any of the parents in your school?
A Only helpful ones.
Q Pardon me.
A .Only helpful ones.
Q Haye you received any criticism from any members
of the Board of Education?
A Well, I guess at this point I would say only critics
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ones.
Q At this point? You mean since you have filed a
lawsuit?
A Well, I would say before that, because it seems
that before March the 4th it had been discussed.
Q Pardon.
A It seems that before March, whatever time we hand
out — not applications —
Q Contracts?
A -- contracts, it seems that before the time that
contracts were handed out I had been discussed, but it did
not reach me.
THE COURT: I can't hear the witness.
MR. MOORE: The witness said --
THE WITNESS: You didn't hear what I said? I said
undoubtedly I had been discussed critically by the --
did you say the Board of Education?
MR. MOORE: Yes, the Board of Education,
THE WITNESS: That is what I am trying to say.
Up until this time I had no knowledge of their critical
discussion of me,
BY MR. MOORE:
q was there any discussion between you and the Board
prior to the time that you were notified that your contract
would be held in abeyance?
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A No, I did not discuss it with the Board.
Q Was there any discussion about your performance in
the classroom prior to March 4th with the Superintendent of
Schools?
A There was no discussion in my presence.
Q Was there any discussion about your performance in
the classroom prior to March 4th with any of the administratis
staff of the Board of Education?
A No, there was none.^
Q Now, on March 4, 19&9, there was a conference held
between you — held with you and Mr. Blakeney, the Superintenc
Mrs. Evans and Mrs. Irawick, is that correct?
A That was Mrs. Harris.
Q Mrs. Harris?
A And not Mrs. Trawick -- wait a minute, now, what
date did you say?
Q March 4 , 1 9 & 9 •
A I don't remember these dates.
Q Is that a memorandum you have that you made yoursel:
A No. These are the letters that you have a copy of
already. •
Q All right. And that is what I am trying say. It
would be before -- yes. It says on here March 4th, so that
was the time. This is a copy of the letters you have.
Q Now, was that conference at the Fair Street School?
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A Yes, it was.
Q And was it called by you or called by the Superint<e r
of Schools?
A By the Superintendent.
Q And what time of day was the conference held?
A I would say about 2:30 in the afternoon.
Q And what was the purpose of the conference?
A When I arrived there I learned it was a conference
to explain that Negro studentS-3^r^Hje4rnfr-4rxuiiied, there _̂wqnl(
not be need f ortt^s-a-H^~numb-ei1--of-~1rea-chers, that my contract
was being withheld unt il J.t _could.-.he-seen.*whather„Qr..not I
would be needed.
Q Was there any mention that you were an ineffective
or incompetent teacher at that conference?
A Well, now, there were a number of things mentioned
I thought were not too important and that was one of the
ones. J
He mentioned the fact that "in selecting teachers
we want to get those that are most effective", so I presumed
then that the contracts were gojjag-jsiil̂ to the ones_thj3L_M£!Le
«sSL i . .... ..........................."""■
considered most effecgtlyg*--—
Q In that conference did the Superintendent of School
identify you as a person considered not to be effective?
A He didn't just say it. He implied J Hiat,.—
And I asked him then who would be supposed to judge
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__________________________________________ ____________ 2Z6_____
how effective I could be with the students in my classroom.
Q What did he say?
A Well, to that he answered, as I remember, that
really no one could really pinpoint this type of thing.
Q Pardon me.
A To my recollection he answered in a way that would
tell me that he thought that no one could really pinpoint
just what that would constitute.
Q Did he say anything else?
A Well, I would think that that would be the main
trend of this conversation.
Q Did you make any reply to that?
A I have just replied to you what I replied to him.
q And is that your complete recollection of this
conversation?
A To the things that are pertinent to this situation,
I would think, yes.
Q There may be some other things that were pertinent2
A Well, I think for the things that I think would
bear on this would be the things that I have mentioned.
Q Now, you made a memorandum of what this conference
was about, is that right?
A Yes, I did,
Q And are you positive it was on March b-th, 1 9 6 9?
A That the memorandum was made?
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That the conference was held.
A Yes. It is_here on this, in the letter you have
Q Now, on March 6, 1969? you received a letter from
the Superintendent of Schools, is that correct?
A Yes.
Q And is this the letter you received, Plaintiffs'
Exhibit No. 10?
A This is it.
MR. MOORE: This has already been admitted.
BY MR. MOORE:
Q Now, on April 1, 1969? you wrote the Gainesville
City Schools, the Superintendent, is that right?
A Yes, that is correct.
q And that is a copy of your letter of April 1, 1969?
Exhibit No. 11? is that right?
A This is it.
Q In which you point out that you received informatio
that there would be vacancies in the school system this year?
A Yes.
Q Now, did the Superintendent reply to your letter,
and is this his reply, Plaintiffs' Exhibit No. 12?
A Yes, this is his reply.
q Now, following his reply on April 7, 1969, did you
have any additional conferences with the Superintendent of
schools?
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A Yes, I did.
q When did you have your next conference with him?
A I don't remember just the date of the conference.
q Do you know approximately how many days it was after
you received the letter dated April 7, 1969?
A I would say it was within a week, but I am not real
sure of the date.
Q And where was this conference held?
A At the Superintendent's office.
Q And who was present?
A The two principals, Mrs. Trawick from Fair Street
and Mr. Baylor from E. E. Butler, Miss Head, who was a member
of the E. E. Butler faculty, Deborah Mack, who was also a
member of our faculty, and X.
q Who requested the conference?
A In the beginning it was requested, I believe, by the
Welfare Committee of the local G.T. and E.A.
Q And what was the purpose of the conferences’
A To try to clear up some matters concerning this
correspondence.
Q Do you remember what was said at the conference by
the Superintendent with respect to the letter of April 7, 19o'
A Well, we went over this letter almost item by item,
and it was this letter that was the ground work of our
discussion.
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Q What did the Superintendent say with respect to the
charge that you were an ineffective teacher?
A He repeated just what is on here, because we
discussed it from this angle.
Q You say he repeated just about what was in the
letter?
A That's right.
Q Is there anything that you remember that he said
that is not included in the letter of April 7, 1969?
A Well, I don't think so, in that my discussion was
based on the material in this letter.
~ Q Now, since that conference or discussion have you
had any additional or further conferences with the Super intern:
of schools or anyone else connected with the school about
not re-hiring you for the coming school year?
A Only my principal.
Q Mrs. Trawick?
A Yes.
Q And when did.you have a discussion with Mrs. Trawic
A Well, at different times, and I don't remember just
the times.
Q And where was it?
A Usually in the school, at our school.
Q State whether or not the principal offered you
employment?
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280
A You mean offered me a contract?
Q Yes.
A It was her opinion or impression, I gathered, that
there would be a contract since there were vacancies.
Q Did she indicate whether or not she would re-hire
you?
A Yes.
Q Do you know what she said?
A Well, in essence, "We are going to need teachers",
and she had recommended me to be one. She thought my
contract would be forthcoming.
Q Miss McCrary, would you tell us what the G.T.& E.A.
is?
A Well, it is the Georgia Teachers and Education
Association.
Q And could you tell us whether or not the members
of that Association are Negro or white?
A The majority are Negroes.
Q And do you know the purpose of the Association?
A Yes. It is to enhance education and to protect
teachers of 'the organization.
Q And are you a member of the Association?
A Yes, I am.
Q Nov/, Miss McCrary, I believe that you own some
property in the City of Gainesville, is that correct?
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281
Yes.
Q And could you tell us where this property is
located?
A When you say "the City of Gainesville", I have to
explain this, that at first my home was not in the city, it
was on the outside of the city limits, but it has been taken
into the city limits, so, if you mean that, yes.
•Q Yes.
What street is it located on?
A It is now Holly Drive presently. It was Grape
Street.
Q Pardon me?
A It is now Holly Drive. Before this it was Grape
Street, G-r-a-p-e.
Q And do you know the racial composition of the
community at this time?
A At the present time?
Q Yes.
A At the present time it is -- the majority -- it is
a white community as a majority. At the time we were out
there as I was growing up we were the majority.
Q Do you know whether or not there are any other
Negro families or persons living in that area of Holly Street
other than in the property that you own?
A Yes, there is another family, two other families.
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Q Two other families?
A Right.
Q Do both families live on the property you own?
A No. Two other families besides where I own.
Q And I believe you testified that you live on Athens
Street, is that correct?
A Presently, yes, in an apartment on Athens Street.
* <2 Miss McCrary, you contend in this lawsuit that you
have been discharged solely because of your race?
A I see no other real reason.
MR. GUNTER: I object to the question as a leading
question.
THE COURT: Sustained.
BY MR. MOORE:
Q Miss McCrary, would you state whether or not you
contend in this lawsuit that you have discharged because of
your race?
A Yes, I do, because -- may I say why?
Q Yes.
A I think I have proof that I can teach. It is the
opinion of some that I cannot. So the only reason I see is
that we are dropping black teachers and I am one of them,
MR. MOORE; You may examine.
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CROSS EXAM.i NATION
BY MR. GUNTER:
Q Miss McCrary, what year did you finish Northwestern
High School?
A '27.
Q 1927?
A Yes.
Q When did you start teaching at Northwestern School?
A Same year.
Q The same year you finished?
A Right.
Q This was a high school?
A Eleven grades. At that time it was considered
high school.
Q All right.
So you started teaching there as soon as you
graduated ?
A In the fall.
Q All right.
Now, where did you teach after that, in what other
system?
A I taught at Martin,Georgia.
Q In Stephens County?
A Yes.
Q How long did you teach in Martin?
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Two years, I believe it was.
Q And do you remember what years those were?
A Well, it was after I finished high school at Clark,
and that was the year 133 ? so it must have been '33, the
school year of l33_,3!+ and 13*+-,3$> somewhere in that area.
Q All right, when did you go to Clark?
A When?
Q Yes.
A Well, I had had two trips, to Clark, and it is
kind of hard to understand unless I explain.
After I had taught for a while I went to Clark and
finished the 12th year, which was at that time high school.
Q That was in ’33 ? you think?
A Right.
Q All right.
A And then I taught some more and began attending
summer school at Savannah State, Albany State and Atlanta
University.
In the year '56, then I took a leave of absence
from Fair Street, and I went back to Clark College and
finished in the Class of '56.
Q In other words, you got your degree from Clark
College in 1956?
A My A. B., yes.
Q Your A. B. Degree?
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A Yes.
Q And you had been teaching in the Gainesville System
A Before that.
Q — some years before that?
A Yes, I had.
Q Beginning in 19^-9?
A Right.
Q Then when did you go to Atlanta University?
A
Q
During the summers as I taught.
And you got a Master's Degree by going to summer
school at Atlanta University?
A Right.
Q How many summers did you go?
A Let's see, I started possibly in '5*+ — I mean '57,
that was the year after I completed Clark, and I got my
Master's in '6 3 , so the years in between that.
Q Did you go every summer?
A Not every summer.
Q How many summers did you go to work on your Master's
Degree at Atlanta University?
A Well, I don't know, unless I was looking at it. It
was the number of hours that was required to get a Master's
Degree. In that I might say that I did take some classes
during the regular Atlanta University term, evening classes,
so that would have to be considered a part of it.
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Q So you commuted to Atlanta while you were teaching
to go to school at Atlanta University?
A On Saturday.
Q On Saturday?
A On Saturday — Saturday for the morning class and
I believe it was once a week, maybe Wednesday night for the
other class.
Q . All right.
When were you awarded your Master's Degree from
Atlanta University?
A In the Spring of '6 3 . I finished my work in the
first semester, but you don't march until spring, so that is
when I marched. ________________— — ------ ' -..
Q Have you been teaching in the same — how long have
you been teaching in the same classroom at Fair Street?
A I made a note of that. I am glad you brought it
up. It has been formerly said that I did not want to move
when instructed. I am now in my fourth classroom since I
have been teaching at Fair Street, which means that I move
whenever it is really necessary.
Q My question, Miss McCrary, was: How many years
have you been teaching in the same classroom that you are in
that you were in this past year? Could you answer that
question?
A Possibly, I would say, from four to six.
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287
Q From four to six years?
A Yes. I am not real sure the time I went into that
room.
Q But you have been teaching in the same classroom
about six years approximately?
A From four to six.
Q From four to six?
A Yes.
Q Now, you have been very active in community affairs
in your community, have you not, Miss McCrary?
A Well, whenever I have found time and whenever I
could fit it in I have tried to do my best.
Q You never let your community activities interfere
with your school teaching, though, did you?
A I wouldn't think so. I wish Fair Street would pay
jjiq for the overtime I have put in, or the Board of Education
or somebody. I really wouldn't have to work anymore.
But, may I say, it is not at the school s request,
It is just that I see things I need to do, and I stay there
and do them.
Q All right.
Now, your fourth grade class is the only class that
is _ it is the only fourth grade class that is in that
part of the building where you teach, is it not?
A Yes. For the last two years it has been the only
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288
fourth grade.
Q All the other fourth grades are in another part of
the building?
A In another building.
Q All right.
A May I say year before last I was supposed to move.
Mr. Baylor came and said, "Miss McCrary, all the fourth grader
are going to be in the other building." I started packing u p ,
I have something to tell you." And I was real surprised at
what he said. "We have filled up down there, so you don’t
have to move". And I didn't move.
that you were in, did you not?
A Not until he said I wouldn't have to go, because
I was packing my things to move.
q Well, did you not indicate that you did not want
to leave that room and that building?
A No, I did not indicate that I did not want to leave
Q Did you ever make a request of Mrs. Travick, after
she became principal, to leave your fourth grade in that room
in that building?
A Yes, we agreed on it, and she mentioned that
yesterday.
But later he came back and said, "Miss McCrary
Q You indicated your preference to stay in the room
Q All right.
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Now, how long have you known Mrs. Trawick?
A Since she has been -- well, I knew her before she
came to our system. I have been personally acquainted with
her since then, which has been about eight years.
Q About a year?
A About eight years.
Q About eight years?
A Yes.
q So you have known her ever since she has been in
the Gainesville System?
A Yes, I have.
Q All right, she has been principal of the school in
which you teach for the year '68-'69?
A She has.
Q All right.
Now, has Mrs. Trawick ever been critical of anythin
that you have ever done in the classroom?
A No, she hasn't.
Q She has never made any suggestions to you as to wha
you should do or should not do?
A Well, I don't know just what -- you are supposed tc
follow the procedures that the principal lays out. I can't
quite understand what you mean.
Q Well, what I am really asking you, you have been
there a long time, have you not, Miss McCrary?
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A Yes, I have.
Q Do you do things in your classroom and in the school
building the way you want them done, or do you do what the
principals suggest that you do?
A I follow along the suggestions of the principals
just like all the other teachers do.
Q Nov/, do you know of anything that Mrs. Trav/ick has
suggested to you or not suggested to you that you did or did
not do?
A I do not recall a thing that she has suggested and
I did not do it.
Q Do you recall any suggestions that Mrs. Trawick
has made to you that you carried out?
A That I have carried out?
Q Yes.
A Any special suggestion?
Q Yes.
A I don't remember any special thing she has asked
me to do other than my regular classroom activities,
Q Nov/, Mrs. Trawick did not ask you to move over to
the other part of the building v/here the other fourth grades
were?
A I think I told you that we agreed on that.
q Now, what do you mean by "we agreed"? I asked you
if Mrs. Trawick asked you to move the fourth grade over to
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the other part of the building where the other fourth grades
were?
A Mrs. Trawick did not directly say, "Miss McCrary,
you move."
Q Did she say — did she suggest that you move the
class?
A The conversation came up. I don't quite remember
how it was.
Q But you indicated to her you preferred not to move,
did you not?
A Upon agreement with Mrs. Trawick, Mrs. Trawick
said I may stay in my room, and I told her -- that I would no-;
have to move, and I told her why, and we agreed on that.
Q All right.
Now, the classroom —
A That has not been a bone of contention, I don't
think. I don't know why it is here.
Q Well, now, in taking your deposition of Wednesday,
did not Mr. Moore indicate or ask questions about saying that
you had been isolated from the rest of the school?
MR. MOORE; Pardon me?
BY MR. GUNTER:
Q Do you not recall Mr. Moore asking that question?
MR. MOORE; Objection, objection, objection.
THE COURT: What is your objection?
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MR. MOORE: Objection, Your Honor. I didn't even
examine this witness in the deposition.
THE COURT: Sir?
MR. MOORE: I didn't examine this witness on
deposition.
MR. GUNTER: This witness was present when you were
asking these questions, Mr. Moore.
THE COURT: Address your remarks to the Court, plea
gentlemen.
What is your objection?
MR. MOORE: Your Honor, I object to asking this
witness about something in the deposition, especially
when it is taken out of context. I didn't examine this
witness on her deposition. She made no statement about
isolation in the classroom at all.
THE WITNESS: That was somebody else's.
THE COURT: Ask your question again.
MR. GUNTER: May I start over? I will tie it up, --
THE COURT: All right, sir.
MR. GUNTER: -- if he wants to object so much about
this.
BY MR. GUNTER:
Q Were you present in my office on last Wednesday,
Miss McCrary, when Mr. Moore asked Mr. Ellenburg, who is the
Assistant Superintendent of Schools, if the school system had
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not isolated you from the rest of the fourth grade classes,
were you present when this took place?
MR. MOORE: Objection, Your Honor.
A (By the witness) I --
MR. MOORE: Objection. It is not a proper rendition
of what happened at the deposition that was taken.
THE COURT: Sir?
MR. MOORE: That is not a proper rendition of what
happened at the deposition taking.
THE COURT: He asked her if she was present.
MR. MOORE: But that didn't happen at the deposition
THE COURT: Doesn't the witness know how to answer
that? If it didn't happen, she can say it didn't happen.
MR. MOORE: I think, Your Honor, what happened,
it distorts what actually happened at the deposition
taking.
THE COURT; I don't see where it would be a valid
objection. I overrule it.
Go ahead. You can answer the question.
THE WITNESS: If he repeats it and I understand it,
I.will certainly answer it.
V/ould you repeat it, Mr. Gunter?
BY MR. GUNTER:
Q Were you present, Miss McCrary, when Mr. Moore, in
my office last week, asked Mr. Ellenburg, the Assistant
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Superintendent of Schools, why you were isolated as a fourth
grade teacher in the Fair Street School from all of the other
fourth grade classes?
A I was there, but I don't know what Mr. Ellenburg
meant by "isolated" and that we tried -- somebody tried to
clear up on that day”what was meant by "isolation". So if
Mr. Ellenburg would come up and tell us what he means by
"isolation", I can answer in the right way.
Now, when you say "isolation", if you mean that if
we were the only third -- fourth grade in there, yes. But
that was the first year -- heretofore there had been other
fourth grades in the same building, and, as I have already
explained, they were moved to the other building, and I was
not moved because there was not enough room.
Q All right, now, for two years you had been the only
fourth grade class and teacher in this building in which you
were in?
A That's right.
Q All right.
A The others were third grade classes.
Q The other classes in there are third grade classes?
A Third grade, and the kindergarten has a section anc
the pre-schoolers have a section.
Q All.right.
Now, Miss McCrary, this classroom that you have
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in for six years, a great deal of traffic from the community
passes by this classroom, does it not?
A Some traffic from the community, but a lot of
traffic from the other higher buildings where girls and boys
come through.
Q All right.
Do you do anything with respect to members of the
community who are not in school coming into the building,
into the school?
A Yes. And students, also, who don't have any busines
over in our building. When I say "our building" I mean
away from their own classroom building.
Q So you spend a good deal of time at that location
steering pedestrian traffic?
A No, no. You cannot truthfully say that I stand thee
as a guard. I see them, I speak to them and tell them to,
especially the students, "You go to your class", or, "You
have no business here, go to your classroom." If they are
people that I think aren't supposed to be in the school, then
I will ask them to please don t use this as a street.
But I don't have to stand at the door to do that.
My door faces the hall, and I can be almost anywhere in my
room and see people going down our hall.
Q You know practically all the people in that
community there, do you not?
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Well, I would say most of the school persons and
the persons living near.
Q Now, you heard Mr. Massey’s testimony on the stand
yesterday, and I believe you, in answering Mr. Moore's
questions, you said essentially the amount of time that he
spent in your classroom in the year '6 7 - ' 6 8 was approximately
right?
A He didn't mention the time he spent in !67-'68. It
was '6 8- 69 when he said he spent about twenty minutes.
Q Did he not —
A I don't think he mentioned the time that he stayed
in my room at other times.
Q Well, did you not, in answer to Mr. Moore’s
question this morning, say you thought he came to your
classroom approximately three times in 1 9 6 7-68?
A Right.
Q And one time, possibly only one time in the year
1 9 6 8-6 9?
A I will go along with that one he said he came in.
Q Do you recall any others?
A I do not.
Q Do you recall ever seeing Mr. Massey in the Fair
Street School on any other occasion other than the one time
that he came into your classroom in '68-'69?
A Well, he was in our building, I am sure, but he jr
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didn't come into my classroom.
Q Did he ever -t
A When I say "building", I am forgetting about the
isolation, taking the school as a whole.
Q You are referring to the whole school as the one
Fair Street School? «
A Yes.
Q Did Mr. Massey conduct any in-service training
programs for teachers that you have attended?
A He did year before last, his first year with us.
Q That would have been in '67-'68?
A Right.
Q Now, do you know how many in-service --
A Wait a minute. One other — one other night this
spring, I suppose about a two-hour, maybe an hour, that we
spent with him, and I suppose you could call that in-service,
so I will say two times.
q Now, let's go back to '67-'68. How many times in
the year 1967-68, which was his first year?
A You mean how long did he use for this training?
Q How many in-service training sessions do you
remember?
A I don't remember. I think possibly four at least.
Q Approximately four?
A Yes.
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Q Did you attend all of these?
A Yes, I did.
Q What time were they held? In the afternoon or at
night ?
A Directly after school.
0* And you attended all of them?
A Yes.
Q Did all of the other Fair Street Teachers attend
them, so far as you know?
A So far as I know, yes.
Q And how many in the year that has just concluded,
the school year that has just concluded, how many in-service
training sessions did Mr. Massey conduct in reading that you
recall?
A He was a part of a workshop that we had there one
night. We spent about an hour with him and about an hour
with Mrs. Green, and about an hour with the speech teacher,
who was Mr. --
Q You said speech teacher. You mean art?
A Well, there are two speech teachers. I don't
remember his name. V/e have a lady and a gentleman. This wa.
the gentleman speech teacher.
Q That is my mistake. I'm sorry.
Nov/, you mentioned an in-service training session
with Mrs. Green. Would you explain to the Court who Mrs.
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Green is?
A Mrs. Green is a language consultant, I guess you
would say
Yes.
Nov;, you know Mrs. Green?
A Yes, I do
Q And Mrs. Green has been in your classroom?
A No, she hasn’t.
0 Never has been in your classroom?
A No.
Q Have you had in-training sessions for instruction
of teachers conducted by Mrs. Green?
A Yes, I have.
Q How many do you recall in the year that has just
concluded, the school year?
A The one hour that I told you about formerly.
Q She was in the same workshop Mr. Massey came into
and that has been about two months ago?
A Yes. This was one night, and we had a rotation, one
hour per instructor, so we stayed with Mr. Massey an hour,
with Mrs. Green an hour, and with Mr. Grant, I believe is the
speech teacher, for an hour.
Q Now, is that the only in-training program that you
recall during the year that has just been concluded?
A Yes.
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But Mrs. Green did conduct a workshop in Robert's
English last year.
Q In what?
A In * 67 - ’ 6 8, Mrs. Green did conduct a workshop in
what is known as Robert's English.
Q What is "Robert's English"?
A "Robert's English" is a new version of English that
has been in our system for the last, what, three years, I
would say.
Q I see.
A And it was a trial in the third and fourth grades.
It was a trial in the fourth grade for two years, and then
the system adopted Robert's Rules — Robert's English, and
at that time we had a workshop so that she could help us
try to understand Robert's English.
Q And you cooperated fully with her in doing that?
A Yes, I did. I don't think you will find any abseno
whatever.
... q ••— Now,' what about — you have mentioned reading and
English and speech. Now, wnat about the in-service sessions
by the art consultant or specialist, Mrs. De La Perriere?
Do you recall any of those?
A Yes, for about two years or maybe three, two years
I guess, Mrs. De La Perriere came over every Friday afternoon
and we, the faculty, would meet Mrs, De La Perriere in the
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lunchroom where she would demonstrate the type of thing that
she wanted us to do for that day.
Q And were all the elementary teachers asked to attenc
this in-training session?
A Everybody in our faculty,
Q And you always attended?
A Yes, I did.
Q And you cooperated with Mrs. De La Perriere?
A Yes, I did. I think the only thing Mrs. De La Perr:.
could say against me is that I did not stop my reading class
at the time she came in, and, as I say, I didn't know that was
a bone of contention until afterwards.
Q Nov/, you know Mr. De La Perriere — excuse me, Mr.
Massey, Mrs. Green and Mrs. De La Perriere, you know them?
A Yes, I do.
Q Miss McCrary, do you think that these three people
are prejudiced against you because you are a Negro?
A I don't know. I don't know what their reasons are
for what is being done.
Q Do you think that their evaluation of you would be
based on the fact that you are a Negro?
A Possibly Mrs. — the art teacher, because I can't
see where she would feel that much one way or the other.
I kind of, and maybe this is my opinion, but in
the field of reading, Mr. Massey is a white coordinator, and
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I am a black teacher. Mr. Massey could seemingly not
understand why I did not see a need to follow, I suppose, and
may I say this, if I had seen a book by Mr. Massey with
instruction as to how to go, I possibly could have followed,
but in what he has put on my lesson plans, it gave me no
indication that there was only one way and that was the way
that he suggested reading.
. ' Q Nov/, Miss McCrary, yesterday you heard Mr. Moore
ask Mr. Blakeney if race relations are not good in this
community.
A I thought they were.
Q Nov/, you have used the past tense. You say you
thought they were?
A Yes, I did.
Q You do not think so now?
A Well, at present I wonder.
Q And on v/hat do you base that?
A On the same thing that has happened right now.
Q On what has happened to you?
A That's right. I mean, this one of the -- one of
the examples I could think of.
Q Now, in answering one of Mr. Moore's questions you
said that Mr. Massey possibly did not know how elementary
students should act in the classroom. Do you believe he does
not know how elementary students should act in the classroom?
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A Being a coordinator of reading, I could picture him
maybe not exactly being familiar with the classroom.
Q You do not know whether or not Mr. Massey has ever
done any classroom teaching, do you?
A Not with young people. I mean, I don't know whether
he has had elementary people or not. I know Mr. Massey said
he has taught, but I do not remember that he said he taught
in the elementary part.
Q It would be your opinion that Mr. Massey does not
know how elementary students should act in the classroom?
A Well, I wouldn't say that. I didn't say that he
did not know how elementary children should act. I think
maybe I said that he did not know the situation in my
classroom.
q Now, I want to come down to the time that you first
were advised that you would not be re-offered a contract for
the next school year. Do you recall when you first learned
this?
A I will never forget. The 4th of March.
Q The 4th of March?
A Right.
Q And someone in the Fair Street School, the secretary
called you and asked you to come to the principal's office?
A Yes.
Q Did you know what the purpose of the meeting was
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for at that time?
A No, I did not.
Q Now, Miss McCrary, you have an EMPLOYEE'S HANDBOOK
that is put out by the Gainesville Board of Education?
A Yes, I do.
Q And you know by the requirements of the Board of
Education that you had to be notified by March 10th each year
whether or not your contract was going to be renewed?
A Yes. ♦
Q Now, when Mr. Blakeney came to talk to you, did you
understand it was because of the rules of the Board of
Education that if your contract was not going to be renewed
that you had to be told?
A I think I told you earlier that Mr. Blakeney said
that my contract was being withheld, and, to me, there is a
difference between it being withheld and not getting an offer
of one.
Q Excuse me. I will use this word from now on.
Mr. Blakeney advised you that your contract was
being withheld?
A Yes, he did.
q And the rules require that a teacher be notified
that her contract is to be withheld on or before March 10th
in each year, don't they?
A Well, I don't know about the withheld. I can't
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remember that particular word in the handbook.
Q Well, you make a vast distinction between a contrac;
being withheld by the Board and a contract not being renewed
by the Board?
A A contract not being offered.
Q A contract not being offered by the Board?
A Right.
Q This makes -- you see a vast distinction between
these two things?
A Yes, I do. In my estimation, if a contract is not
to be renewed, then you know that that is the end. If a
contract is being withheld, then, to me, withheld means at
a later time something could happen.
Q Well, would this not be true also, Miss McCrary,
if a contract was not renewed?
A Renewal did not come up.
Q All right, what exactly -- where was this conference
held on March b-th?
A In Mrs. Trawick's office.
q In Mrs. Trawick's office?
Mr. Blakeney, the Superintendent of Schools, was
present?
A Yes, he vras.
Q And Mrs. Harris, another teacher in Fair Street
School, was present?
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A Yes, she was.
Q Did Mr. Blakeney tell you at that time that your
contract was being withheld?
A Yes, he did.
Q Did he tell you why?
A He said that there were too many contracts — I
mean, that since there would be a reduction in students,
that they would not need as many teachers and that he could
not issue contracts unless he was sure that there would be a
position, because the Board of Education would have to honor
the contract, that is, I am supposing whether you taught or
not, if you had a contract, you v/ould be entitled to pay,
so he was withholding those until the others were returned
to see if there was a need for more teachers.
Q Did he tell Mrs. Harris the same thing?
A Well, now, I was talking with Mrs. Harris last
night, and, undoubtedly, the words he said for one was for
the other, and she said she had not had any other conversation
Q Now, he told you that, in effect, you were not as
effective a teacher as others whose contracts were not being
withheld?
A He implied that, yes.
Q Now, what do you mean "He implied that", Miss McCraJ:
What did he say? Do you remember exactly what he said?
A Well, what does this letter say? Something about
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as effective, and I always have to look at it, because I am
confused about what "ineffective" and "effective" means.
"I explained to you at that time I could not
personally evaluate your effectiveness because I had not
supervised you that closely. However, the evaluation of those
who had observed you -closely through the years indicated
that you were not as effective as others which we retained."
Q This is what he wrote to you in a letter subsequent!
A Beg your pardon?
Q I said, this is what he wrote you in a letter
after March 4th?
A Yes.
Q But on March 4th he said —
A The same thing.
<2 -- essentially the same thing he put in the letter?
A Right.
Q And there was no misunderstanding this, was there,
Miss McCrary?
A Maybe not with you, but to me, yes. I still don't
understand what he means by not being effective, and I had
hoped to get some proof, but I still don't have any proof of
this non-effectiveness. 1 have opinions, and you have
heard opinions, but, so far as facts, I haven't seen them.
Q Your opinions are very objective, are they not,
Miss McCrary?
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A At this point I can't say that they are.
MR. MOORE: Objection.
THE COURT: What is your objection?
MR. MOORE: I think that is argumentative, Your
Honor, that her opinions are not very objective.
MR. GUNTER: I say "Your opinions are very
objective, are they not".
THE COURT: I don't think that it is necessarily
argumentative. I overrule the objection.
Go ahead.
BY MR. GUNTER:
Q Is your opinion a very objective opinion, Miss
McCrary?
A May I say at this point that I am not sure, that I
have told you what I have, my honest opinion, and I will
leave you to say whether or not you think it is objective
or subjective.
Q Now, after Mr. Blakeney talked with you -- is it
Miss Harris or Mrs. Harris?
A Mrs. Harris, who has been teaching in the Fair
Street System longer than I, really.
Q After he talked with you and Mrs. Harris, he told
you both essentially the same thing, did he not?
A Well, you know, until last night I thought maybe
he had had some conversation with her before, but she said he
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did not begin his conversation until I got there, and, inasmut
as he didn't say any more, I am assuming that he meant the
same thing for both of us.
Q Is Mrs. Harris going to school this summer?
A I understand she is.
Q Did she tell you last night whether or not she is
being offered a conditional contract provided she did certain
work?
A She told me she did not have a contract.
Q Could you answer my question?
MR. GUNTER: Would you read the question back?
REPORTER: "Did she tell you last night whether or
not she is being offered a conditional contract provided
she did certain work?"
A (By the Witness) Her words to me were that under
the suggestion or with the suggestion of Mrs. Trawick that
she had gone to summer school. She did not say whether or
not a contract had been offered if she did thus and so, but
she said she did not have one, and I believe I would be
correct in saying that she had not talked with Mr. Blakeney.
She's only taking Mrs. Trawick's suggestion going to summer
school.
Q Well,'is it not necessary for her to be certified
in some other field?
A I don't know.
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Q She did not talk to you about teaching pre-school
children?
A She did not. She said she had not been offered a
contract, so I am assuming that she really doesn't know what
she is going to do.
Q Now, after Mr. Blakeney talked to you and Mrs. Harris
what did you do, Miss McCrary?
A I think that was like a week-end, and I didn't do
anything that week-end, and the next week I began to discuss
it with Mrs. Trawick.
Q You got a letter from Mr. Blakeney within a few
days after your conversation with him?
A Yes. I think Mrs. Trawick got one, too, so she
knew what the discussion was about,
Q All right, now, you got a letter from Mr. Blakeney
in accordance with the rules of the Board where you have to
be notified, did you not?
A Yes.
Q What was the date of that letter? Do you remember?
You had a copy of it there.
A I don't remember, but I'll see.
Now, which one do you want?
Q The letter that Mr. Blakeney wrote you stating
A This is March the 6th.
Q March the 6th. This was two days, then, after you
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had had your conversation with him?
A Yes, it was.
Q, All right, what did you do
letter?
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after receiving that
A After receiving this letter?
Q Yes, of March the 6th?
A At the time I didn't do anything, because I was
taking what he had said that there \would be a reduction in
teachers so there would have to be a reduction in staff, that
he was not offering contracts uhtil he was sure of a place
for people to teach, so I did not do anything except just
wait.
Q All right, You did not go to the Board of Education
at all?
A No, I didn't, because I saw on reason to go to
the Board of Education to tell them that he was withholding
my contract.
Q Do you know who authorizes contracts in the
Gainesville City School System?
A Well, I think I have heard enough now to know that
the Board of' Education, the staff members — I mean who
decides who has it and --
Q Do you know who has the final authority?
A
Q
The principal -- the superintendent, I would say.
The superintendent has the final authority?
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A That is the way I see it, yes.
Q All right.
You think the Superintendent is the one who has
discriminated against you?
A I can't say he alone insomuch as he has other people
on his staff who he recommends as part of his decision.
Q In any event, you made no request of anyone to
appear before the Gainesville City Board of Education?
A As I said, I saw no need to at that time, not withir.
the ten days, or whatever the number of days this is.
Q All right, then, Miss McCrary, then what did you do"
A I didn't do anything until I received the newsletter
Q When did you receive the newsletter?
A There is a copy of it in the file.
Q Approximately?
A Well, it was after this, and I don't know just when
that was.
Q The latter part of March?
A He will give us the date.
(Whereupon, Mr. Moore handed a document to the witness.)
A (By the Witness) March 21.
Q All right, after you received the newsletter what
did you do?
A I wrote a letter to Mr. Blakeney.
Q And what was the date of your letter to Mr. Blakeney
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I don't remember the date of my letter. I remember
the date of his reply. I don't have a copy of —
Q V/hat was the date of his reply to you?
A April the 7th.
Q So you wrote a letter to Mr. Blakeney prior to
April the 7th?
A Right.
Q What did you request of him in that letter?
A The essence of my letter was, inasmuch as there
were vacancies now and that ray contract was being withheld,
which I thought meant later on their may be some chance,
that I would like to receive a contract.
Q Now, did you go talk to Mr. Blakeney after writing
him that letter?
A I didn't talk to Mr. Blakeney. I talked to my
principal, Mrs. Trawick.
Q Talked to Mrs. Trawick?
A I think I told you earlier we discussed the
contents of this letter. So, if you mean that, then I
talked to him.
Q Well, I am trying to establish the time sequence,
Miss McCrary.
Did you have a conference with Mr. Blakeney about
this before your letter -- I mean his letter to you of
April the 7th, that you recall, or was your conversation witl
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Mr. Blakeney after his letter to you of April the 7th?
A His conversation was after the letter, because I
asked him to explain what he meant by what this letter said.
Q All right.
Nov;, I want to pinpoint, if we can, when you had
the conversation with Mr. Blakeney and who was present after
April the 7th, 19 6 9?
A Does it refer to it in this letter?
Q I am not sure.
A What do you want?
Q You had a conference with him after the letter of
April 7th?
A Right.
Q Now, do you know approximately when this was? Was
it a v/eek after that?
A I would say it was within the same week. I am not
sure.
Q Within the same week of the April 7th letter?
A I am supposing this. It would be about that time.
Q And how was this conference arranged? At your
request?
A I think I told you earlier that the welfare committs
of the local G.T. & E.A. had been in constant contact with
Mr. Blakeney.
The local welfare committee of the Georgia Teachers
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and Education Association had been in constant contact --
A We call ours the local G.T.&E.A. and we have a
Welfare Committee, and when I say "our" I mean the people that
teach in Hall County and the Gainesville System. This is wha";
we call "Our G.T.&E.A.".
Q You say that that Welfare Committee had been in
constant touch with Mr. Blakeney?
A They had been in touch with Mr. Blakeney, and it
was through them that this meeting was arranged for this --
for that particular afternoon, whatever date that was.
Q All right, you did not request the meeting, then,
or did you request it through —
A Through the organization, yes.
Q Through the Welfare Committee of the local G.T.& E.A
A Right.
Q Now, why did you not call Mr. Blakeney directly?
Did you feel like he wouldn't talk to you?
A Well, that is what our Welfare Committee is for,
why the Welfare Committee began to be in action.
Q So do you think that Mr. Blakeney would have had
a conference with you and talked with you about it had you
called him directly?
A I had contacted him through letters. Otherwise,
I had not.
Q All right, who was present at your conference
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arranged at your request through the G.T. & E. A.?
A Those members I have — I have told you about the
people already.
Q Not today?
A Yes, today. I said Mr. Baylor, Mrs. Trawick, Miss
Head, Mrs. Mack and myself.
Q All right, the G.T.& E.A. committee was not present
then?
A No.
q It was only arranged by the G.T.& E. A. committee?
A Right.
Q All right.
Now, what was discussed at this meeting?
A This letter.
Q And what did Mr. Blakeney tell you with respect to
your case?
A Mr. Blakeney just explained again what the letter
said.
I told him I didn't understand what the letter was -
I mean, I didn't understand this letter, and he tried to
inform me what he meant by what he said in the letter.
Q Did you know at that time that your contract was
still being withheld?
A Well, I hadn't received it, so I suppose it was
still being withheld.
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Q Did you know by then that you were not going to be
re-offered a contract?
A I was almost certain then, unless something changed,
that I would get no contract, which it didn't seem to do.
Q Now, did he essentially tell Miss Head the same
thing he told you?
A Well, our cases are a little bit different, so it
would not be exactly the same.
Q Do you recall -- you were present when he told Miss
Head about her case?
A Well, I was not concerned -- I was selfish, I was
more concerned with my own, and after that it didn't make
much difference what he said to Miss Head.
Q So you don't recall anything that Mr. Blakeney told
Miss Head?
A I couldn't pinpoint it. It would all be "I think"
or "I suppose", and that isn't necessary.
Q Now, what did you do after that, Miss McCrary, aftei
this meeting?
THE COURT: How much longer did you anticipate your
cross-examination will take, Mr,. Gunter?
MR. GUNTER; I think it will take at least another
thirty minutes.
THE COURT: All right, let's take a recess. I don't
like to interrupt the examination, but I think we had
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better take a recess for about fifteen minutes.
(Whereupon, Court was recessed at 11:25 A. M., reconvening
at 11:45 A. M.)
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AFTER RECESS
THE COURT: All right, Mr. Gunter.
- 0 -
MISS CLARA BELLS MCCRARY,
Having returned to the stand, testified as follows:
CROSS EXAMINATION (Continued)
BY MR. GUNTER:
Q Miss McCrary, after your conference with Mrs.
Trawick and Mr. Baylor and Mr. Blakeney and yourself and Miss
Head, what did you do after that?
A You mean what was the next step I took about this?
Q Yes.
A I went to my G.T.& E.A. organization.
Q Your local G.T. & E.A. organization?
A This was the State G.T.& E.A. organization.
Q All right.
Now, did you make the contact yourseif, or did
your local G.T.& E.A. unit. Whom did you make contact with?
A The local G.T.& E.A. made the contact, I think.
Q With whom?
A With the state officials.
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Q With the state officials?
A Dr. Tate is the Executive Secretary. Mr. 3yas is
his assistant.
Q Dr. Horace Tate?
A Yes, sir.
Q And Mr. Ulysses Byas?
A Right.
Q Now, how was this contact made? Do you know?
A It was through the 'Welfare Committee, so I don't
know.
Q You don't know whether it was by telephone or in
writing?
A No, I don't.
q Did you talk with Dr. Tate in person about this?
A Yes, I did.
Q When was that? Do you remember? 'Was it in April?
A Let's see. Again I would have to refer to the
letters to see what date it was I got the letter. But you
have one of the same date, and it was after that conference,
I mean after the -- it was after the conference with Mr. —
Q With Mr. Blakeney?
A — with Mr. Blakeney that I went to Atlanta.
Q You went to Atlanta.
Did you talk with Dr. Tate in his office in Atlanta?
A Yes, I did.
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Q Who accompanied you? Who went with you?
A Miss Head, Mrs. Whelchel, who was the chairman at
that time of the -- president of our organization, and Mr,
Pryor,
Q Mr. who?
A Pryor, who is the counsellor at Fair Street School.
Q And the four of you went to Dr. Tate's office in
Atlanta?
A Yes, along with, I believe, Mrs. Mack was along
with us.
Q Mrs. Mack?
A Yes, I believe she was,
Q What did you tell Dr. Tate on this occasion?
A I showed Dr. Tate the correspondence I had had with
Mr. Blakeney.
Q Did you tell Dr. Tate that Mr. Blakeney had told
you that you were a less effective teacher than other teachers
in the system?
A I showed him these letters.
q You showed him the letters?
A Right.
Q And you, of course, told him that you thought that
your contract was being withheld because you were black or a
Negro?
A I don't see any other reason. I come back to that
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again.
Q But this is what you told Dr. TateV
A Yes, I did.
Q Now, v/hat next transpired that you did in connection
with this lawsuit that we are trying today?
A After my meeting with the G.T.& E.A., then we
employed a lawyer.
Q All right, v/hen was this? Do you recall?
A I don't recall, but it was possibly the week
following.
Q The v/eek following your conference with Dr. Tate?
A Right.
Q Whom did you employ?
A Attorney Peter Rindskopf. He is an associate of
Mr. Moore.
Q He is an associate of Mr. Moore?
A Yes.
Q Who went with you to employ Mr. Rindskopf?
A No one.
Q You v/ent by yourself?
A To his office, yes.
Q To his office.
Who met you there?
A Mr. Byas was there?
Q Mr. --
________________________________________________ 321____
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......... ................................................ .. 222______
A Mr. Byas was there,
Q Mr. Ulysses Byas?
A Yes, sir.
Q And Mr. Byas is the former principal of the E. E.
Butler School?
A Yes, he is!
Q And he left E. E. Butler School, he left the
Gainesville School System to accept employment with the Georg:.
Teachers and Education Association?
A Well, I couldn't say that he left to do that, but
I know that is what he is doing now.
Q Well, his next employment was with the G.T.& E.A.?
A It is at present,
Q After leaving the Gainesville School System?
A That is what I understand.
Q Who else was there besides you and Mr. Byas in Mr.
Rindskopf’s office?
A Miss Head.
Q Miss Head?
MR. MOORE: Your Honor, I think this goes into the
area of privileged matter, what transpired in a lawyer’s
office.
THE COURT: I don’t believe he has gotten to the
point of any confidential relationship. I would agree
with you, as far as any conversation between attorney
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U 427A 323
and client, that would be privileged.
I believe he is asking about who was present and whc
was there. That would not be privileged per se.
MR. MOORE: All right. I withdraw the objection,
Your Honor.
BY MR. GUNTER:
Q You and Miss Head did not go together?
A Yes, we were together.
Q I thought you met each other there?
A No. She at that time was at Gainesville. School
hadn't closed at that time, and Miss Head was in Gainesville.
Q Didn't you tell me last Wednesday that you did not
go together? My recollection is that you told me last
Wednesday that you and Miss Head did not go together.
A We did go to Atlanta together. I don't know that
you asked whether we went from Gainesville, did you?
Q That was my recollection. But I am trying to
correct my understanding. That is what I am trying to do,
Miss McCrary.
A Well, I am telling you what actually happened.
Miss Head and I went from Gainesville to Atlanta together.
0 And met Mr. Byas at Mr. Rincskopf's office?
A Right.
Q And this was some time in April or early May,
approximately?
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A Yes, I would say so.
Q Now, then, did you later have a conference with
either Mr. Rindskopf or Mr. Moore concerning the filing of
the lawsuit?
A Yes, I did.
Q And you, of course -- did you tell your attorneys
that you felt like you were discriminated against because of
your race?
A Yes, I did.
Q And that that was the only reason for you not being
offered a contract?
A Well, I showed them these letters which they could
take for what they were worth.
Q Did you mention to them that Mr. Blakeney had on
March 4th told you that you were one of the least effective
teachers in the system?
A Yes. It was stated in the letter, also, so they
knew about it.
q Now,, do you recall when this conference was with
your attorneys? Was it --
A I did not put down any dates. From now on I will
put down dates so I will know v/hen things happen, along with
some others around here should put down some things, too, so
they will know.
q Miss McCrary, you told rne last Wednesday when I was
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asking you questions that you met Saturday a week ago with Mr
Moore for the first time, except on the occasion when the
firm was employed. Do you recall more than two meetings with
Mr. Moore or Mr. Rindskopf in Atlanta?
A Well, maybe I should say at the initial meeting onl
Mr. Rindskopf was there. Mr. Moore was not there. I met
Mr. Moore on the second trip.
Q And on the second meeting you met Mr. Moore?
A Yes, I did
Q Nov/, do you recall more than the two meetings with
your attorneys prior to the trial of the case?
A No, no,
Q Now, Miss McCrary, the Georgia Teachers and Educate
Association entered into the contract of employment with thes
attorneys for you, did it not?
A Beg your pardon?
Q The Georgia Teachers and Education Association
is going to pay the attorney^ fees to your attorneys?
A You have the wrong organization. Ours is G.T.& E.A.
You said Georgia Teachers. You are speaking then of the
other one, are you not? We are G.T.& E.A.
Q Yes.
Well, that is what I am asking. The G.T.&E.A.
is going to pay your attorney^ fees to your attorneys in
handling this lawsuit for you?
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A I hope so.
Q Is that your understanding?
A They have — I don't think they have said it to
that effect, but I certainly hope they will be in there,
Q Well, you did sign an employment contract for your
attorneys to represent you in this case, did you not?
A Yes, I suppose when you sign something —
Q And did the G.T.& E.A. sign the contract with you?
There is nothing wrong with it, Miss McCrary. I
just want to find out if this is a fact?
A The fact is that I signed this piece of material
when I went to the office of the attorneys. We did not enter
in, and I guess you think this is strange, who was going to
pay.
q That's never been discussed, who was going to pay
the attorneys' fees?
A But I believe that the G.T.& E.A. will stand behind,
and when I say "stand behind", I hope they will stand behind
until I can get the pay, if I don't have it.
MR. GUNTER: No other questions.
THE COURT: Do you have any further questions?
MR. MOORE: Just one question,
Mr. Pressley, would you mark this, please?
THE CLERK: Plaintiffs' Exhibit for identification
No. 31 is a photostatic copy of "Newsletter, Gainesville
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City Schools" dated March 21, 1 9 6 9.
(Whereupon, the above document was marked for identification
only as Plaintiffs' Exhibit No. 31*)
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RE-DIRECT EXAMINATION
BY MR. MOORE:
Q Miss McCrary, I ask you if you recognize Plaintiffs
Exhibit No. 3 1 , captioned "Newsletter, Gainesville City School
as being the newsletter to which you referred in your cross-
examination by Mr. Gunter?
A Yes, this is it.
Q And on Page 3 is there information pertaining to
vacancies in the school system of the City of Gainesville tha:
you referred to in your cross-examination?
A Yes, I did. I mean, this is the information.
MR. MOORE: Thank you. There are no further
questions of this witness by counsel. Does the Court
have any questions, Your Honor?
THE COURT: Do you have any further questions, Mr.
Gunter?
MR. GUNTER: No questions.
THE COURT: I have no questions.
MR, MOORE: We would like to move the admission
of Plaintiffs' Exhibit 31.
THE COURT: Any objection?
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432.4
MR. GUNTER: No objection.
THE COURT: Let it go into evidence.
MR. MOORE: You may come down, please. Leave all
these up here. Take these and this and that.
THE WITNESS: What shall I do with my project? You
want that up hete, too?
MR. MOORE: What is that?
THE WITNESS: What shall I do with my project?
MR. MOORE: Oh. The project is in evidence now.
(Whereupon, the witness was excused from the stand.)
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MR. MOORE: The Plaintiffs call as their next witnes
Miss Rosa Head.
THE CLERK: Miss Head, if you will take an oath,
please.
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
individually and as Superintendent of Schools, and others
shall be the truth, the whole truth and nothing but the
truth, so help you God?
MISS HEAD: I do.
CLERK: Just have a seat, please.
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Called as
329
MISS ROSA A. HEAD,
a witness, after having first been duly sworn,
testified as follows:
DIRECT EXAMINATION
BY MR. MOORE:
Q Would you state your name, please?
A Rosa A. Head.
Q Miss Head, during the year 1968-69 were you
connected with the Gainesville City Board of Education?
A Yes.
Q And what was that connection?
A I was employed as a teacher of Commercial courses
at the E. E. Butler High School.
Q And when did you first begin your employment with
the Gainesville City School System?
A Well, I started working in 1966, August of 1966,
but earlier I had come up for an interview, and that was the
time when I signed my contract.
Q How many years have you taught at the E. E. Butler
School?
A
Q
Well, I have just completed my third year.
And have you always taught in the field of
Commercial Education, Business Education?
A Yes. But two of the years that I have been teachin
at Butler I have taught two other courses outside of my area.
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Q What courses have those been?
A They were English both times.
Q And how many classes in English did you teach?
A One class the past year and one class the year befo
last.
Q Miss Head, what is your educational background?
A Well, I have a B.S. Degree in Commercial — in
Business Education from the Ft. Valley State College.
Q Is that in Ft. Valley, Georgia?
A Yes.
Q Have you done any post graduate work?
A Last summer I attended the Business Gregg Methods
Conference at Georgia State College in Atlanta for which I
got three hours credit towards a Master's Degree.
Q Miss Head, what subjects do you teach in the
Commercial Education field?
A You want to know what courses would I be qualified
to teach?
q Yes, what courses do you teach as a teacher of
Commercial Education or Business Education at Butler High
School? What did you teach?
A Well, the very first year I taught Typing I,
Secretarial Office Practice and Typing II. That was the
first year.
The second year I taught Typing I, Typing II,
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331
Dictation and Transcription.
The past year I taught Typing I and a course in
English.
Q Miss Head, do you know Miss Rosalind Carter?
A Yes.
Q And who is.she?
A She is one of the. other -- she is another teacher
at Butler High School who teaches Commercial courses.
Q And is she a member of the Negro or white race?
A She is a Negro.
Q And — strike that.
Has she been teaching Commercial Education at Butlet
High School longer than you?
A Yes. She had already been employed when I came
there. She was already working there,
q Do you know how much longer that was?
A No. But it is approximately seven or eight years.
Q Do you know Mrs. Peggy Glass?
A Not personally, but at one of the in-service meetir.j
I met her.
Q And who is she?
A She is one of the Commerical Education Teachers
at Gainesville High School.
Q Do you know her educational background?
A No, I do not.
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Q Do you know how long she has been teaching?
A No, I do not.
Q Do you know Mrs. Presnell?
A No, I do not know her.
Q Have you ever had occasion to meet her?
A No, I haven't.
Q All right.
Do you know whether or not any of the teachers who
teach Commercial Art -- strike that — who teach Commercial
Education, Business Education in the Gainesville City School
System have less experience than you?
A Yes.
Q Who is that teacher?
A Mrs. Presnell.
Q Mrs. Presnell?
A I recall that, I recall the first or second year
I was in the system, we had this in-service meeting, and we
had group meetings, if you were in Business Education you
would get with other teachers that taught these particular
courses, and this is the opportunity I got to meet the other
persons in Commercial Education.
At this particular time there was a man and a lady.
This Mrs, Glass was there, and there was a man there, but
I understand later they have two ladies now.
Q You say there was a man teaching?
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A Yes, a man and a lady.
Q Do you know his name?
A I don't recall his name.
Q Was he a black man or a white man?
A He was a white man.
Q And did you understand that he was teaching
Commercial Education?
A Yes, because we had some discussion.
Q And where did this meeting take place, this in-serv
meeting take place?
A The meeting itself took place at Gainesville High
School,
Q Gainesville High School?
A Yes.
Q How frequently did you have these meetings, these
kinds of meetings, rather?
A Well, there wasn't a set pattern. This is the only
one we have had since I have been in the system.
Q And when did you have this meeting?
A It was the first or second year that I worked here.
Q The first or second year?
A The first or second year.
Q Since you have been with the Gainesville Board of
Education have there ever been more than four teachers of
Business Education?
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A No.
33*+
Q Miss Head, you are a member of the black or Negro
race, is that correct?
A Yes.
THE CLERK: Plaintiffs' Exhibit for identification
No. 32 is the original certificate from the State of
Georgia, Department of Education, Teacher's Certification
dated September 1, 1966.
(Whereupon, the above document was marked for identification
only as Plaintiffs' Exhibit No. 32.)
-0-
THE CLERK: Plaintiffs' Exhibit for identification
No. 33 is a contract of employment dated 7 March 1968.
(Whereupon, the above document was marked for identification
only as Plaintiffs' Exhibit No. 33.)
-0-
BY MR. MOORE:
.Q Miss Head, I show you Plaintiffs' Exhibit No. 33
and ask you if you recognize it as being your contract of
employment with the Gainesville Board of Education for the
year 1 9 6 8-6 9?
A Yes, it is.
.Q Has that contract been renewed?
A No, it hasn't.
Q I show you Plaintiffs' Exhibit No. 32 -- strike
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that, please.
Miss Head, I show you Plaintiffs' Exhibit No. 8,
which is the letter of March 10, 1969. Is that a letter that
you wrote to Mr. Ellenburg with a copy to Mr. Blakeney
concerning renewal of your contract?
A Yes, it is.
Q And is the letter of March 9 , 1 9 6 9 , a letter from
Mr. Blakeney, the Superintendent of Schools, to you in respond
to your letter?
A Yes, it is.
Q Pertaining to the renewal of your contract, is that
correct?
A Yes.
Q Now I show you Plaintiffs' Exhibit No. 32 and ask
you if you recognize it as being your Certification from the
State of Georgia, Department of Education?
A Yes. This is an original copy of my T-4,
Q And it certifies you in Business Education?
A Yes.
q What is the significance of T-4? What does that
mean, if you' know?
A Teacher Professional.
Q And does it have any relationship to your academic
attainments?
A Before we could obtain a certificate we must
/sc
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complete the required courses at some accredited college.
Q And you attended Ft. Valley State College?
A Yes.
Q Do you know whether or not that is a Division of
the University of Georgia System?
A Yes.
Q When did you graduate from Ft. Valley State?
A I graduated in June, 1966.
MR. MOORE: Your Honor, we move the admission of
Plaintiffs' Exhibits 33 and 32, the contract and certificatio
MR. GUNTER: 32 and 33, no objection.
THE COURT: Let them go into evidence.
MR. MOORE: You may examine, sir,
-0- I
CROSS EXAMINATION
BY MR. GUNTER:
Q Miss Head, you grew up in Griffin, Spalding County,
didn't you?
A Yes, I did.
Q And you went to the public schools there?
A Yes.
q And after finishing public schools there you went
to Ft. Valley College at Ft. Valley, Georgia?
A That is correct.
Q And you graduated there, and upon graduation there
— -............................................ 334____
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you made application to the Gainesville School System for
employment?
A Yes.
Q And you were employed in the Gainesville School
System immediately after your graduation?
A Yes.
Q And you are certified in Commercial Education?
A That is correct.
Q You are not certified as an English teacher?
A No, I am not certified in the field of English, but
this past year -- we were supposed to get this English
teacher, but for some reason he had to go into the Armed
Forces, and they didn't see fit to hire an English teacher,
so we had to absorb the courses that ordinarily an English
instructor would have, and this explains the reason why I had
this English course for this past year.
Q Well, isn't it a normal thing for teachers to teach
one class out of their certification field? Do you know any
other teachers that are doing this?
A Yes.
Q So this is not unusual, is it?
A In some instances, yes, I would say yes.
Q In some instances it is unusual? Can you answer
my question: You are not certified by the State as an Englis l
teacher, though?
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338
A No, I am not.
Q Nov;, when did you first learn, Miss Head, that your
contract would not be renewed for the year '69-'70?
A On March 6th of this year.
Q How did it come about that you learned that your
contract would not be renewed?
A Well, I was informed by Mr. Ellenburg, who is the
Assistant Superintendent.
Q Had Mr. Baylor talked to you previously before you
talked to Mr. Ellenburg about it?
A About two or three minutes before, yes.
Q What did Mr. -- Mr. Baylor is the principal?
A Yes, he is, principal of the E. E. Butler High
School.
Q And he had told you that your contract was not goin^
to be renewed a few minutes after you talked with the
Assistant Superintendent?
A Yes.
Q Did he tell you that the Assistant Superintendent
was on the way out there for a conference with you?
A Would you like for me to tell you how it all happen*
Q Yes.
A Well, this was in the morning. On the morning of -•
Q Can you speak a little louder?
A On the morning of March 6th, 1969, this was during
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my planning period, and I was in a classroom preparing, planni
for my classes I would have for that particular day, and I
was called to the office on the intercom by the secretary.
I went around to the office to see why they were
calling me, and the principal, Mr. Baylor, called me into
his office, and when I went into his office he told me that
the first -- the first thing he told me is that we are losing
a lot of students to the county, and because of this loss
I would not receive a contract for that particular year. And
he told me that Mr. Blakeney had asked that I come down to
his office that evening about 4:00 O'clock, once I got out of
school, he was going to explain to me why,
I stated to him that if he were going to tell me
the same thing, then I would just accept tne principal s
word for it.
And he suggested, he said, "Well, Mr. Ellenburg
is supposed to come out to the school, and I will ask him if
he will see you while he is out here."
And he called down to the central office and talked
with Mr. Ellenburg and asked him if he would just speak to
me and tell me while he was in the building.
So I assumed Mr. Ellenburg agreed to do this, becat
a few minutes later he did appear, and he told me basically
the same thing.
Q All right.
i* o
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Now, did you tell Mr. Baylor that you were not going
to the Superintendent's office?
A No. Those were not my words.
Q Well, what did you tell him with respect to not
going to the Superintendent's office?
A Well, I told him that I would accept his word
inasmuch as he had been informed-by the central office, that
I might as well take his word for it if I was not going to
receive a contract.
Q Did you not also tell Mr. Baylor you weren't
coming back anyway and it was perfectly all right?
A No. This is the way the conversation went. Once
Mr. Ellenburg came to the office, and I was sitting there,
Mr. Baylor was at his desk, and Mr. Ellenburg and myself were
in Mr. Baylor's office, and he told me that they were losing
students to the county and that they wouldn't have need for
another Commerical teacher at Bulter High School, because the
enrolment was being reduced.
I asked him how did he know he would not need
another Commercial teacher, because contracts had not been
returned, and it could be that someone might remain.
He said, "Well, we don't offer contracts to persons
unless we can assure them of a job."
Then he said after the contracts had gone out that
they would, if someone resigned,, they would consider me for
iff
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the position. And he also stated --
I asked him how did he go about deciding who would
remain and who v/ould not remain in a case like this, and he
said it was based on seniority. He told me about the number
of years that all the Commercial teachers had been in the
system. He said that Miss Carter, who is the other Negro
instructor of Commercial Education at Butler High School,
had been in the system about seven or eight years and, theref
she had more experience than I had, and she had been in the
system longer, so she would remain.
Okay. Then he also cited the instance, about the
other teachers of Commercial Education, He said that over
at Gainesville High School one teacher had been in the system
longer than I had, about the same number of years that Miss
Carter had been in the system, and that the other teacher had
been in the system as long as I had or longer. Those were
his words.
Q You did not say anything about you weren't coming
back and it was perfectly all right, you weren't coming back
anyway?
A The statement I made -- I did make a statement
relative to that effect. He told me that after the contract
had gone out, if there was a vacancy, then they would offer
me a contract.
So I made the statement that if I could not receive
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342
a contract when everyone else received one, that I would not
be interested, and this is why I wrote -- later wrote this
letter to him.
Q So it really made you mad, did it not, Miss Head,
that you were not considered -- that you were not reoffered
a contract? You got mad, didn't you?
A It wasn't really that I got angry. It was just thai
I could not understand why I was being fired when they told
me that there wasn't anything wrong with my work.
Well, I could have very well understood if I had
been asked to resign and if I had had the privilege of
resigning. But he said — he told me, "You are not being
fired. You are being dismissed."
Well, I said, "Well, I am not receiving a contract.
I don't have the privilege to resign. It is tne same thing
as being fired."
Q And this is the way you took what Mr. Bllenburg
said, and Mr. Baylor, that you were being fired?
A Yes. And I still say that I am being fired.
Q All right.
Now, Mr. Ellenburg did tell you -- did he tell you
that the only criteria for keeping teachers was seniority?
A Yes. First he told me it was a loss of students,
and then when I asked him how did he decide who stayed and
who remained and who went, he said, "Well, you are the last
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person to come into the system; therefore, you will be the
first person to go." So this in itself will be pointing up
seniority,
Q Did Mr. Ellenburg tell you that your qualifications
were compared with the other three teachers in the system?
A No. He didn't mention anything about evaluation.
It didn't even come up. Evaluation sheets, nothing of this
nature came up. What I have told you is all that he said.
Q Did he tell you that he had four Commercial Educate
teachers in the system now —
A Yes.
Q — at that time?
A Yes, he did say that.
q Did he tell you that he anticipated there would
only be three in the system next year?
A Yes, . sir. He didn't say it, but I could assume-
this from the facts that he mentioned.
Q And he did not tell you that you were compared with
the other three teachers?
A No, he didn't even mention it,
Q Now, after you — did you refuse to go to the
Superintendent's office?
A No, I did not refuse to go. When I stated -- I
mean, when I made this statement to Mr. Baylor, when Mr.
Baylor said, "Well, I will call him and ask him if he will
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4 4 8 A. 344
see you when he comes out, since he's already coming out
Q Did you tell Mr. Baylor that you did not intend
to go to the Superintendent's office?
A No, I did not.
Q You told him that you would just take his word for
it, though, and it was not necessary for you to see the
Superintendent?
A No, I didn't say it wasn't necessary. I said, "WelL
I'll take your word for it."
Q Well, do you think it would be fair to say that Mr.
Baylor could draw the conclusion that you were not going to
go to Mr. Blakeney's office from his conversation with you?
A No, it wouldn't be fair,
Q That would not be fair —
A No, it would not be fair.
and he said that he would see me, then I thought that this
was sufficient.
Q All right.
- to draw that conclusion?
You were perfectly willing to go to Mr. Blakeney's
office and discuss it with him?
A Yes.
Q But you did not do so?
A Since Mr. Ellenburg was coming out to the school
Then the next thing you did was you wrote your
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___________________________________________________ 3*+5_____
letter to Mr. Blakeney?
A I directed my letter to Mr. Ellenburg, since he was
the one who told me.
Q And you sent a copy to Mr. Blakeney?
A I sent a copy to Mr. Blakeney.
Q This is when you said you changed your mind and you
did want to be considered for a place in the system?
A Those are not my words on the letter.
Q . Do you have a copy of your letter there?
A No, I haven't.
MR. GUNTER: What exhibit is that?
. MR. MOORE: I think it is 7 and 8,
BY MR. GUNTER:
Q I refer you to Plaintiffs' Exhibit No. 8, Miss Head,
which is a copy of a letter which is signed by you addressed
to Mr. Otis M. Ellenburg, Jr., Assistant Superintendent,
Gainesville Schools, with a copy of it to Mr. Baylor, the
principal, and a copy to Mr. Blakeney, the Superintendent
of Schools, and then you say:
"As a result, I responded without giving proper
consideration to the situation."
Now, what did you mean by those words in this letter
A Well, I think that is simple enough.
Q Well, you say "I responded". What did you mean by
"responded"? To whom were you talking about responding to?
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V>'4'A.
Mr. Ellenburg or Mr. Baylor?
A Well, they were both present, and, of course, Mr.
Baylor did not take, an active part, because Mr. Ellenburg
was there to inform me.
Q Well, don't you think it would be fair to conclude
from what you told Mr. Ellenburg and Mr. Baylor that you did
not care to be considered?
A This is why I wrote the letter. This is what I
said at the time of the conference, but this is why I wrote
the letter, so that he would know.
.Q All right, this meant that you had changed your
mind since the conference, which was on the 6th of March,
and the letter which was written on the 10th of March, 1969?
you changed your mind about wanting to be re-employed in the
Gainesville System, did you not?
A My mind was already made up, but because of --
because of being told that I was not going to receive a
contract, and there wasn't anything wrong with my work, this
would have been a shock to anybody just to be fired and they
have no complaints about your work, and this is why I say
that the news came as a shock, and this is the reason I
responded as I did, and that is why I say, after giving
more consideration to it, then I came up -- I decided to
write the letter.
Q All right.
y V ?
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Did you confer with anybody about this before you wrote
the letter?
A Yes.
Q Whom did you confer with before writing the letter?
A My parents and friends.
q Did you confer with someone connected with the
G.T.& E.A.?
A Yes. Most of my friends are members of the G.T.& E.
Q Did you confer with a Mr. David?
A Yes. He is a friend. We discussed -- we discussed
it.
Q And did he advise you to write the letter, change
your mind and write the letter?
A No, he did not.
Q He did not.
Is Mr. David a member of the G.T.& E.A.?
A Yes, he is.
Q Where does he reside?
A Atlanta, Georgia.
Q And where does he teach school?
A He'taught in Thomson, Georgia.
Q Thomson, Georgia, last year?
A Yes.
Q But after these conferences, then, you decided to
write the letter to Mr. Blakeney on March 10th?
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________________________________________ _______________348
A It was — it was coincidental it happened after the
conference. The conference had nothing to do with my
deciding to write the letter.
Q In other words, no one advised you to write the
letter, then?
A No one advised me to write the letter.
Q You just wrote it of your own accord?
A I decided to write the letter.
Q Your parents did not advise you to write the letter
A No, they did not.
Q And none of your friends?
A (Witness nods negatively)
Q Now, after that, a couple of days after you wrote
the letter, you had a conference with Mr. Blakeney in his
office when Miss McCrary was present and you were present
and Mr. Baylor was present and Mrs. Trawick was present, is
that correct, and Mrs. Mack?
A I don't recall the date, but we did have a conferenc
in his office,
Q A short time after you wrote the letter, a few days
or a week or so approximately?
A A week or so.
Q A week or so after you wrote the letter to him.
Now, what did Mr. Blakeney tell you in that conferen
Miss Head?
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A In that conference he told me -- in the conference
— at the conference in his office?
Q Yes,
A Well, there was another conference before this one.
Q All right, let's go back to the first conference,
then. Who was present at the first conference?
A The first conference was when I was first told,
and that was Mr. Baylor, Mr. Ellenburg and myself.
Q All right.
A And that was at Butler High School.
Q All right.
Mr. Blakeney was not involved in that conference?
A No, he was not.
Q I am talking about the first conference at which
Mr. Blakeney, the Superintendent of Schools, was present.
Wasn't your first conference with him the one that Miss
McCrary has testified about already that you heard?
A I don't recall -- I don't recall the date. I
recall the two conferences with him. I don't recall which
conference came first, but we have had two conferences with
him.
q You had two conferences with Mr. Baylor -- Blakeney
A One conference whereas the local unit was present,
and another conference whereas only the persons directly
involved were present.
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Q All right.
Which one took place first? The one with the local
unit of the G.T.&E.A., did that take place first?
A No. The one where only the persons involved.
Only the persons involved and their principals and
sup er int end ent s?
A Yes.
Q That is what I want to know.
What did Mr. Blakeney tell you and the principals
and Miss McCrary at this conference?
A Well, at this particular conference he told me that
I had been misinformed and that it wasn't because of the last
person to come into the system but it was because I had a
lower evaluation than the other Commercial teachers, and this
is when the story took a turn, when it changed and this
evaluation came up at this conference.
Q Did he tell Miss McCrary the same thing?
A Well, I can't testify as to what he told Miss
McCrary.
Q But this was your -- on the first conference that
you had with Mr. Blakeney, he explained the evaluation of all
teachers in the system certified to teach Commercial Educatioi
didn't he?
A No, he did not.
Q Well, what did he tell you? I thought you said he
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351
just stated that the evaluation was told you.
A He said that the reason that I was not being -- he
told me that I had been misinformed by Mr. Ellenburg and the
reason I was not being re-hired was because I had a lower
evaluation than the other four Commercial teachers. This was
the first time that evaluation had entered into the picture.
Q All right.
And this was your first conference with Mr.
Blakeney?
A Yes.
Q All right.
Now, you did not have a conference with Mr. Blakene;
on March 6 as you were requested to have?
A I wasn't asked to have this direct conference.
Q Mr. Baylor did not tell you that the Superintendent
wanted you to come to his office at 4:00 o'clock P.M. on
March 6?
A No. . That is not the way he put it.
Q How did he put it?
A He said that the Superintendent would like for me
to come down to the office.
Q But you did not go?
A And he also, after that —
Q Could you answer my question?
You did not go?
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A After this statement he said that Mr. Ellenburg was
coming out to the school and he would ask him if he would
see me while he was out there, and this he did.
Q Have you heard Miss McCrary's testimony about what
Mr. Blakeney told her in the first conference about her
being ineffective?
A Yes.
Q When was your next conference with the local G.T.& A
unit and Mr. Blakeney?
A I don't recall the date.
Q A few days after your initial conference with him,
or a week or so after? The approximate time?
A It was approximately a week or so.
Q Approximately a week or so.
Who was present for this conference with Mr.
Blakeney besides yourself?
A This was — this was with the local unit.
Q You were not present?
A Yes, I was there.
Q You were there. All right, who else was -- who was
there with the local unit and you and Mr. Blakeney?
A The local unit, this includes the teachers at Fair
Street, Butler High School, the faculty.
Q Will you name them?
A The faculty of both schools, I could, but It is lorg
</r-
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457A.
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and outdrawn.
Q Can you name the persons who were present with you
and Mr. Blakeney at this conference?
A
Q
With the local unit?
Yes. Who were the persons who comprised the local
unit? Who made up the --
A The faculty of E. E. Butler High School and the
faculty of Fair Street School,
Q But I mean which — the whole faculty didn't come
to the conference, did they, Miss Head?
A I don't remember who was there and who wasn't.
Q Do you recall how many?
A I don't recall the number, because I didn't take
time.
Q Could you give me the approximate number?
A No, I couldn't.
Q Was it two or twenty? Which would be closer?
A It was more than twenty.
Q More than twenty?
A Yes.
Q So'where was the meeting — where was the meeting
held?
A This meeting was held at Fair Street Elementary
School in the cafeteria.
Q Would you estimate the number of people who were
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present for tjae meeting?
A More than twenty. I didn't count the persons, so I
really couldn't say.
Q Closer to twenty or closer to one hundred?
A Well, it would be farther from -- it would be a
great distance from both.
Q Would it be closer to twenty or closer to fifty?
A Closer to fifty.
Q So in the vicinity of fifty or sixty people were
present for this conference?
A Approximately,
Q Now, was your particular case discussed at this
meeting by Mr. Blakeney?
A Well, this was more or less a question and answer
period. Now, if you had a question concerning something that
was going on, then each person asked his own question. If
you felt like asking a question, you asked it. If you didn't,
then you didn't have to.
Q Did Mr. Blakeney state why your contract was not
re-offered to you at this meeting?
A No.
q Did he state in this meeting why Miss McCrary's
contract was not offered to her?
A He spoke more or less in general terms. As I said,
he answered questions. If we asked him a question about
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something, he answered the question.
Q Did he tell you or anybody that your contracts were
not being renewed because you were Negroes?
A That was obvious.
Q That was obvious?
He did not? tell you that, though, that it was
obvious? This is what you assumed from what he said?
A After you gather all the facts, then it is just
obvious.
MR. GUNTER: No further questions.
THE COURT: Any further questions, Mr. Moore?
MR. MOORE: Just one, Your Honor.
-0-
KE-DIRECT EXAMINATION
BY MR. MOORE:
Q Miss Head, Mr. Gunter asked you about the time that
you were summoned or was requested or something to come down
to the Superintendent's office and you didn't go down to
the Superintendent's office. Do you remember that question
and your answer?
A Well --
Q I want to know, first, do you remember those
questions and do you remember your answers?
A Yes.
Q And then you said that Mr. Ellenburg came out to
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the school, is that correct?
A Yes.
Q And you requested an opportunity to confer with Mr.
Ellenburg, is that right?
A No. This was suggested to me by the principal.
Q Mr. Baylor?
A Yes.
Q Would you state whether or not this conference with
Mr. Ellenburg, the Assistant Superintendent, was in the place
of the conference with Mr. Blakeney?
A Yes, it was. It was in the place of the conference
with the Superintendent.
D Did Mr. Ellenburg say anything or do anything to
give you that understanding?
A Yes, he did.
Q What did he do, if anything?
A Well, he told me that I -- he didn't say that he
had been sent by the Superintendent or anything of this
nature, but I merely assumed that this was the case.
q you based that on an assumption, is that correct?
A Yes.
MR. MOORE: No other questions.
MR. GUNTER: No other questions.
THE COURT: You may go down.
(Whereupon, the witness was excused from the stand.)
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MR. MOORE: We would like to call
for just two questions.
THE COURT: All right, sir.
357
Mr. Blakeney back
-0-
R. D. BLAKENEY.
Having returned to the stand, testified further as follows:
RE-CROSS EXAMINATION
BY MR. MOORE:
Q Mr. Blakeney, yesterday I asked you if you would be
kind enough overnight to check your files and give us the
date that each of the Commercial Education teachers started
with your school system. Have you done that?
A I have, sir.
Q Would you give us the date on which Miss Rosalind
Carter started?
A I believe you asked me for the contracts of these
teachers.
Q Right.
A Not the dates. I didn’t understand you asked for
the dates. You asked for the contracts of these teachers and
the number of years experience, and this I have furnished
for you.
Q Do you have the contracts, a, copy of the contract
that each of the teachers has been in your
</jr3
for each year
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system?
A I did not understand you to request that. The
contracts of last year, this is what I brought.
Q What I want to get from you is the year that each
teacher began in your system.
A I do not have that information here, because I did
not understand that that was what, you wanted.
q Could we get that information over the luncheon
recess?
A Oh, yes.
q Did you bring the salary scale?
A Yes.
q May I see it?
A Yes.
You will find that all four of these teachers are
paid exactly according to the salary schedule.
Q All right.
A And their contracts are here, photostatic copies
of every one of them. There is no deviation from the
contract made on anybody's contract. Here is the salary
schedule. Here are copies of the contracts. Each of these
people hold T-4 certificates.
Miss Carter --
q Wait a minute. That is really not responsive. I
am not asking you what kind of certificates they hold.
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A They all hold T-1*- certificates: Miss Head, Mrs.
Presnell, Mrs. Glass, Miss Carter.
Q How long have they been affiliated with your system?
A As I told you a while ago, I didn't understand you
to ask for that information. I have the number of years
experience each has had.
Q I would like to have the information with respect
to the number of years each of them has been affiliated with
your system.
A I didn't understand that is what you wanted. Had
I understood it, I would have had it.
THE CLERK: Plaintiffs' Exhibit for identification
No. 3b is a photostatic copy of the City Board of
Education, minutes of the meeting of January 9, 1969.
MR. MOORE: I should, Mr. Pressley, if you will
permit me, these are the minutes from January 6, 1969,
through and to include June 9? 1969.
THE CLERK: All right.
(Whereupon, the above documents were marked for identificatioa
only as Plaintiffs' Exhibit No. 3*+.)
-0-
MR. MOORE: Those are minutes of staff meetings
from —
THE CLERK: From February 6, 1969, through and
including May, 1969.
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464A.
360
(Whereupon, the above documents were marked for identification
only as Plaintiffs' Exhibit No. 35.)
-0-
MR. GUNTER: Are these two extra exhibits?
MR. MOORE: Right.
MR. GUNTER: Number 3^ is minutes of the board.p
MR. MOORE: And 35, minutes of the staff meetings.
MR. GUNTER: Minutes of the staff meetings?
MR. MOORE: Right.
BY MR. MOORE:
Q Mr. Blakeney, I show you Plaintiffs' Exhibit No. 3^
and I ask you whether or not these are the minutes of the
Board Meetings from January 6, 1969, through and to include,
I think, June of 1969?
A Apparently these are the Board Minutes from January
6th through June 9, and I have not looked through each one
to be sure, but apparently this Is It, and this information
was furnished,from my office. I assume that this is correct.
q Were these minutes made in the regular course of
your business?
A Yes.
q And was it in the regular course of your business
to make such minutes?
A Oh, yes, this is correct.
MR. MOORE: Your Honor, we move the admission of
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465A
370
the minutes of the Board Meetings.
THE COURT: Any objection?
MR. GUNTER: May I ask -- these are the ones I gave
you?
MR. MOORE: Right.
BY MR. MOORE:
Q I show you Plaintiffs' Exhibit No. 35 and ask you
whether or not those are the staff minutes from February 6,
1969 through about May 15, 19&9?
A These appear to be correct copies of the staff
minutes.
Q And were they made in the regular course of business
of the Board of Education?
A They were made in the regular course of the
business of the administrative staff which made up principally
the supervisory staff of the Gainesville City Schools.
q And was it in the regular course of the business
of the school board and its administrative staff to make
such minutes?
A Oh, yes. Minutes are taken of each meeting, each
regular staff meeting.
MR. MOORE: We move the admission of Plaintiffs'
Exhibits 3>+ and 35, being, one, the minutes of the Board.
and the other the minutes of the staff meeting.
BY MR. MOORE:
94
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121
Q Mr. Blakeney —
MR. GUNTER: May I ask a question about these?
THE COURT: Yes, sir.
MR. GUNTER: Have you divided these up?
MR. MOORE: No. I have put them in the chronologic^
order.
MR. GUNTER: Well, there were ten pieces clipped
together yesterday. There are many more than that now.
I wondered if you took them apart and re- —
MR. MOORE: No.
MR. GUNTER: I didn't give you but ten, and there
are —
THE COURT: Gentlemen, if you want to have your
conversation during the luncheon hour, you may do so,
but I don't see any point in having your conversations
in the courtroom,
MR. GUNTER: I object to the admission of them in
that I think some of them — I find markings made on
them, names written, and I need to get this straightened
out with him.
THE COURT: You can get together at lunch. I will
withhold it from the evidence temporarily until you have
a chance to see whether you can work it out, and, if you
can't, then I will pass on it.
MR. MOORE: Yes.
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4G7A Q
BY MR. MOORE:
Q Mr. Blakeney, at the end of the school year 1967-68,
how many Negro or black teachers did you not renew?
A Only three, as I recall. We did not renew the
contracts of Miss Head, Mrs. Mack, Miss Clara Belle McCrary.
We have two others that have conditional contracts. They
have been offered contracts on certain conditions.
Q Who are they? Mrs. Harris and Mrs. Fortson?
A And Mrs. Fortson, yes.
Q But now I am asking you about the previous year,
’67-'68, and I would like to know how many Negro teachers did
you fail to renew that year?
A I do not recall failure to offer contracts -- we
had some resignations. I do not recall failure to offer
contracts to any Negro teachers who asked for contracts to be
renewed.
Q Since 1966 there has been a steady reduction in
the percentage of the number of Negro teachers on your
faculty, is that not correct?
A I am not sure that is correct. We have had -- I
am not sure that that is correct.
q At least in your minutes, in the minutes of the
staff meeting for May 1, 1969, you have done a compilation
of the percentage of the Negro faculty, and for each year it
shows a reduction.
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For example, 1966-6 7, there were 37 per cent Negro
faculty.
'68-69, there was 26 per cent Negro faculty.
In '69-'70 there is 25 per cent Negro faculty.
You measure that by the percentage of Negro students
in the student body, oand for '66-'67 you had 397 per cent
Negro or black student body; for 168- 16 9, 34 per cent black
student body; and for '69-'70, 29 per cent black student body.
So, based upon your own examination of your records,
you have shown a reduction of black staff, faculty staff?
A This information was given to the principals in a
meeting. It did show a reduction in both black staff and
black pupils,
MR. MOORE: Thank you very much.
THE COURT: You may go down, sir.
(Whereupon, the witness was excused from the stand.)
-0-
MR. MOORE: Your Honor, we have one other witness,
and we are going to conclude after that. This witness
may take fifteen minutes to a half hour.
THE COURT: Well, we will recess until 1:45. Maybe
we can get back by then. We will take a recess until
1:45.
(Whereupon, Court was recessed at 12:43 P.M., reconvening at
1:56 P. M.)
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469 A. ©
______________________
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AFTER RECESS
THE COURT: I apologize, gentlemen. I didn't know
whether I would be back at a quarter of 2:00, but I
apologize for being late.
MR. MOORE: We are ready to proceed.
THE COURT: All right, sir.
MR. MOORE: The Plaintiffs call at this time
Doctor Horace Mann Bond.
THE CLERK: Will you take an oath, please.
The evidence you .shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
individually and as Superintendent of Schools, and others
shall be the truth, the whole truth and nothing but the
truth, so help you God.
DR. BOND: I do.
CLERK: All right, sir, just have a seat on the
witness stand.
-0-
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DR. HORACE MANN BOND,
Called as a witness by the Plaintiffs, after having first
been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. MOORE:
Q V/ill you state your name, please?
A Horace Mann Bond.
Q Where do you live?
A Atlanta, Georgia, 361 Lee Street, Southwest,
Atlanta, Georgia.
Q Dr. Bond, what is your educational background?
A Well, I graduated from college at Lincoln Universit;
in Pennsylvania in 1923. I later studied at the University
of Chicago where I took my Master of Arts Degree in 1926 and
my Doctor of Philosophy Degree in Education in 1936.
Q At the University of Chicago?
A University of Chicago.
Q Doctor, could you tell us what your employment
history has been in the field of education?
A Well, I started off as head of the Department of
Education at Lancaster University in Oklahoma. That was in
1924.
Following that I was Director of Extension at
the Alabama State College at Montgomery, Alabama.
Then I became Professor of Education at Fisk
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471A
University in Nashville, Tennessee, where I remained until
1929, after which I did some research work for a couple of
years. Then I was employed again at Fisk University as
Professor of Education, following which employment I was at
Dillard University in New Orleans, Louisiana. Then I came
back to Fisk University as head of the Department of Educatio
I then went to the Ft. Valley State College in
Ft. Valley, Georgia, where I remained from 1939 until 19*+5,
after which I became the President of Lincoln University in
Pennsylvania, where I was between 19^5 and 1957.
I then became the Dean of the School of Education
at Atlanta University, in which position I remained until
1967, when I became Director of the Department of Educational
and Social Research in Atlanta University, which position
I still hold.
Q Dr. Bond, when you were at Ft. Valley State College
were ,you in a teaching position.or were you president of the
college or what?
A I was president of the college at the Ft. Valley
State College.
I might say, though, I have, as president or not,
I have always kept a class. I have taught.
Q Dr. Bond, have you contributed to any learned
periodicals and publications in the field of education?
A Yes, I have published 60 or 70 articles in learned
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472A
journals and so on in the field of education. I have publish^
four books in the field of education, one THE EDUCATION OF Till
NEGRO and THE AMERICAN SOCIAL ORDER that was published first
in 193*+, and reprinted in 1966.
Then the book NEGRO EDUCATION IN ALABAMA was
published first in 1939 and was reprinted -- well, it was just
reprinted this year.
And, in addition to that, there is a book EDUCATION
FOR PRODUCTION, which was a wartime book really published
to stimulate agricultural production by school children and
whatnot during the war.
Then the book SEARCH FOR TALENT, which was the
ENGLISH lecture at Harvard University in 1957? and so on.
Those are the books I have written.
Q Doctor, are any of your publications considered
classics and still used by universities and colleges?
A Well, yes, I think I could say that, because this
last reprint of NEGRO EDUCATION IN ALABAMA has come out in
really two publishings. Unfortunately, the copyright had
expired and two publishers have reprinted it quite recently,
and it is a well-known book.
Q Doctor Bond, have you lectured to colleges and
universities and to learned professional societies on educatio
subjects?
A Yes.
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Q Would you give us an example of those, sir?
A Well, the University of Michigan, among other
places, University of Georgia, the West Georgia College,
among others, and Wayne State University this spring, and a
number of other institutions.
Q Have you lectured both in this country and in foreir
countries?
A Yes. I was a member of the staff of a United
Nations Educational, Scientific and Cultural Organization
in England in 19̂ -8. I was a member of four or five people
that taught, and I did work with that.
And I have lectured also in Africa at the University
of Nigeria, the University of Lagos, University of Ibadan,
and so forth.
Q Doctor, would it be fair to say you have lectured
throughout the United States to learned societies and
educational bodies on the subject of education?
A Yes, yes.
Q Doctor Bond, are you a member of any professional
societies concerned with education?
A Yes. I am a member of the American Educational
Research Association. I belong to the American Association
of School Administrators. I hold membership in the American
Sociological Society, and a number of others, History of
Education Society, and so on.
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4 7 4 A. •••--•©
_____________ __________________________________ rza ____
Q Dr. Bond, have you received any honorary degrees?
A I have two honorary degrees, one from Lincoln
University in Pennsylvania and one from Temple University in
Pennsylvania, Philadelphia.
Q Would you state whether or not during the course of
your — strike that, »please.
Have you engaged in any, learned educational research
touching upon educational subjects?
A Yes. I was employed -- co-employed, rather, at
Peabody College to do a research to determine what were the
features of a good school back in 1938-39.
And then I did a research for the Rosewald Fund
on education in the South. I had a collaborator. He and I
went around to the schools in six counties in three states,
in North Carolina, Alabama and Louisiana, and we administered
tests to all of the.white and Negro children in the third and
sixth grades. It was between 1930-33? I believe.
Q Dr. Bond, have you engaged in the teaching of school
administrators and school teachers?
A Yes. As part of my activities, more or less, as
connected with these various educational institutions. I
remember at Fisk University, for example, I helped conduct,
with Mr. Lester, who was once with the Georgia State Departinert
of Education, a workshop for principals. That was back in
1938. V/e did a little book on the subject.
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475A.
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In addition to that, I have participated in the
teaching and education of administrators and so forth at
Atlanta University and other places, Ft. Valley State College
and other places.
MR. MOORE: Your Honor we move to accept the
witness as an expert on schools and school administration
THE COURT: Of course, he has a right to cross-
examine him.
MR, MOORE: Yes, sir.
THE COURT: Go ahead. This is a non-jury hearing.
MR. GUNTER: We will admit the Doctor's qualificatio
THE COURT: All right.
BY MR. MOORE:
Q Dr. Bond, do you have a professional opinion as to
what are the criteria for determining the effectiveness of a
teacher?
A Well, there could be a great many. I think somebody
wrote a book once listing 200,000 traits, or something of
the sort. But, to condense that enormous task, I would say
that the question of the certification that the teacher holds
is one of the best criterion that could be considered.
Now, another criterion, one of length of service,
the experience of the teacher.
And a third one, I would suggest, would be the
degree to which the teacher is interested in children and
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476A.
381
books.
Q Dr. Bond, would you give us your reasons for each
of the criteria that you have just testified to?
A Well, for certification, one of the -- it does
indicate a minimum of education. For example, in this state
presently, the State of Georgia, the certification of a
teacher means that that teacher has had at least four years
of education beyond the high school and the like, and it also
indicates that this teacher has been exposed to educational
experiences of various sorts, a minimum.
Another reason I like it is that the teaching
staff itself, that is, the core .of teachers participates in
the making up of the certification requirements, because the
State Department of Education follows the tactic of having
teacher committees representative of the teaching profession
who participate in the listing of those criteria and so on.
Well, those are some of the reasons why I am fond
of the question of certification in itself as a criterion.
The next one that I mentioned was length of service ,
and the length of service of a person does indicate the
degree to which this teacher has been exposed to his craft
and the practice of it.
As in every craft or profession, the presumption
is that the more experience the individual has with the
skills and so on involved the more competent this person
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477A
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becomes. So it is for that reason that I believe that
experience is of considerable importance as a criterion in
the measurement of a teacher's effectiveness.
Third, I would like to suggest or did suggest that
my third criterion would be the teacher's interest in books
and in children, of course. I say that because books, as
the vehicle by which words are conveyed, are enormously
important, it seems to me, in the formation of the child,
because the use of books and reading seem to me to be the most
one of the most important things that a child needs to attain,
reach,
MR, MOORE: Very well, you may examine him.
-0-
CROSS EXAMINATION
BY MR. GUNTER;
Q Dr. Bond, you do not know either one of the Plaintif
in this case, do you?
A Yes, I know one of them, I believe. Miss — what
is her name? A former student of mine -- McCrary.
Q Miss McCrary?
A Yes.
Q How long have you know Miss McCrary?
A I have known her for -- I can't specifically say.
She was enrolled at one time at Atlanta University in the
School of Education when I was the Dean thereof
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383
© . 4 7 8 A - Q
383
Q Did you teach Miss McCrary?
A I don't recall whether she was enrolled in my class
or not, I may have.
Q You do not recall whether she was in your class or
not, then?
A No, I don't. You understand, we have these hundreds
of people and so on.
Q Right.
A And I would apologize to her if she has. I don't
have an individual reflection on it.
Q Do you know her well enough, Doctor, in your
opinion, to state what kind of a teacher she is? Do you
know her well enough to be able to state this?
A Well, my presumption would be that she was a
good teacher, but it would have to be a presumption, of
course, because I don't know her that well.
I know she is an intelligent person. She was a
good student, and that sort of thing. But I am really not
familiar with her teaching or the qualities to make a judgmert
on it.
Q Now, how about Miss Head? Did you know her before
this —
A Miss Who? Trawick?
Q No, Miss Head, the other Plaintiff in this lawsuit.
Did you know her before this?
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479A 184
A I am not too sure. Again, she may have been one of
my students at Atlanta University, but I don't recall her.
■ Q Miss Head went to Atlanta University?
A I don't recall that. Really I am just presuming
that she may have. I don't know.
Q All right, sir.
Now you stated that there are many criteria for
judging the qualifications or effectiveness of a teacher, is
that correct?
A Yes,
Q And you named only three?
A Yes.
Q Now, you do not mean to say that there are not many
many more that go into -- many factors that go into such a
judgment?
A Oh, no. As I say, I think it was Charter's famous
study in which he listed no end to 200,000 traits, so to
speak, that might go into the effectiveness of a good teacher
Q All right, sir. You stated one of them is
certification. You know that all teachers in Georgia are
required to be certified by the State, do you not?
A Yes.
Q The other that you mentioned is length of experienc
If two teachers have an equal length of experience in teachir
in the same field, would you say that they are equally
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480 A
_______________________________________________________ 185_______
qualified or effective or competent as teachers?
A You say if two teachers have the same experience?
Not necessarily so,
Q In other words, experience would be just one factor
In determining which of those two teachers was the most
effective teacher, would it not?
A Yes, I would think so.
Q Now, the third criteria that you gave is the teacher'
interest in books and in children. Do you know of teachers
who had interest in books who were poor teachers?
A To tell you the truth, no. I believe every teacher
I have known who was greatly interested in books was a good
teacher.
Q All right, sir.
Have you ever known a teacher who was very
interested in children who was not a good teacher in the
classroom?
A No, I haven't.
Q In other words, would it be fair to say that all
teachers who are interested in books and all teachers who
are interested in children are good teachers?
A In my opinion.
Q Nov;, you add "in my opinion". Dr. Bond, isn't an
evaluation of a person predominately subjective on the part
of the evaluator?
¥ 7
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A I think so,
MR. GUNTER: No further questions.
-0-
RE-DIRECT EXAMINATION
BY MR. MOORE:
Q Dr. Bond, the criterion you listed is more or less
objective, is it not?
A Sir?
Q I say the criteria you listed is more or less
subjective, is it not?
A Yes.
MR. MOORE: You may come down.
May this witness be excused?
MR. GUNTER: Just a moment.
-0-
RK-CROSS EXAMINATION
BY MR. GUNTER:
Q Whether a person should be certified or not as a
teacher, you say that this is an objective criterion?
A Yes.
Q How is that objective criterion exercised?
A Well, the State Board of Education entertains
applications for certification, and the State Department of
Education then examines the qualifications of the students
for these certificates of certification and so on which are
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387
more or less based on — well, not more or less, they are
based on objective items.
For example, one of the objective items is the
possession of a Baccaulerate Degree.
Another objective item is a recapitulation of the
curriculum that the student has followed. They evaluate,
for example, the amount of study this teacher has done in
certain curriculum aspects, curricular aspects, subjects and
so on, and the like.
Q Dr. Bond, whether a person attains a Baccaulerate
Degree involves someone's subjective analysis of what that
person has done, does it not? The teachers? The professors?
Isn't determining what grade a person makes or
whether a person passes or fails, isn't a great deal of
subjective judgment entered into in such a decision?
A Well, to a degree, I suppose so.
Q All right, sir.
A But I don't see what relevance that has to the fact
that this is an objective criterion.
Q All right, as far as length of experience is
concerned, do you think that nothing subject goes into
rating a person or evaluating a person based on his length
of experience?
A There doesn't have to be. So many years or so
many months or that sort of thing of activity in this area,
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388
I mean, the calculation of the experience is totally, it
seems to me, an objective sort of thing. It is a matter of
counting.
Q Dr, Bond, do you think a teacher who has had twenty
years experience at MIT in physical science would be rated
the same by you as a teacher who has had twenty years at the
University of Georgia in physical science? Would you say
that on the basis of experience alone these two people are
equally qualified?
A I would think so.
Q Thank you, sir.
Now, the third criteria you gave was the teacher's
interest in books. Is this a subjective or objective
evaluation as to whether or not a teacher has an interest
in books?
A No, you could do it by observation. You could
estimate it by observation of the teacher and the like.
Q If I observed teacher A, trying to determine what
her interest in books is, and you observed teacher A to
determine what her interest in books is, do you think that
we would come up with the same evaluation of her interest in
books?
A We could, and we could not -- would not.
Q Thank you.
You would say the same thing for the teacher's
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4 8 4 A ©
interest in children, would you not?
A Yes, I think so.
MR. GUNTER: Thank you, sir.
MR. MOORE: I have no other questions.
Does the Court wish to examine Dr. Bond?
THE COURT: I have no questions.
Any objection to excusing this witness?
MR. GUNTER: No objection.
THE COURT: You may be excused, if you desire.
MR. MOORE: You want to have a seat in the courtroom
THE WITNESS: Sir?
MR. MOORE: You can have a seat in the courtroom
back there.
(Whereupon, the witness was excused from the stand.)
- 0 -
-------_________________________________________ 889
MR. MOORE: Your Honor, if there is no objection
from Mr. Gunter I would at this time like to offer as
Plaintiffs' Exhibit No. 36 a contract entered into
between Hall County and the Gainesville Board of Educati
for the education of Negro children from the county,
dated November 3rd, 1953, with an amendment of 19&1.
THE COURT: Is there any objection?
MR. GUNTER: No objection.
THE COURT: All right, let it go in evidence.
MR. MOORE: Your Honor, we move the Court at this
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485A
390
time to judicially notice Section 607 of Title 32,
Georgia Code Annotated, Acts 1964, Pages 3 and 9, to the
following effect:
"Local Units of School Administration, Employment
of Personnel: All teachers, principals, other certified
professional personnel and all other school personnel
of local units of administration shall be employed by
local boards of education on the recommendation of the
Superintendent of Schools of the local unit; provided,
however, any board, by a vote of three-fourths of the
entire membership of such board, may employ teachers,
principals, other certificated professional personnel
and all other school personnel without the recommendatio:
of the Superintendent. Minimum qualifications for
employment of all school personnel may be prescribed
by the State Board of Education unless otherwise
provided by law. Employment contracts of teachers,
principals and other certificated professional personnel
shall be in writing and shall be signed in duplicate
by such personnel on their own behalf and by the local
Superintendent of schools on behalf of the local board
of education."
That is the end of that section, Your Honor.
THE COURT: I will take judicial notice of that
code section. In fact, I think I noted it in my order
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of last Friday.
©
391
MR. MOORE: Yes, sir, you did, yes, sir.
Your Honor, at this time we want to move formally
for admission into evidence the following exhibits:
Exhibit No. 7, which is the evaluation of four
individual teachers in Commercial Education. Our
original reservation about admitting that was that Mr.
Baylor is not here, but we are going to take his
deposition. I think we might as well do it at this time
MR. GUNTER No objection.
THE COURT: All right, let it go into evidence.
MR. MOORE: Plaintiffs' Exhibit No. IV, evaluation
of Miss Clara Belle McCrary;
Plaintiffs' Exhibit No. 15, lesson plans submitted
by Miss Clara Belle McCrary;
Number 16, a brochure;
Number 18, phases of art and suggestions;
Number 19 , drawing of art exhibits;
Number 20, publication of Reader's Digest;
Number 21, manual;
Number 22, book entitled "Fun with Language Arts."
Number 23, book entitled "New Reading Skilltext
Series, Uncle Ben", that is Number 23;
Number 2b is a book also;
Number 25 is another book;
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487A O
322
Number 26,
material;
sample text of the fourth grade reading
Number 27, a spelling book;
Number 28, handwritten supplementary materials;
Number 29, charts;
Number 30,
Schools” ;
"Teaching word recognition in Georgia
And Number 3*t, City Board of Education, minutes of
January 6, 1969, to, I think, May, 1969, and staff
meeting minutes from February to May 17, 1969.
THE COURT: Is there any objection to any of that?
MR. GUNTER: That is Number 35,, isn't it?
MR. MOORE: Right, 35.
THE COURT: I think all of those exhibits now have
been admitted formerly, have they not, Mr. Clerk?
THE CLERK: No, sir.
THE COURT: Which ones have not?
THE CLERK: All of those he called out have hot
been tendered until this point. They were identified
but not tendered.
THE COURT: V/hat was I do with all those?
MR. GUNTER: May I ask one question?
THE COURT: Yes, sir.
MR. GUNTER: Number 36 is the Negro contract
which has already been admitted, is that correct?
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121
MR. MOORE: That's right.
MR. GUNTER: All right, do I understand that you are
not tendering Number 31?
Mr. MOORE: Excuse me?
THE CLERK: It has been admitted.
MR. MOORE: • Number 31 has been admitted.
MR. GUNTER: Has been admitted.
What about Number 32?
MR. MOORE: It has already been admitted.
MR, GUNTER: All right, now, this includes all
exhibits?
MR. MOORE: Right.
MR. GUNTER: No objection.
THE COURT: All right, let them go into evidence.
MR. MOORE: Your Honor, at this point the Plaintiffs
rest.
THE COURT: All right, sir, you may proceed for
the Defendants.
MR. GUNTER: Mr. Blakeney, will you take the stand,
please?
-0-
R. D. BLAKE INK Y .
Having returned to the stand, testified further as follows:
DTRECT EXAMINATION
BY MR. GUNTER:
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Q Mr. Blakeney, will you explain to the Court what is
done by your office in determining whether contracts will be
re-offered to teachers in the system for the ensuing year?
A At the end of each school year, or near the end of
each school year, the principals are requested to turn in
to the Superintendent", they are required to turn into the
Superintendent of Schools an evaluation of each teacher on
the particular faculty over which this principal has
supervision.
Of course, this evaluation is based on his
observations, not just at a particular time, but over the
total school year.
I go over these evaluations with each of these
principals personally. The Assistant Superintendent also
goes over these evaluations with me. Any supervisory people
that work system-wide in the Gainesville City Schools are
called upon to give an evaluation of a person where applicable
We would not ask someone in the field of music, necessarily,
to evaluate a teacher of mathematics, but in the particular
area where there is a consultant or supervisor we do request
that they give me information concerning these people,
because it is my responsibility to recommend to the Board
of Education personnel for employment to insure, as best
we can, that all children have an adequate — have adequate
instruction and educational experiences in our school system,
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4 9 9 A
395
So for this reason I call on all the people that I
think may be of help to me in evaluating a teacher, as well
as my own observations.
Q You are employed by the City Board of Education of
the Gainesville City Schools?
A Yes, I am appointed by the local board of education
Q Now, who makes the final determination as to whethe:
a teacher personnel will be or will not be employed?
A This is prerogative of the local board of education
and the board of education does make that decision.
Q Now, how many members are there on the local
board of education?
A We have twelve members of the board of education,
and the mayor acts ex officio on our board of education.
Q Now, how many white members are there on the
Gainesville Board of Education and how many Negro members
are there on the Gainesville Board of Education?
A We have ten white members and two Negro members.
Q How long has the Gainesville City Board of Educatio
strike that.
Were Negro members on the Gainesville City Board
of Education when you were employed in the system?
A Yes. There were two Negro members of the Gainesvil!
City Board of Education when I was employed.
Q During this past year who were the two members on
-v
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491A
the City Board of Education?
A Mr. Morehead and Mr. Brown. Mr. Brown has served
all the time that I have been here until May 3 1st.
Q Now, you have got a present Mr. Brown on the Board
of Education who is a Negro now?
A It is a different Mr. Brown.
Q All right, sir.
Now, during the past year who was -- which Mr.
Brown was the Negro member?
A Mr. Austin Brown.
Q And what was Mr. Morehead's first name?
A Kyles. Mr. Kyles Morehead.
Q Now, who were the white members of the Gainesville
Board of Education last year prior to June 1st, 1969?
A Maybe I had better refer to this list. There are
so many.
Prior to June 1st, 1 9 6 9, we had Mr. Jack McKibbon,
Jr., a white member, Mr. Roy H. Turner, a v/hite member,
Mr. Perrin C. Reynolds, a v/hite member, Mrs. Jack C. Lipscomb,
v/hite member, Mr. Avery Nicholson, a white member, Mr. Raymonc
T. Buffington, v/hite member, Mr. P. Martin Ellard, v/hite
member, Mr. Clifford B. Martin, v/hite, Dr. W. D. Stribbling,
III, v/hite, Mr. G. Harold DeLong, v/hite, Mr. Austin C. Brown,
Negro, Mr. Kyles Morehead, Negro.
Q Nov/, who was the Chairman of the Board of Education
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m z k ~ Q
397
at Gainesville prior to June 1st, 1969*?
A Mr. P. Martin Ellard.
Q Now, who is the present chairman?
A The present chairman of our Board is Mr. Harold
DeLong.
Q Now, in the year just past was Mr. DeLong the
chairman of the Personnel Committee?
A He was, sir.
Q y/ill you name the other members on the Personnel
Committee of the Board in addition to Mr. DeLong.
A Prior to June 1st, Mr. DeLong acted as chairman
of the P'ersonnel Committee. Mr. Austin C. Brown, Negro
member, Perrin C. Reynolds, white, Avery Nicholson, white,
Dr. V/. D. Stribbling, III, white.
q Now, Mr. Blakeney, what is the Personnel Committee's
function on the Board of Education?
A As I understand the^function of the Personnel
^Commit t
Superintendent of Schools in
and to screen applicants that are reco ^ n d M ^ . e ^ £m--for
recommend at ion to t h e ̂ Boa.rd^a ̂ ^^rge^^—
Q All right.
A This is the way they act. They serve as counselor
to me and advisor, also, for screening candidates or
applicants for positions, and they make recommendations to
</S
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398
the Board then in session.
Q Now, Mr. Blakeney, during, .the year February, during
the month of February, 1969, did you hold meetings with
principa.ls. -a nd s t a f f- memb e r s,..and the assistant superintendent
with respect to the,_rat±n&..-o£--keache.rper-sonnel— i-rt—the-..
Gainesville System?
A Yes, I did. The minutes of the Personnel Committee
— I mean, the minutes of the staff meeting will reflect this.
Also the minutes of the Board of Education.
Q Nov/, did the principals of each school in January
or February, 1969, meet with the Personnel Committee?
A Yes , they did .
Q And all principals were present at this meeting,
were they not?
A As I recall, all principals were present. One
board member was absent at one of the meetings, the chairman
of the board, due to illness, but I believe all principals
were present, as I recall.
Q Were all members of the Personnel Committee there?
A Yes, I believe so. I believe, as I recall, all
members of the Personnel Committee were present.
Q Now, who makes the final recommendation to the
Board as to whether or not a teacher in the system will or
will not be re-employed?
A Of course, I make recommendations to the Personnel
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3SS.
Committee, and they, in turn, make recommendations to the
Board. But I make -- it is my responsibility to make
recommendations to the Board of Education concerning employme
of all personnel, other than the Superintendent, of course.
and the Board of Education, Mr. Blakeney, how many teachers
in the system did you recommend that they not be given
contracts for the ensuing year?
A Three.
Q Will you give us the names of the -- were the
Plaintiffs in this case, Miss McCrary and Miss Head, two of
the three?
A Yes.
Q Who was the third one?
A Mrs. Mack.
Q Will you explain to the Court why you recommended
that Mrs. Mack not be given a contract for the next year?
A Mrs. Mack had been employed by the Research and
Q Now, in your meetings with the Personnel Committee
A Eight teachers, I believe is correct, eight
How many of these were white teachers?
A Five of these were white.
Q And how many of these were Negro teachers?
Development Center at the University of Georgia, or through
us, a representative of the Research and Development Departme
there. We were looking for someone who had some training in
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4 9 5 A. '~~©
f̂OO
pre-school working with pre-school age children. Mrs. Mack
had studied home economics, and the Home Economics Department
of the University of Georgia is the only department, we
found, that does give a course in working with youngsters,
pre-school youngsters.
Mrs. Mack Was suggested, and she was appointed to
work with pre-school youngsters.- This program had continued
for two years but was discontinued at the current school year,
Since this program was discontinued, the position
which Mrs. Mack held was no longer -- no longer did we have
this program, so this position was done away with at the
end of the current school year.
Mrs. Mack had studied home economics but was not
professionally certified in home economics in that she was no-;
fully certified to teach home economics. She had earned
a professional certificate in elementary education, but, due
to the experience that she had had, and our observation, had
we had an opening in the kindergarten level, with kindergarten
children or younger children, Mrs. Mack certainly would have
been considered for it, but we did not have such an opening
in our school system, and we felt that she needed more
experience or that we needed to look further before employing
Mrs. Mack with the lack of experience and the lack of
professional certification.
Q Did the Board accept your recommendation with respee
y
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to Mrs. Mack?
A Yes, they did.
Q Was she written a letter advising her that her
contract would not be renewed?
A Yes. All teachers whose contracts will not be
renewed, according to the board policy, must be notified in
writing, and we do this each year.
Q And you so notified Mrs. Mack, as well as these --
as well as the two Plaintiffs?
A Yes, we did.
And either the Assistant Superintendent or I one
speak to these people in person, unless some emergency comes
up and we are out of town, but usually we make it a point to
talk with them, and we ask that the principals do also, so
they will understand._______________________ ____
q Now, my next questions will be directed toward your
recommendation with respect to Miss Head.
What did you do, Mr. Blakeney, in determining
whether or not you should recommend to the Board of Education
that Miss Head's contract be renewed for the ensuing year?
A Of'course, the principals and I had been working
for several weeks trying to determine the number of teachers
that would be needed, and we anticipated the number of
teachers needed for the ensuing year, and, according to our
calculations, we had determined that we would not need more
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_________________________________ _______________________________________________________________________________________________402
than three commercial teachers for the school year 1969-70.
We had four commercial teachers under contract at
that time, and we could not offer contracts to teach Commerce
Education to four commercial teachers for the school year
1969-70, because we did not have -- we did not anticipate
that we had that many positions open. Therefore, it was
necessary that we either transfer one of these people to
another area or that we not offer one of them a contract.
So, in making this evaluation, we evaluated the four
teachers that were under contract to the Board of Education.
I would say that we went over those evaluations very
carefully. I discussed with the principals involved, I
discussed with the Assistant Superintendent, and .also with__ ......... ...... , , / ... . .
the Director of Language Arts, who had given some
supervision to Mrs. Mack, because Mrs. Mack --
Q You are using "Mrs. Mack." You mean "Miss Head"?
A I mean Miss Head. Excuse me. .
-- (Continuing) because Miss Head had not had a
full teacher load of commercial subjects and had been given
English classes in the place of this. So Mrs. Green, the
Language Arts Consultant, had given some supervision to Miss
Head.
So we looked over these very carefully and tried
to determine the three that had the greatest potential for
offering the best instruction to.the students in the Gainesvi
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498 A
*+03
City Schools, and this is how we made this.
„ We determined J:hjit M.iss-.Iiead “ was , in our opinion,
the least_.efiective.of- the.four. Therefore, we decided to
offer contracts to the three that we felt were the best.
This was our honest and professional opinion, and could have
been wrong, but this” was our opinion.
MR. MOORE: Your Honor, I would move to strike so
much of the witness' answer as this is his honest opinio:
That is self-serving. He can state a professional
opinion.
THE COURT: What is the distinction you make there?
MR. MOORE: I take it, Your Honor, that the
description or characterization of his answer as being
his honest opinion, I believe, is self-serving, but I
think it is proper for him to state his professional
opinion.
THE COURT: He said it was his professional and
honest opinion.
MR. MOORE: Yes, sir. And I wanted to strike the
word "honest”.
THE COURT: This is a non-jury trial. I hope you
will trust me to be honest to separate the chaff from
the wheat.
i/ <7 1
MR. MOORE: All right, sir.
THE COURT: About the only thing I feel like I
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4S9A ©
404_____
ought to make a ruling on is whether it is a leading
question. You can't lead the witness because you would
be telling him what to say. But, aside from that, I
think I can determine what will be admissible and what
won't be admissible.
Go ahead.
BY MR. GUNTER:
Q Mr. Blakeney, was it your opinion that Miss Ulead
was the- least effective of the four Commercial Education
teachers ?
A This was my opinion, and my opinion, of course,
can .y-.' ,,r~.
was based upon the evaluations j^cii^he-^rlxiaipals^had,.given
these people, and also the counsel which had been given me
by my Assistant Superintendent who had spent more time
observing than I.
q Did you report this opinion of yours to the
Personnel Committee of the Board of Education^
A I did.
Q Did the Personnel Committee of the Board of Educati
accept your opinion in this case?
A They did, yes.
Q Then did you recommend to the full Board of
Education that Miss Head not be offered a contract for the
ensuing year?
A This was explained, as I recall, to the Board of
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Education, that we would not have a need for all these
teachers, so the Board of Education did take my recommendation
Q And the Board of Education or the full Board voted
on all persons who were to be re-offered contracts for the
ensuing year?
A This is correct, yes.
Q Would you explain how the full Board votes on these
people, Mr. Blakeney?
A In case of new people — - well, in the case of new
people, usually the application, any evaluations that new
people may have been given by their superiors, instructors,
supervisors, that is attached to the application. This is
shown to the Personnel Committee and then is generally
carried to the Board of Education and distributed so that
members may examine these documents.
Teachers who have been in the school system for
some time, usually we do not go back and bring up the
applications and go through all of this process, but^we put
the teachers on^liatJax,,schools as to what their assignment
will be or their tentative assignment for the coming school
year, and these recommendations are made to the Board, and a
list of these people that are to be re-employed is given to
teach Board member. The Board member examines this list,
and then recommendations are made either by the Superintendent
or the chairman of the Personnel Committee, and then the Board
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votes on these people.
Q Now, with respectM^oJMiss McCrary, was this same
procedure followed with respect to her?
A Yes, the same procedure.
Q What recommendation did you arrive at with respect
to Miss McCrary and make to the Personnel Committee?
A I explained to the Personnel Committee how I arrivec
at my evaluation of Miss McCrary's teaching ability and her
effectiveness in the Gainesville City Schools.
I explained to them all the people involved in
helping me to come to this evaluation. I do not rely
entirely upon my own opinions^but on. all of the people who
^may have come_^ _̂.coxiiij£.t with.these teachersj^ho are in a
supervisory or consultant position with the Board of Educatio
So we study these carefully, and I explain to the
Personnel Committee how I arrive -- they understood, of
course, the necessity at that particular time not to offer
all teachers contracts for next year that were currently
under contract, that it was necessary to reduce the staff,
so this was explained to the Personnel Committee of the
Board of Education, and this was discussed rather thoroughly
and I advised them of the situation, my evaluation of Miss
McCrary, and came to the conclusion that she would not be
employed — would not be offered a contract at that particulf
time for the ensuing school year.
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5G2A k-07
Q Now, was this same procedure followed with the
five white teachers who were not re-offered contracts for the
ensuing year?
A Yes, this is true, We followed the same identical
procedure.
Q Now, Mr. Blakeney, in reaching your conclusion with
respect to Miss McCrary, did you evaJ,iiiit.e„Hxaa-HcCr.ar.v.in the
Fair Street SchiiQl^Qnl^^r--S4r^lreim^w-ida^an. far as all
elementary teachers are concerned?
A System-wide.
Q Did you also do that for all v/hite teachers?
A Yes, we did, the necessity for reducing, the
apparent necessity at that particular time for reducing the
teaching staff in Gainesville City Schools. We gave this
consideration.
I had instructed the principals previously that it
was the feeling of the Board and my feeling that to improve
education we must improve teaching. The Board of Education
advised us that we had been given some criticism because we
had not been as diligent about evaluating teachers as perhaps
we might, and that perhaps we were permitting weak teachers
to remain in the system.
So, as we were reducing the staff, we were instructs
to leave from the staff, without ,r.egnrxU.ta.-race,-those--—
teachers that we considered the weakest teachers, and this
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is the way we proceeded.
Q Nov/, you proceeded in the same way with all black
teachers and all white teachers?
A Yes, sir.
Q Nov/, you stated that you did not recommend the
re-employment of five v/hite teachers?
A That is true.
Q All right, now, did you recommend the employment
of one v/hite teacher that the Board of Education did not
offer a contract to?
A This is true,
Q Would you explain that situation to the Court?
A I shall.
The principal and the Assistant Superintendent
recommended this teacher to me. I did not visit that
teacher's classroom this year, I do not believe -- I had
once had a son under this teacher, so we felt that this
teacher was doing a satisfactory job and better than some
other teachers — as well as other teachers we v/ere retaining
in the system. Therefore, we recommended to the Personnel
Committee of the Board of Education that this teacher be
re-employed.
The Personnel Committee did not agree with this
recommendation, and neither did the Board of Education. So
this teacher was not re-employed, and the recommendation of
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the principal, the Assistant Superintendent and the
Superintendent was not taken in this case. This was a white
teacher.
~ ..Q... -Now, Mr. Blakeney, are you losing a white home
economics teacher at the Gainesville High School next year
by resignation?
A Yes, we are.
Q Who have you assigned to this position in the
Gainesville High School?
A Mrs. Dorothy Baylor has been assigned to assume this
position next year. She is now a teacher or was, during the
past school year, of home economics at the E. E. Butler High
School.
Q Mrs. Baylor is a Negro?
A Mrs. Baylor is a Negro, yes.
Q Is she taking a white teacher's position who has
resigned in the Gainesville High School?
A Yes, she is.
And Mrs. Johnson, who was at E. E. Butler, also as
a home economics teacher, was offered a contract to remain
at E. E. Butler next year to take over the Home Economics
Department there, but, due to her husband's assignment, has
not been able to accept that position so far.
Q Is she Negro or white?
A She is white.
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. __________ __ ____________________________ *f!0
Q And she was to teach home economics in the
predominantly Negro high school?
A Well, she did this year and was asked to continue
next year, yes, sir.
Q Ho;̂ many teachers, Negro teachers, do you have this
year in the predominantly white Gainesville High School?
A During the past school year?
■Q Right.
A We had only one.
Q Who was that?
A That was Major Nelson.
Q What did he teach?
A He taught mathematics. He has a contract to
continue there next year.
Q Is it your judgment that he. is an effective teacher?
A. Yes, it is. We are pleased with — we are pleased
with Major Nelson's work.
Q How many Negro teachers will you have at the
predominantly white Gainesville High School next year? What
is your estimate?
A Well, at the present time we have three -- four
assigned, I guess we have — three assigned: Mr. Thomas,
Mrs. Baylor and Major Nelson, as of the present time, three.
Q What about the junior high school, how many Negro
teachers have you had there this year?
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A Mr. Goodman has been teaching science at the junior
high school this year, and Mr. Barksdale, another Negro
teacher at E. E. Butler —
You see, due to the reduction in the number of
pupils at E. E. Butler, it was necessary to transfer those
teachers to another school in the system, and Mr. Barksdale
has been transferred —
Maybe I had better get a list of those to be sure
I remember all of these. Excuse me, Mr. Gunter. I have
shuffled these papers for so long. I don't know where this
list is.
We have in the junior high school, we have Mr.
Marcellus Barksdale and, of course, Mr. Goodman will continue
in that position.
Q Is it your opinion that Mr. Goodman is an effective
classroom teacher?
A Yes. We have been pleased with Mr. Goodman's
performance. .
Q Is he a Negro?
A Yes, Mr. Goodman is a Negro.
q Is Mr. Barksdale a Negro?
A Yes, he is.
Q Is it your opinion he is an effective teacher in
the classroom?
A Mr. Barksdale has shown ability in the classroom.
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We have observed him not -- and not only has he done well in
the classroom, but he has done well in extra-curricular
activities, other activities that he has volunteered to do.
Q Are there any others that are going to be transferre
any other Negro teachers who are going to be transferred to
predominantly white schools next year?
A Yes. We have transferred — we have transferred
three teachers from,the Fair Street School due to the reductic
in the number of pupils there. 'We also .have transferred some
three teachers from that school to other schools in the
system.
Q Can you name them? If you can find your list I
guess you could.
A If I could find my list I could. I believe I have
them here.
At the Miller Park School, Miss Gloria Copeland.
At the Main Street School, Miss Adelle Williams.
At the Candler Street School, Mrs. Evans.
At the Enota School, we already have Mrs. Brown,
who is a Negro, and then Miss Gloria Young.
Q Is Miss Young a Negro also?
A Miss Young is a Negro also.
At the junior high school, I believe I have named
those already, Mr. Barksdale, and, of course, the teacher who
was already there, Mr. Goodman, during this current year.
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Q Nov/, these Negro teachers who are being transferred
to predominantly white schools, is it your opinion that they
are effective teachers in the classroom?
A It is, yes, sir,
Q Now, Mr. Blakeney, when you talked v/ith Miss
McCrary, you have heard her testimony with respect to your
conference on March the 4th, 1969, at the Fair Street School,
v/ith her and Mrs. Harris, you have heard her testimony?
A Yes, I have.
Q Did you tell Miss McCrary on that occasion that
her lack of effectiveness was one reason for her — for the
decision not to re-employ her in the system next year?
A Yes, I did. I explained to Miss McCrary and Mrs.
Harris in this meeting the reasons for their not being
offered contracts, that we would be reducing the staff and
we were instr ucted to..-dr op- f rom t h e'“staff r dlls "tho so teachers
that we considered that were not — were not effective in
the c 1 a ssr o,orâ ..-̂ nd---l--exp-l-airied- -t h-f-s.to--t hem - a t.that time , and
/I thought it was clearly understood,
Q Now, Mr. Blakeney, with respect to Miss Head, did
you request Mr. Baylor to have Miss Head come to your office
on March the 6th to give this same explanation to her?
A Yes. As I recall, I asked Mr. Baylor to ask Miss
Head to come by my office, because I wanted to talk to Miss
Head and explain to her -- Miss Head had done a satisfactory
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job of teaching. We certainly did not want to hurt Miss head.
I wanted her to understand the situation and to understand
the difficult decision that we had to make, and I wanted to
explain to her, as best I could, so that she would thoroughly
understand.
Q But Miss Head did not come to your office?
A No. It was reported to me that she seemed to be a
little upset at the announcement of this, and announced as I
recall, that she wasn't coming back anyway.
And, of course, I was relieved to hear this, because
I thought, well, if she were not coming back anyway,
certainly she would not be hurt as much.
Q All right, -Mr. Blakeney, Mr. Moore has asked you
about the employment of new Negro teachers, new to the system,
' ✓
Have you employed a Negro teacher from Savannah State for
year?
A Yes, we have.
Q What. is this person's name?
A Miss Jenkins.
Q And she is black?
A Yes, Miss Jenkins is black.
Q Where will Miss Jenkins be assigned to teach?
A Miss Jenkins is assigned at the present time to
Main Street Elementary School.
Q Is that a predominantly white school?
So
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A Yes, it is. And the principal had particularly
asked for Miss Jenkins. He had interviewed her because of
her proficiency in the field of math.
Q Is the principal of that school white or black?
A The principal of that school is white, Mr. T. W.
Purcell.
Q And he has interviewed" this person personally?
A Yes, he has. So have I, "and .the Assistant Superin
tendent .
Q Is it your opinion that this new Negro teacher will
make an effective teacher in the classroom or be a particular
effective teacher in the classroom?
A We have evidence that makes us believe that she
has — it is quite possible that she will be an outstanding
teacher. She graduated with honors at Savannah State. She
has high recommendation from her principal where she did her
intern teaching at one of the high schools in Savannah.
Mr. English, who is the principal there, I know. And so does
the Assistant Superintendent. I talked with him personally.
We know this young lady's family, and they are a nice family.
We think that she will make a very fine teacher,
q Now, Mr. Moore also asked you on cross-examination
yesterday about recruiting. Do you discriminate between
predominantly black schools and predominantly white schools
as far as recruiting teachers is concerned?
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5 1 1 A
A No, Mr. Gunter, we do not, we do not discriminate
against any school.
Of course, some schools have better reputations for
training teachers than others, and some schools we have been -•
you know, we have been maybe happier with the number of
graduates we got there, but we have gotten good teachers from
most schools or many schools, many colleges, and the school
certainly is important, but we have gotten good teachers from
what we consider relatively poor schools.
Q Mr. Blakeney, I will hand you Plaintiffs' Exhibit
No. 5, which is a brochure entitled "The City of Gainesville,
Georgia, Is A Good Place To Teach". Do you send that
brochure to all of the units of the University System who
provide teachers who have any kind of education school?
A Yes, we do. We make it a point to distribute this
brochure at places where we think prospective teachers will
come in contact with this bulletin and will become interested
In teaching in Gainesville.
Q Do you send that bulletin to Ft. Valley College?
A Yes, sir.
Q To Savannah State College?
A Yes, sir.
Q Albany State College?
A Yes, sir.
Q Stillman College in Alabama?
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A I am not sure we have sent a bulletin to Stillman.
We have recruited from Stillman on occasion. We have been
pleased with the teachers we have gotten from there.
I believe so. I believe I instructed the office
staff to get these in the hands of as many people in the
field of education in colleges as possible.
Q Have the principals in your schools visited
predominantly Negro colleges where teachers are produced?
A Yes, sir.
Q Do you know what principals have visited Ft. Valley
College or Savannah State College or Albany State College?
A Well, Mr. Byas , when he was principal in the
Gainesville City School System, did visit the predominantly
Negro colleges,
Mr. Baylor last fall or last summer, spring and
summer, I recall an expense account coming across my desk
from his visiting a predominantly Negro college.
I have visited predominantly Negro colleges myself
where I knew some people and thought that some people could
help me.
We have had our principals visit, of course, Atlanta
University, because we have some people that have done study
there, and they know the people, so we try to send the person
who can be most effective. We feel if we know the dean or
know some of the people there we might have a little advantage
A ?
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CM O A
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than if it is someone that they did not know.
MR. GUNTER: You may examine the witness.
MR. MOORE: Just a couple.
-0-
KK-CROSS EXAMINATION
BY MR. MOORE;
Q Mr. Blakeney, according to Plaintiffs' Exhibit No.
3 6 , a Negro contract between the City Board and the County
Board, this contract to last for a period of 21 years, from
November 23 — from November the 3rd, 1953? isn't that right?
Here it is right here?
A Yes. But that contract has been that contract
has ended.
Q How did it end?
A That contract ended because of the county's
desegregation plan, so that contract has ended at the end of
this school year.
Q Have there been any formal articles amending
concluding the contract, any formal act of the Board of
Education?
A We have no formal act. We have a meeting set up
tomorrow to discuss — to discuss this with some members of
the county board.
Q The conclusion of the contract is a matter that is
presently under discussion by the two boards, is that right.
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A It will be discussed by the two boards. It has
not been discussed as yet. We, both boards, I think, have
assumed that this contract has ended.
Q I don't want you assumptions. I want you to answer
my question yes or no.
You are discussing concluding this contract, is
that right?
MR. GUNTER: I object to his saying he doesn't want
the witness' assumption. He has been asking everybody
else for assumptions, and I think that this witness can
say what he assumes about a contract that was entered
into more than ten years before he ever came to
Gainesville.
THE COURT: V/ell, the contract hasn't been formally
concluded. There is testimony that they will not take
students under this contract for this year. I believe
that has been the position of the Board throughout this
hearing.
I don't know what Mr. Moore's point is. I think
he should be allowed to pursue it.
BY MR. MOORE:
Q Yes or no? You are discussing concluding this
contract at this time, is that correct?
A There has been no formal — no formal notice of
conclusion of this contract between the two boards of educatii
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420
I think each has assumed this.
Q Now, isn't the discussion that you are going to hav<
with the county board related to requiring the county
students to get releases before they are accepted into the
city schools?
A No, this has nothing to do with the contracts. We
have been operating with a release feature between the two
boards because we wanted to be sure, because actually, unless
there is an agreement between the two boards of education,
then neither board of education would be able to get state
money for those students that might cross from one school
system to the other. That is why we require releases, so
that we will be sure that the money can be transferred back
and forth, and that each board of education will be able to
collect the amount of money that they should for the operatio
of their schools because of the transfer of students.
MR. MOORE: Do you have Plaintiffs' Exhibit 34,
the minutes of the local board meeting?
THE CLERK: I believe they are on the witness stand
MR. GUNTER: Here are 34 and 35, Mr. Moore.
MR. MOORE: Thank you.
BY MR. MOORE:
Q Wasn't the question of requiring releases from the
students recently taken up at your board meeting?
A There has, over the past two or three years, there
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516 A
421
have been some questions about how students were to be
released. In some cases I think maybe I assumed that a child
was released and the county superintendent, there was some
question as to whether the child had been formally released.
On occasions a child would transfer from county school to
city school, or vice-versa, without probably the notices
going to the principal or the superintendent's office.
This was the thing to be discussed.
There is at the present time pending, the county
board of education does owe the city board of education some
local tax funds for students that attended Gainesville City
Schools during the current year, and this is what this
discussion is about. There was some question about some
students on that list, as to whether they had been formally
released. That was the question there, Mr. Moore.
Q And it is true, isn't it, that the device that you
are going to use in the future for county students is the
release system, isn't that correct?
A We have no discussed for the future, Mr. Moore.
We are talking about the contract that has existed in the
past. This is what we are talking about.
Q You have not used a release system, a formal written
release system in the past, have you?
A Yes, we have.
Q When did you institute it?
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A Oh, this has been instituted, I guess, when I first
came to Gainesville in the contract, I guess, when we revised
this contract to some extent back in 1961, there was an
understanding between the County Superintendent, Mr. Frank
Knight, and I that we would have an understanding, and lists
of students would be passed back and forth between the two
systems. There was an understanding very early in my service
here in this system that we would have a release system.
This has nothing to do with integration, this sort
of thing. It is just a matter so we could keep our records
straight as to who would be paid for and who would not be
paid for.
Q The minutes are true and correct, is that right?
A The minutes are true and correct, if you have the
right copy.
MR. MOORE: Your Honor, I will just take it out and
point it out to the Court, the section, at a later time
to which I will refer.
BY MR. MOORE:
Q It is true, isn't It, Mr. Blakeney, that there is
still a strong probability that you will be receiving Negro
or black children from the county in the coming school year?
A We assume that we will not receive any black
S> y
children in the ensuing school year unless there is a new
contract drawn between the two boards of education.
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518 A
Q Is there a possibility that there will be a new
contract drawn between the two boards?
A I think not, I think not. Because the — I have
discussed with the county superintendent of schools, and undei
their desegregation plan they are to take the Negro children
attending the Gainesville City Schools back to the county
schools next year.
I have no idea that there will be any Negro childre]
coming back into the Gainesville City Schools next year.
Q Unless they come under the release plan, is that
right?
A No. This release plan has nothing to do with this,
Mr. Moore. This release plan had to do with white children.
It was generally understood that the Negro children would
come because there were no schools in the county at that time
for Negro children. The release has been white children
coming from the county into the city. The county has
transported Negro children but has not transported white
children into, the city system. So this release deals with
white children.
In fact, we have not been requiring releases for
Negro children to come into the city necessarily because of
the transportation thing. It was easy to keep up with them.
It was not easy to keep up with the others, because they
had their own transportation, and we had to have formal
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releases.
Q Will you have white children under the City School
System under releases this fall?
A This I do not know.
Q Do you know personally the families of all the whites
teachers you have hifed for 'the school year '69-'70?
A No, I do not know personally all the families.
It just so happened I knew the family of Miss Jenkins. She
used to work for the school system.
Q Are all the white teachers you have hired for the
coming school year honor graduates of their respective
colleges?
A No, they are not. I wish they were, but they are
not.
q Do you know personally the principal in whose
school each of the white teachers did tueir practice teaching!
A If they are beginners, if they are beginners, we
know this. We don't know the principal personally necessarily
and, if you are implying that I have to know the principal
where a Negro teacher teaches, this is not true.
Q All right.
Now, you did not re-employ five white teachers for
the coming school year: Mrs. Virginia Cornelison, llrs.
Daisy Pierce, Miss Mary Stephens, Miss Gloria Whiten and Mrs.
Deborah M. Lee, is that correct?
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A No, I believe not. You are talking about the white
teachers that were not re-employed?
Q Right.
A Now, the — Mrs. Virginia Cornelison was not
re-employed, Mrs. Daisy Pierce, both of these people, and
Miss Mary Stephens, these at Gainesville High School,
Gainesville Junior High School, Mrs. Lee, E. E. Butler,
Mrs. Judy Parks, also white.
And then — ■
Q What about Mrs. Gloria Whitten?
A We did not have a -- you mean Mrs. Gloria Whiten?
Q Whiten, yes.
A Mrs. Gloria Whiten resigned her position. She was
offered a contract.
Q All right, now, Miss Mary Stephens, she was a
first year teacher, is that correct?
A Miss Stephens was a first year teacher.
Q Her first year in the system?
A Yes,
Q And Mrs. Gloria Whitten was a first year teacher
also, is that correct?
A Mrs. Gloria Whiten was not involved. She was
offered a contract.
Q All right.
Now, you testified in Attorney Gunter's office on
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June 18, 1969, in your deposition as follows, at Page 106,
beginning at Line 12 -- strike that.
Gunter's office on June l8, 1969? that each of the white
teachers whom you did not re-hire for the coming school
year, that there was an independent reason for not re-hiring
them running to their competence and their health and their
maturity as school teachers, is that correct?
A There were reasons for all — there are reasons for
not employing any teacher or not offering any teacher a
contract.
Q Right.
A I perhaps in the deposition stated some reasons.
Q May I refresh your memory by going to Page 105
of your deposition, beginning at Line 2:
the school year '69-'70 because of ineffectiveness?"
Answer: "Oh, yes, we did."
Do you remember that answer?
A Yes.
Q And you remember that question?
A .1 do.
Q Question: "Would you give us their iiames?"
MR. GUNTER: May it please the Court, this
deposition is on file, and we will stipulate that these
You testified in your deposition in Attorney
"Did you fail to re-hire any white teachers for
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522 A
__________________________________________________ 1+27
are the answers that Mr. Blakeney gave in my office.
There is no point in him reading them over and asking
him if this is so, because it is.
Nov;, if he wants to ask him about any particular
thing here, that is all right, but we would —
THE COURT:5 If you are going to seek to impeach
the witness' testimony by prior statements made, either
by deposition or out-of-court statements, you may recall
the question and answer to him. Otherwise, I will be
glad to read the deposition,
MR. MOORE: Your Honor, we just ask the Court to —
THE COURT: It looks like I am going to have enough
material to read as it is.
MR. MOORE: Your Honor, in connection with this
witness' testimony we would ask the Court to read
Mr. Blakeney's deposition beginning at Line 2, Page 105,
and continuing through 1 0 6 , 107, 108 and 109.
THE COURT: Have the Clerk mark the pages in the
deposition.
MR. MOORE: Will you mark those, please, Mr.
Pressley.
And that is in connection with the five white
teachers who were not re-hired and the reasons for which
they were not rehired.
THE COURT: All right.
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428
THE WITNESS: I might state, in the deposition there
was an error, I mentioned — there was some discussion
about one teacher who was mentioned in the deposition
but was later offered a contract,
BY MR. MOORE:
Q Mrs. Dorothy Baylor, whom you say you have assigned
to Gainesville High School, she was elected as ’’Teacher of
the Year” last year, was she not?
A Yes, she was.
q And the young lady that was there before her is a
young white lady, that was her first year in the school syste
wasn't it?
A Mrs. Johnson, this was her first year in the
system, yes,
q will Mrs. Johnson continue with your school system
this year?
A Well, at the present time she has not accepted the
contract. Mrs. Johnson, due to the position of her husband,
has not been able to accept the contract.
Q Now, Mr. Blakeney, if you had discharged one of the
white teachers at Gainesville High School, you would have
had to put Miss Head in her place, wouldn't you?
A Had we had an opening at Gainesville High School
Miss Head would have been offered a contract.
q What I am suggesting, sir, is you say you only
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________________________________________________________ k-29
have three teaching positions in Commercial Education?
A Yes.
Q And if you had discharged either of the white
teachers it would have resulted in one of the black teachers
being placed in that school, would it not?
A Yes.
Q Nov;, can you tell me the number —
A But that had nothing to do with it.
Q All right.
Can you tell me the number of years that Mrs.
Presnell has been with the school system?
A Yes. You asked for this information, so I had them
bring it. Yes, I have the information here. The number of
years -- your question again, please?
Q The number of years that Mrs. Presnell has been
a teacher in the Gainesville System?
A Mrs. Judy Presnell has been a teacher in the
Gainesville System, she has just finished her second year
with us in the Gainesville School System.
q Would you tell me the number of years Mrs. Glass
has been in the Gainesville System?
A She has just finished four years.
q Mrs. Glass has just finished four years?
A Correct,
MR. MOORE: I don't have any other questions of
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this witness.
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KC-DIRECT EXAMINATION
BY MR. GUNTER:
Q How many years of teaching experience does Mrs.
Presnell have?
A Mrs. Presnell has — she has only two years teaching
experience. All of it has been with us.
Q In this system?
A In this system.
Q She has no previous teaching experience?
A She has no previous teaching experience.
Q How many years of experience does Mrs. Glass have
other than the Gainesville System?
A Mrs. Glass has four years experience in our system
and two years experience in other systems, a total of six
years.
Q All right.
Now, Mr. Blakeney, Mr. Moore's questions to you
concerning the contract between Hall County and the City of
Gainesville has inferred that Gainesville is not losing
300, approximately 2^0 to 300 Negro students to Hall County
next year.
Now, can you explain to the Court what you have
been told by the Superintendent of Schools of Hall County
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with respect to the losing of Negro teachers -- Negro
students to the county?
MR. MOORE: I would object to any conversations
between the Superintendent of Schools of Hall County.
That would be hearsay and incompetent, Your Honor.
THE COURT: We have had a lot of hearsay in this
case, but this is first time it has been objected to.
I will sustain the objection.
BY MR. GUNTER:
Q Mr. Blakeney, have three hundred students, black
students, been taken out of the Gainesville System to the
county system in the year 1967-68?
A This is true, yes, sir.
Q Do you believe that you will lose 300 students,
between 2^0 and 300 black students to the county in the year
X969-7 0 , irrespective of the contract which Mr. Moore says
has until 1973 to run?
A We have had — we have entertained no idea that
the approximately 300 black students that left during the
school year '67-'68 and the approximately 300 black students
that attended our city schools this year, we have entertained
no idea that they would return to the Gainesville City School
next year.
The Board of Education and I, we have discussed
this with the county school superintendent. It has been a
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________________________________________________________ ^32
common understanding between both of them that there would
not be, these Negro children would not come back to the
Gainesville City Schools.
Q Nor remain in the Gainesville City Schools?
A Nor remain in the Gainesville City Schools.
Q Mr. Blakeney, have you read a copy of Hall County's
plan approved by HEW?
A I have, sir. I have a copy of it in my office.
Q Does that plan require that all Negro students in
the City System be returned to the Hall County System?
A
MR. MOORE: Objection?
(By the witness) It does.
MR. MOORE: Objection, Your Honor. The plan itself
is the highest and best evidence of what is contained.
THE COURT; Sustained.
MR. GUNTER; Would the Court permit me to send for
a copy of the plan?
BY MR. GUNTER;
Q Do you have a copy of the Hall County Plan in your
office, Mr. Blakeney?
A Yes, I have a copy in my files, yes, sir. I
thought I perhaps had it along with me, but I do not I do
not believe it is in this folder on desegregation plans.
MR. GUNTER: Also, I would like to, in view of this
I did not knov; this was an issue in the case, if it pies
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the Court, at this time I would like to ask for a
request to either call the county school superintendent
or take his deposition, the county school superintendent.
I had not anticipated that the Plaintiffs would contend
that Gainesville is not losing approximately 600 students
from the City System to the County System, and, in view
of Mr. Moore’s contention, i would like to have the
opportunity of calling these witnesses or taking the
deposition of the county school superintendent to show
exactly what the position is.
THE COURT: The Court has not restricted you on the
number of witnesses or who you may call, so, if you
desire to call him as a witness, or if you desire to take
his deposition, you may.
THE WITNESS: Here is a copy of this plan. I did
file it in my files here. This is a copy of a letter to
the superintendent. This was passed on to me by the
Superintendent so that we would be duly notified that
these students would be going back to the county, and
that has been followed to the letter.
MR. GUNTER: If you will identify this letter as a
defendants' exhibit.
THE CLERK: Yes, sir.
Defendants' Exhibit for identification No. 2 is a
photostatic copy of a letter dated August 18, 1967, to
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trpQ A
Mr, Richard Fairley,
(Whereupon, the above document was marked for identification
only as Defendant's Exhibit No. 2.)
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BY MR. GUNTER;
Q Mr. Blakeney, I hand you Defendant's Exhibit No. 2.
Did you receive this in the normal course of the mails, a
copy of a letter from the Hall County School Superintendent?
A I did, sir, Mr. Herbert L. Strickland.
Q And has it been in your file since then?
A Yes.
Q What does it indicate?
A It indicates to me what it says, that these
students, in the orderly process, will gradually go back to
the County, and this is the last year, and this is the end of
it.
Now, under the terms of this contract, seniors,
graduating seniors who would be graduating next year, would
be permitted to continue in the Gainesville City Schools or
in E. E. Butler, if they so chose, but that would be a very
few students.
MR. GUNTER; No further questions.
MR. MOORE; I have no further questions.
MR. GUNTER: I offer the exhibit.
MR. MOORE; I have no other questions.
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MR. GUNTER: I offer the exhibit in evidence,
Defendant's Exhibit No. 2.
THE COURT: All right, any objection, Mr. Moore?
MR. MOORE: No objection, Your Honor.
THE COURT: All right, let it go into evidence.
You may go down.
(Whereupon, the witness was excused from the stand.)
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THE COURT: Let's take a fifteen-minute recess.
(Whereupon, Court was recessed at 3*30 P.M., reconvening at
3:55 P. M.)
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AFTER RECESS
THE COURT: All right, Mr. Marshal, will you go out
and get Mr. Moore. I guess he is outside.
MR. GUNTER: Would you ask Mr. DeLong to come in,
the next witness.
THE CLERIC: Mr. DeLong, if you will take an oath,
please.
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
individually and as Superintendent of Schools, and
others, shall be the truth, the whole truth and nothing
but the truth, so help you God.
MR. DeLONG: I do.
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531.4. Q
____ ____________________________________________________W
THE CLERK: All right, sir, just have a seat, sir.
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G. HAROLD DeLONG,
Called as a witness by the Defendants, after having first
been duly sworn, testified as follows:
* DIRECT EXAMINATION
BY MR. GUNTER:
Q Mr. DeLong, you are president -- you are chairman
of the Gainesville Board of Education?
A This is correct.
Q Would you state your full name for the record?
A G. Harold DeLong.
Q You reside in Gainesville , Georgia?
A That's right.
Q Mr. DeLong, how long have you been on the Gaine
City Board of Education?
A I have been on two years. I am beginning my third
year.
q For the past school year have you been chairman
of the Personnel Committee of the Board of Education?
A Fpr the past year?
Q Yes, sir.
A That's right.
Q And you have just been elected as Chairman of the
full Board of Education for the coming year?
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532A 3̂7
A This is correct.
Q Mr. DeLong, you have heard Mr. Blakeney's testimony
with respect to the function of the Personnel Committee. Woul
you explain to the Court what the Personnel Committee has^done
in the case of Miss Head, the Plaintiff in this case?
A In our Personnel Committee Meetings Mr. Blakeney
submits the name of the person that we are discussing, and in
this meeting he also explainŝ Ĵ ê -fllialjXj-catj-°ns an ̂ the
experience, any pertinent matters pertaining to the person,
and then he gives us his advice or his recommendation, along
with any recommendation from some of the staff members.
Was that done in the case of Miss Head?
A It was.
Q Was that done in the case of Miss McCrary?
A It was.
Q Did the Personnel Committee vote to go along witn
the Superintendent's recommendation?
A The Personnel Committee voted to go along with his
recomrnendat ion.
Q Now, who were the members of the Personnel Committe
this past year?
A Mr. Perrin Reynolds, Mr. Avery Nicholson, Mr. Austiji
Brown, Dr. Stribbling and myself.
q All members are white except Mr. Austin Brown?
A That's right.
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crnnt ad u O l 1
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Q Mr. Austin Brown is a Negro?
A He is a Negro.
Q Do you know how long he has been serving on the
Personnel Committee?
A No, I do not. I have been on the Personnel
Committee two years, and he was on the Personnel Committee
both of these years. How far back beyond that, I do not know.
MR. GUNTER: You may examine the witness.
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CROSS EXAMINATION
BY MR. MOORE:
Q Mr. DeLong, has your Personnel Committee ever
hired a teacher who was not recommended by the Superintendent
of Schools?
A Has the Personnel Committee hired a teacher not
recommended?
Q Yes.
A No, sir.
Q Has the Personnel Committee ever recommended the
hiring of a teacher not recommended by the Superintendent
to the full board?
A My answers to this will be in the length of time
that I have been on it, and I would say no.
Q Is it customary in the usual practice for the
Personnel Committee to act on the recommendation of the
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5 3 4 A ^39
Superintend ent ?
A It is customary that the Personnel Committee act
on the recommendation of the Superintendent but not necessari
Q Is it customary for the Personnel Committee to
follow the recommendation of the Superintendent?
It usually^does, but not always.
Can you cite any instances where it has failed to
follow the recommendation?
I can.
Would you please do so?
Yes.
In the case of —
Miss Groves?
I will say who.
I was just trying to help you so we can go home.
I believe the case was Mr. Garrison, I believe,
that v/as recommended to the Personnel Committee, and the
Personnel Committee did not accept the recommendation.
Q Was there any reason for that independent action?
A To my recollection some of the members of the
Personnel Committee felt it would be better not to hire him.
Q Why was that?
A If I remember right, the main objection was that he
had moved around a considerable amount among different school
systems.
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Q He was not a stable —
A He wasn't steady.
Q He wasn't a steady employee.
There are other examples that you can cite, sir?
A Not offhand, I don't remember.
MR. MOORE: Very well, thank you very much.
MR. GUNTER: You can come down.
(Whereupon, the witness was excused from the stand.)
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MR. GUNTER: Dr. Stribbling, will you take the
witness stand.
THE CLERK: Will you take an oath, please.
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D, Blakeney,
individually and as Superintendent of Schools, and
others, shall be the truth, the whole truth and nothing
but the truth, so help you God.
DR. STRIBBLING: It will.
THE CLERK: All right, sir.
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536A
bhl
DR. W. D. STRiBBLING, III
Called as a witness by the Defendants, after having first
been duly sworn, testified as follows;
DIRECT EXAMINATION
BY MR. GUNTER;
Q Will you state your full name for the record, please
sir?
A Dr. W. D. Stribbling.
MR. MOORE; Excuse me. Did he say "Dr. W. D.
Stribbling?"
THE WITNESS; Correct.
MR. MOORE; Thank you very much.
BY MR. GUNTER;
Q You reside in Gainesville, Georgia?
A I do.
q Are you a member of the Gainesville City Board of
Educat ion?
A That is correct.
Q How long have you been a member, Dr. Stribbling?
A I am in my second year now.
Q For the past year have you been a member of the
Personnel Committee?
A I have.
Q Dr. Stribbling, do you recall -- strike that.
H-QW--do.es the Personnel Committee enter into the
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decision about hiring, rehiring or not rehiring personnel in
the school system?
A The applicants for employment, the prospective
rehiring of teachers, are first examined by the professional
staff. Their qualifications, letters of recommendation,
application forms ar»e secured by the professional staff.
These prospective applicants, if. it be prospective or for
rehiring purposes, are presented to the Personnel Committee
with their application forms, their credentials, background,
this type of information. They are discussed by the
Personnel Committee. The recommendations of the professional
staff are asked for, and they are acted on by the Personnel
Committee.
Q Was this procedure followed in the case of Miss
Head and Miss McCrary?
A It was.
Q Did the school superintendent make his recomnendati<
as you have heard him testify to the Personnel Committee?
A He did.
Q With respect to these two persons?
A That's right.
Q And did the Personnel Committee discuss their
recommendations and act upon it?
A They did.
Q What was the action taken by the Personnel Committee!
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A The Personnel Committee decided that they not be
offered contracts for the coming year.
MR. GUNTER: You may examine the witness.
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CR03S EXAMINATION
BY MR. MOORE:
Q Dr. Stribbling, is it customary practice and
custom of the Personnel Committee to follow the recommendatio
of the Superintendent?
■A I would say the majority of the time the
recommendation of the Superintendent is followed.
Q And does the Personnel Committee follow the
recommendation of the Superintendent irrespective of whether
it is a recommendation to hire one or to fire?
A We do not always follow his recommendation. The
majority of the time, if he recommends to hire, we will hire,
and if he recommends to not hire, we will not hire, but it
depends on the individual case. There are instances when we
have not followed his recommendation.
Q Would you give us an example, sir?
A I can.
Miss Lee, during the past year, was recommended to
the Personnel Committee by the Superintendent and the
professional staff. It was the opinion of many members of
the Personnel Committee that the teacher may well have lost
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her effectiveness in the community, and we overruled this
recommendation.
Q Yes.
And in the instance of Miss Decoda Lee, there had
been criticism of her from members of the community, is that
correct?
A That is correct.
Q And, because of that criticism, there was a decisio.
by your Personnel Committee not to offer her a contract?
A This and other reasons.
Q All right.
Could you give us some of the other reasons, if you
know them?
A Well, the Personnel Committee and the Board of
Education is really the only link between the public and the
administration, or, at least, this is part of our function,
as I see it, anyway, and most of the -- in this particular
case it had to do with continued and long standing criticism
of her performance in the classroom, and this was the prime
reason.
Q And was this criticism rather widespread in the
community?
A That was my impression, yes, sir.
Q And it was criticism of such strength that the Boar
felt that it should respect it and not rehire her?
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A That's correct.
MR. MOORE: Thank you. No other questions.
MR. GUNTER: You may come down.
(Whereupon, the witness was excused from the stand.)
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MR. GUNTER: Mr. Reynolds, will you take the stand,
Mr. Perrin Reynolds.
THE CLERK: Mr. Reynolds, if you will take an oath,
please, sir.
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
individually and as Superintendent of Schools, and
others, shall be the truth, the whole truth and nothing
but the truth, so help you God.
MR. REYNOLDS: Yes.
THE CLERK: All right, sir.
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PERRIN C. REYNOLDS.
Called as a witness by the Defendants, after having first
been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GUNTER:
q Would you state your full name for the record,
please sir?
A Perrin C. Reynolds.
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Q Mr. Reynolds, you are a resident of the City of
Gainesville?
A That1s right.
Q And you are a member of the City Board of Education'3
A Yes, sir.
Q How long have you been a member?
A I am going into my third year as a member of the
Board of Education.
Q For the past year have you been a member of the
Personnel Committee of the Board?
A Yes, sir, I have.
Q Do you recall the recommendations and discussions
in the Personnel Committee with respect to Miss Head and Miss
McCrary, the Plaintiffs in this case?
A Yes, I do.
Q Will you relate to the Court what took place in the
discussion of these two Plaintiffs in the Personnel Committee
Meeting?
A As I remember, the Superintendent, who met as part
of the committee, made recommendations as to Miss Head and
Miss McCrary' that after an evaluation by himself and by his
staff, that they thought that they should not be given a
contract because of their ineffectiveness as a teacher or as
teachers.
Q Was this discussed by the members of the personnel
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542A 447
committee?
A Yes, it was.
Q Did the Personnel Committee go along with the
Superintendent's recommendation in these two cases?
A Yes, we did.
Q Mr. Reynolds, during the three years that you have
been on the Board, has there been any action taken by the
Board with respect to upgrading the faculty of the Gainesvills
School System?
A We have had suggestions at various times in board
meetings, and we have asked the principals of various schools
to attend some of these meetings where they have stressed
bettering the quality of education in the Gainesville School.
I think it has been the opinion of the Board that by having
better teachers or better-qualified teachers or upgrading
our teachers that we would have a better educational system
in Gainesville. I think this is generally felt by most of
the members of the Board.
MR. GUNTER: You may examine the witness.
-0-
CROSS EXAMINATION
BY MR. MOORE:
q Mr. Reynolds, is it customary for the Board to
follow the recommendation of the Superintendent of Schools?
A I would say most of the time that we do, yes.
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448
Q All right.
Can you cite me any example where you have failed
to follow the recommendation of the superintendent?
A I remember principally Miss Decoda Lee, who was a
teacher at the junior high school. We did not follow the
Superintendent's rechmmendation as to offering Miss Lee a
contract.
Q And was that for the same reason that Dr. Stribblin;!
testified just a moment ago?
A • Yes, it was.
Q And your testimony, if I asked you the same questio:"
would be the same?
A That's correct.
MR. MOORE: No further questions.
MR. GUNTER: Come down.
(Whereupon, the witness was excused from the stand.)
-0-
MR. GUNTER: Mr. Avery Nicholson, will you take the
stand?
CLERK: Mr. Nicholson, will you take an oath, pleas*
sir.
MR. NICHOLSON: Yes, sir.
THE CLERK: The evidence you shall give in the
issue joined between Rosa A. Head and others and R. D.
Blakeney, individually and as Superintendent of Schools.
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and others, shall be the truth, the whole truth and
nothing but the truth, so help you God.
MR. NICHOLSON: Yes.
THE CLERIC: All right, sir.
-0-
AVERY J. NICHOLSON,
Called as a witness by the Defendants, after having first
been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GUNTER:
Q Would you state your full name for the record,
please, sir?
A Avery J. Nicholson,
Q Mr. Nicholson, are you a resident of the City of
Gainesville?
A Yes, sir.
Q Are you a member of the City Board of Education?
A Yes, sir.
Q How long have you been a member of the City Board
of Education?
A Starting on my second term, an expired term, about
four years and a half.
Q You have been on the Board about four and a half
years?
A Yes, sir.
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Q For the past school year were you a member of the
Board’s Personnel Committee?
A Yes, sir.
Q Vlhen does the Personnel Committee ordinarily meet?
A Well, they start meeting along — several meetings,
I guess you would say, starting along in February and March.
Q Is it customary for the Personnel Committee to meet
on a certain night but prior to the regular board meetings?
A Yes, before the board meetings, and we have had
special meetings.
Q Do you recall the discussion in the Personnel
Committee meeting concerning the recommendation of the
Superintendent with respect to the two Plaintiffs in this
case, Miss Head and Miss McCrary?
A Yes, sir, I do.
Q Did Mr. Blakeney recommend to the Personnel Committe
that these two teachers not be given contracts for the follow,
year?
A Yes, sir. He recommended they not be given due to
cutting down on -- the loss of students and the staff,
recommendation from the staff and all and the quality of
education.
For the last three years on the Personnel Committee
that I particularly remember, we have heard a lot of — have
had a lot of complaints of upgrading the schools, too, and it
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been mentioned here before, too, in different cases, I mean
different witnesses, and we met with the principals, the
Board has, the whole Board has met with the principals for
the last two years and asked them, told them we needed
quality teachers, and they have been authorized by the Board
to do that, to upgrade the teachers.
Q Did the Personnel Committee go along with the
Superintendent's recommendation with respect to Miss Head
and Miss McCrary?
A Yes, sir.
MR. GUNTER: You may examine the witness.
-0-
CROSS EXAMINATION
BY MR. MOORE:
q Mr. Nicholson, is it a customary practice for the
Personnel Committee to follow the recommendation of the
Superintendent of Schools?
A Well, not necessarily every time. In hiring
teachers, about the only way we can base it is on the staff,
what they say. As a Board member, it is hard to leave your
job and go around and observe and hire or fire a teacher.
q Can you cite any examples in your four and a half
years on the board where the Personnel Committeehas not
followed the recommendation of the Superintendent?
A Well, the few cases Dr. Stribbling and Mr. Reynolds
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________________________________________________________ *+52
mentioned a while ago, and I have heard several discussions
that was as far as teachers got in Personnel Committee meetin
several different cases besides that. I don't remember
particularly the names.
Q You just don't remember the cases, is that correct?
A And names, because you leave that when you leave
the meeting.
MR. MOORE: All right, I have no other questions.
MR. GUNTER: You may come down.
(Whereupon, the witness was excused from the stand.)
-0-
MR. GUNTER: I call Mrs. De La Perriere, please.
THE CLERK: Will you take an oath, please.
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
individually and as Superintendent of Schools,
and others, shall be the truth, the whole truth and
nothing but the truth, so help you God.
MRS. DE LA PERRIERE: Yes.
THE CLERIC: Just have a seat, please, ma'am.
-0-
-5TV
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MRS. DOROTHY CHAMBLISS DE LA PERRIERE.
Called as a witness by the Defendants, after having first
been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GUNTER:
Q Would you state your full name and spell your last
name for the record?
A Well, let's see, it is Dorothy Chambliss De La
Perriere. My last name is spelled capital D, and a little E,
capital L, little a, capital P-e-r-r-i-e-r-e.
Q Mrs. De La Perriere, are you associated with the
City Board of -- City School System?
A Yes, I am.
Q What is your position in the school system?
A I am Art Supervisor for the Gainesville City Schools.
Q Would you please speak just a little louder so the
Judge can hear you?
A I am.Art Supervisor for the Gainesville City Schools.
Q What is your educational background?
A Well, I graduated from Girls High School in Atlanta,
and then I attended the University of Louisville, Emory
University, the University of Georgia, and I received a B.F.A.
Degree.
I studied at the University of Louisville Art Center.
After I graduated from college I taught at the
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Louisville Art Center for two years. Then I went back to
the University, and I received a Master's Degree from the
University of Georgia.
Q Master's Degree in Fine Arts?
A In Education.
Q In Educatibn?
A Yes.
Q How long have you been associated with the GainesviL
School System?
A This is my fourth year with the Gainesville School
System.
Q And have you been in the same capacity all four
years?
A I have been in the same capacity all four years.
Q All right.
Nov/, Mrs. De La Perriere, what do you do as far as
the elementary schools are concerned?
A What do I do as far as the elementary schools are
concerned? Well, when I first came here it v/as felt that
the teachers, as well as the pupils, needed some help in art.
So the first year I was here, in fact, the first three years,
we had in-service training for teachers after school where I
tried to show them different techniques and processes in art
that they could use with the children and tried to show them
on the level that the children could succeed in these
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techniques.
Also, I go to the classrooms and work with the
children in every one of the elementary schools. I do 'work
about five or six classes every day with children, sometimes
more.
Q Mrs. De La Perriere, tell us what you do on this
in-service training and when is this conducted?
A Well, teachers are required to stay thirty minutes
after school is out, and during this thirty minutes I would
take materials whereby the teachers could actually engage in
these things so they would be a more meaningful thing to them ,
and I would show them different ways of using the materials
that we had available in the City System so that they could
take these things' back into the classroom and do them with
the children.
Q Now, Mrs. De La Perriere, do you know the Plaintiff,
Miss McCrary?
A Oh, yes.
Q Will you explain what you have done the last four
years as far as your, connection or your interest in the lair
Street Elementary School, what have you done there, what day
of the week do you go over there?
A Well, I have spent a full day there for the last
four years. Now, this year I have not had the in-service
I have been available for them aftertraining for teachers.
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school for any time they needed me to help them, but I have
not had in-service this year, because we felt the teachers
could carry on a successful program without it.
But, as far as Miss McCrary was concerned, in this
in-service, she did come for those three years, and I have
been in her classroom for the last four.
Q Were you asked to make, by the City School
Superintendent, prior to March, 19&9? to evaluate or make a
recommendation to him concerning Miss McCrary?
A No, not as such, no. Usually when I had anything
about Miss McCrary I went to the principals, because I felt
like this was the first place to take anything up.
q Did Mr. Blakeney at any time before March, 1969,
though, request you to make an evaluation of Miss McCrary
to him?
A He has asked me how I felt, if she was effective,
Q ' ’What did you tell Mr. Blakeney?
A Well, she is not effective in art.
Q Now, on what do you base that?
A Well, these different things that we have done
Miss McCrary has not done with the children. X felt that
this was something that we were trying to do, because our
curriculum guides for the schools, and also to be an
accredited school with the Southern Association, we are
required to have a certain amount of art in the classrooms,
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for elementary children, and it has to be offered as an
elective for the upper classes, and I did not see signs of
this.
MR. MOORE: Pardon me?
BY MR. GUNTER:
Q I didn't understand you.
A I did not see signs that she was doing the things
that I had shown them how to do.
But then she was, most of the time she was very
late getting there.
Q Getting where?
A To the in-service. When we were holding in-service,
she was usually quite late, and she did not carry the differe;:
things that I had shown them back into the classroom.
Q Now, did you visit her classroom this past year?
A Oh, yes. I go about every six weeks.
Q Now, with respect to all of the elementary teachers
in the system, do you go to every elementary school?
A I go to every elementary room, including the three-
and four-year-old program, through the sixth grade every week,
I go to the elementary schools. There are five.
I also to to the junior high and the high schools,
but, since we have had another art person, I do not have to
go there everyday, every week, as I had in the past, because
it is now offered as an elective, and he takes care of the
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upper grades, but I do go often to check. I go to every room
in the elementary schools in this city.
Q All right.
With respect to all elementary teachers in the
system, how did you rank Miss McCrary to the Superintendent
of Schools?
A Well, she would be weakest art-wise, I would think.
Q Weakest?
Would that include every elementary school teacher?
A That would be every teacher in this city.
MR. GUNTER: You may examine.
CROSS EXAMINATION
BY MR. MOORE:
Q Mrs. De La Perriere, you testified that you go to
each elementary school in the system, is that correct?
A That's right. There are five.
Q How frequently do you go to the Fair Street School?
A Every week, one day a week.
Q And when you are there are you there for the purpose
of servicing each of the grades and classes at that school?
A I don't try to service each class each week. When
I am there I try to get in as many classes as possible.
Now, when I go, it is usually five or six classes
that particular week. However, I do go by and look in on
the others, and, quite often, visit some of the other rooms.
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554A
— — ------------- — __________________________________ ^59
But, as far as actually teaching an art experience,
or allowing the children the opportunity to have it, I only
get to about five or six classes that particular week.
Q All right.
Your testimony, then, would be that you do not go --
you do not go to Miss McCrary's class every week, is that
correct's
A No, I do not go every week.
Q Would you --
A To Miss McCrary's class.
Q Would you give us the frequency with which you wouli
go to her class?
A About every six or seven weeks.
Q About every six or seven weeks?
A Yes.
Q And each time you would go her class how long would
you stay there?
A Oh, about an hour, an hour and a half.
Q And what would you do?
A Well, I didn't ever repeat the same thing. The
next time I went back maybe we would work with clay. Sometine
we did work in frotthee. Sometimes we did work with tempras
or crayons. It would depend on whatever I had set up really
for that period.
Usually I try to keep all our city schools on about
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the same art processes, and whatever I had designed for that
particular period is what I would do in that particular
situation.
Q And did Miss McCrary work along with you when you
would come?
A When I would come to the room usually there wasn't
any need really for her to work along with me, no.
Q You would work with the children by yourself?
A I worked with the children, right.
Q And was this the period and the amount of art
instruction you were required to give them?
A I didn't understand your question.
Q Was this the period and the amount of art
instruction that you were required to give these children?
A Well, I don't know what you mean by that word
"required". This was the amount of time that I spent with
them until they were finished. We didn't have any particular
time set up that I was supposed to stay. I stayed with tnem
until they finished the process that they were doing.
Q And did you bring the materials, the art supplies
that they would use, or were they already there?
A Usually I brought the art supplies with me, yes.
Sometimes, if they knew I was coming, I would ask some of the
teachers to have certain things, but I usually carried them
with me, because this simplified having to send back for then.
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Q All right.
I take it that the art materials and supplies which
you used in your teaching were kept at some central office or
some central location, is that correct?
A The ones that we used with the children were kept
at the Fair Street School in a storage room. The ones that I
used with teachers I had at the central office, and I carried
them with me when I went to those meetings for in-service.
Q I merely talking about the children now.
A All right. I got them from the storage room at the
school.
Q All right, was it the procedure that these supplies
were to be locked up in the storage room until you came to
the school?
A All supplies at that school are locked until they
are requested by a teacher. No, they weren't locked up just
for me. They were locked up until they requested them. The
teachers could get them just the same as anyone el^e.
Q The same as you could, is that correct?
A Yes.
Q All right.
Now, did you ever make any investigation of Mrs,
Trawick or Miss McCrary to determine whether or not Miss
McCrary had checked out those materials when you were not
present at the school?
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5 5 7 A
A I had no reason to investigate to see whether she
checked out any materials. I was not concerned with whether
she used the materials.
Q Did you determine whether she had used the materials'^
A I could not see signs, and I talked to the children,
and they did not — they would say that they hadn't had an
art experience since I was there the last time.
Q You talked to the children? What kind of art
experience are you talking about?
A The kind that I go around and do with the children.
Q And just what do you do with the children?
A You asked me that question.
Q I would like to know just what kind of art experience
you do with the children?
A You want me to repeat it?
Q Yes.
A All right. Sometimes we worked in sculpturing.
Sometimes we would do things in graphics, which are your
printmaking processes. Sometimes we do things in painting
which involves the use of tempras or washes. Sometimes we
worked with wash, which is your earth pigment paintings. We
do different things. Sometimes we worked with torn and cut
paper.
Q Anything else?
A Quite a number of things.
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Q All right, would you give us examples?
A Well, sometimes we used paper mache. Sometimes we
made mobiles. Sometimes we made things where -- petit process,
Sometimes we have worked in photomontage. Sometimes we
worked with wax resit. All of these involve -- some oi them
involve painting. Some of them involve the use oi crayons.
Q All right.
Did you do all these things with the fourth grade
class that Miss McCrary conducted?
A I did not do all those things. I only get there
about every six weeks. Miss McCrary, it is the responsibility
of the classroom teacher to teach art as well as other
subjects. The things that I taught her was on an average
of once every six or seven weeks, so I could not do everythin
i-n that particular time. We only go to school 180 days.
Q All right.
The fact of the matter is when you would go to Miss
McCrary's class, all of these things that you say you would
do in the school system, you didn't do in her class, is that
correct?
A Some of them, a great many, yes.
Q Did you do the same thing for the fourth grade that
you did for the third and the rest of the grades in the
elementary school?
A With certain variations. Some of the processes are
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more successful for older children. Some of them are more
successful for the younger children. For the most part, most
of the children in the elementary schools can do a great many
of the same processes. Only some of them are a little bit —
the level in which they can do these is a little bit higher.
Q All right. Did you ever take this matter up with
Miss McCrary? Did you ever speak to Miss McCrary and say
that she was ineffective in teaching art?
A I would not say that to Miss McCrary.
Q Did you ever say it to her principal?
A Yes, I have told Mr. Baylor, and I have spoken to
Mrs. Trawick, she was not very effective in art.
Q What did you -- tell me precisely what you meant
by that?
A Well, precisely what I meant by that, by not being
effective in art, primarily she didn't have art in her
classroom in a creative manner. Some of it she -- the only
signs X ever saw was something that oh, maybe she had beer
teaching some unit, and there were a few pictures maybe
drawn of that particular thing, and outside of that I never
did see any work that the children had done in art, except
those things that were done when I was there.
Q All right.
And what do you mean by "creative"?
A "Creative"? Creative art would be processes that
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are individualized. There are things that the child doesn't
copy anything from. He doesn't use a stereotype sort of thing
He develops his own impressions, his own —
Art is actually a visual means of communication, and the
child, in being creative, creates his own images and not
something that he looks at in a book or something and copies.
Q Yes.
Mrs. De La Perriere, there is substantial profession
disagreement as to whether or not art is limited to a visual
communication, isn't there?
A Not that I have been taught.
Q You have not been taught anything like that, is
that correct?
A No.
And when I was getting a Master's Degree and I took
courses in supervision of art on the graduate level at the
University of Georgia, there was no disagreement on that
point.
q At the University of Georgia?
A That's right.
Q But you would not say that other professionals --
A Yes, I would say that other professionals, I don't
believe that you would find any person in the art education
field that would deny the fact that anything creative must
be from the child's own visual impressions for a young child.
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Q All right.
You are not saying that art is totally a visual
expression; isn't it also a subjective impression, the child's
feelings, his emotions, his background?
A Oh, yes, yes.
Q All right.
So you are not denying that, are you?
A No, I am not denying that. It must be an inward
thing.
q Do you want to correct your testimony, then, that
it is totally visual?
MR. GUNTER: May it please the Court, she did not
say that, in the first place. And he is asking her if
she wants to correct herself, I object to the question.
MR. MOORE: I think it is a proper question, Your
Honor. I think it is adjusted to the testimony.
THE COURT: He can cross-examine her about her
idea of what visual art might be.
MR. GUNTER: He has asked her, may it please the
Court,'if she wants to correct herself, and she has not
said --
THE COURT: Perhaps the use of the phrase "correct
yourself" might be improper. Aside from that, you have
the right to cross-examine.
THE WITNESS: Let me just explain what I mean by
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"visual” . I think maybe you are misunderstanding me or
else I am misunderstanding your question.
By a visual expression I mean that the child can
put his impressions down where others can see it. It is
a thing that is taken through the eyes.
I realize that dance is art, that music is art. But
the only type that I am concerned with is the visual
type, because I am interested in what the child can put
down that can be seen.
Now, does that correct it for you?
MR. MOORE: It corrects me — it corrects it — it
clarifies it, at least, and it leads me to the opinion,
and I am going to ask you another question.
BY MR. MOORE:
Q You have a one-dimensional definition of "visual
art", don't you, or the function of art?
A The only thing that I am employed for is the art
that pertains — that that can be seen, that area of the arts,
I am not employed for drama or music or dance.
Q You wouldn't say that visual art, paintings, drawing
mosaics, are not dramatic and exciting, would you?
A I think they are very exciting.
Q So your answer would be -- you would answer my
question favorably, wouldn't you?
I really don't think so, because I think you areA
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trying to tv/ist my words. I think that it is definitely
something that is visual. It is something that is taken in
by the eye.
And I do believe that music and drama play a great
part in your emotions,, that it gets you to do this expression.
But, on the other hand, I am only primarily interested with
children, in getting them to put theirs in a visual manner
involving those four areas: graphics, sculpturing, painting
and -- I am not concerned with music.
Q Let’s see if we can agree on this. One, Mrs. De
La Perriere, it takes more than the hand and the eye to
create a work of art, doesn't it?
A Yes. I tell them often they can do it with their
feet if they like.
Q You agree with that?
A Yes.
Q And it takes more than the eye to see and understan
and appreciate a work of art, doesn’t it?
A Yes.
Q It takes a total experience, a total person --
A Yes.
Q -- to understand art, is that correct?
A That is right.
Q So the appreciation of the creativity of a child
and the child's expression of his creativity is an extremely
a
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subjective matter, isn't it?
A Just how do you mean this question?
Q Just the way I asked it.
A Would you repeat it, please?
MR. MOORE: Read it back.
REPORTER: "So the appreciation of the creativity
of a child and the child's expression of his creativity
is an extremely subjective matter, isn't it?"
A (By the Witness) You could say so, yes.
Q Is it your responsibility to help the teacher
develop an art?
A Yes. That is why we had the in-service for teacher
for three years, was to enable teachers to develop so that
they could teach it successfully, because at one time in our
certification teachers were not required to take art. It is
now a required subject matter to get certified, but it hasn't
always been. Many of our teachers got their certification
before they received this training in art, and one of my
jobs was to help these teachers so that they could carry on
successfully the art processes with children.
Q Did you consider it your job to take this matter
up with Miss McCrary directly if you thought she was being
ineffective?
A I have spoken to her several times. I have asked
her what they have done, and I have asked for even to see
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some of the work, and sometimes -- I did feel that that part
of it was my job, yes.
Q Did she tell you what she had done?
A They had not at that time, at the times I asked
her, she would say, well, they haven't had time, or there was
some excuse.
Q And when was that?
A During the last four years. I have asked her at
different times.
Q Exactly when during the last four years?
A I couldn't begin to tell you a date. I go there
about every six weeks. But I have asked her at times
Q You didn't go to Miss McCrary's classroom every
week?
A I went to Miss McCrary's classroom about every
six weeks, and I —
Q And did you --
MR. GUNTER: Please let the witness answer the
question. He is interrupting the witness.
THE COURT: Don't interrupt the witness.
BY MR. MOORE:
Q You say you went to Miss McCrary's class every six
weeks?
A About every six or seven weeks, yes.
q And you say you would ask her for
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A I don't ask the same question every six or seven
weeks, no, because after four years I realize, as much as I
have done it, and I had not seen signs, and this year I even
wrote down these processes so that if anyone didn't quite
remember how we did ijhem, I did design what they could do
by each week, the same things that we were .going to be doing
with all the other schools, and I wrote it down and had the
secretary over there to type it up, and it was given to the
teachers in order that they could follow them very closely
and have these experiences with their children.
,Q Is this Plaintiffs' Exhibit 18 the material that
you wrote down for all the teachers?
A I would have to read it. I didn't see it after
she typed it.
Q Just read it over and see if that is it?
A Yes, these are some of the -- these are the process'
that's right.
Q Did you personally give Miss McCrary a copy of it?
A No. That is the job of the secretary. She put one
in each box, because I questioned her, and she told me that
every teacher was given a copy, and Mrs. Stevens, I am quite
sure, put one in every teacher's box. I did not personally
hand it to the teacher.
Q I show you Plaintiffs' Exhibit 19, which is a
group of drawings by children from Miss McCrary's class. Is
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it your opinion that those are worthless, they have no value?
A Oh, yes, they have a value if you are teaching
something on transportation. This is good if you are teaching
transportation.
But when you are teaching art, for art's sake, you
don't have to correlate it with any other subject matter.
In fact, it is more creative usually if you don't, if you let
this art experience grow out of some experience the child has
had.
I don't imagine many of these children at Fair
Street have ridden on a train or have flown in an airplane
or maybe ridden on the bus or in a canoe.
Q What about in a car?
A I didn't understand you.
q What about in a car?
A Oh, yes. They have all ridden in automobiles,
sure.
Q They have probably seen an airplane, probably
seen a train, whether they have ridden on one or not, is that
right?
A Yes. That is quite true. They have seen them,
and it is true they draw many things they have seen. But
primarily aren't experiences more successful if you let these
experiences grow out of something that relates to the child,
some experience that he has had?
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Q You mean that transportation would not relate to
the child some experience that he has had in the modernday
world in which we live?
A It relates if he has had the experience, yes.
Q And you are not saying that these children at Fair
Street are also bereft of affluence and money that they have
had no experience that an ordinary human being would have?
A I did not say that, no. In the City of Gainesville,
I daresay a very small percentage of those children have ever
ridden in an airplane. I have four children and only one of
mine has ridden in an airplane.
q You wouldn't say that they wouldn't see a train,
v/ould you?
A I am not questioning that those are things that
they have seen,
Q Right.
Trains run right through Gainesville, right?
A I hope so.
Q And a boat, a canoe, there are boats just like this
out at the lake there, Lake Lanier, is that right? Isn't
that right?
A Yes, that's right.
Q And a child living in this area is likely to see a
boat, isn't that right?
A That is quite true.
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5653A
_____________________ :___________________________________474
Understand I think those are good for their purpose
You asked me a question about them relating to the child. I
said that the child probably hadn't had the experience.
Yes, he has seen them, and those are things that
would be good to get0 the child to do if you are teaching a
unit on transportation, but not if you are supposed to be
teaching an art class.
Q All right.
The child could see a four-engine jet plane overhea
in the air going into the Atlanta Airport, couldn't he?
A Yes.
Q Whether he had ridden on it or not, right?
A But how could a child draw an experience of flying
on the airplane if he hadn't really flown in a plane?
Q Why do you say "flying in a plane"? This is not
the interior of the plane. It is the exterior, isn't it?
A I would assume so.
Q And you would assume that the child is drawing the
plane from the position from which he sees it, is that
correct?
A That is correct.
Q And that would be from his own experience seeing it
overhead?
A Yes, as far as seeing it is concerned.
Q And is it your opinion that the teacher that
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inspires a child to draw visions and pictures or things that
he sees in his daily life is weak and that the art produced
by such a teacher and child is of no value whatsoever?
A I did not say this. What I said was that the
signs of the things that the other children in that school
have done, that the things that the other children in the
city system have done, that Miss McCrary has not seen fit to
let her children have this experience.
Q All right.
A Yes, she has done a few of these things, which are
basically just plain crayon. They are just plain crayon
drawings.
I have shown them many ways to let the teachers
vary their use of crayons. There are hundreds of ways to
use crayons. And, yes, this is just more or less colorbook
technique.
Q All right.
Isn't your disagreement with Miss McCrary that
Miss McCrary has done an effective job of correlating art
with other subject matters and with real life experience?
A I don't think she has done a successful job of
correlating art with other subject matter.
Q You don't believe the rendition of the transportati
theme is a good one?
A Oh, I think this is good for the children to do if
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_________________________________________________________476 ~
you are going to just show different means of transportation.
But I don't consider this an art experience.
Q And isn't it a thing that should be encouraged in
schools where there is likely to be a language deficit among
the students?
A Repeat that, please.
Q I say, isn't this the type of thing that should be
encouraged in the school where there is likely to be a
language deficit among the children?
A Oh, I think it is always good to correlate it with
any subject matter.
Q And would it be good to correlate it for children
who have not had the benefit of "Headstart" programs and other
pre-school programs?
A You just asked me that. I said it was good for
any children.
Q I asked you a different question this time, I firss
asked you about language deficit, which is a different concept
The next question I asked you is about pre-school, and I am
just asking you isn't it a good thing for students --
A It is good for any student.
Q But especially for those who have not had pre-school
A Now, you are trying to say to me that you think
that it is good for children to copy means of transportation?
Q I am asking you is it good for students who have no;
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had pre-school education?
A To do what?
Q To engage in that type of art work?
A What type are you calling this?
Q Right there.
A You mean this sort of colorbook technique?
Q Yes. You call it colorbook technique if you want
to. But just tell me whether or not it is a good thing for
kids who have not had pre-school?
A No. Because most of this is copied. If you are
aware of what children can do in the arts, you see these are
copies, they have been drawn by looking at something, a
child in the fourth grade would not know how to put that wheel
in the back smaller than the wheel in the front. These are
not true indications of what a child on the fourth grade
level can do. These are copies, and they are copied from
looking at something, and this is not what we try to do in
the creative arts.
We try to get away from colorbook technique. We
try to get away from mimeographed materials. We try to get
away from anything that is a copy process and to get the
children to express themselves in art-in the creative manner
without looking at something someone else has drawn.
This is drawn from something they had seen drawn.
Someone else did the drawing, and they looked at it and
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reproduced it. If they had looked at the bicycle to do it,
I would have said this is marvelous, this is good art
experience.
Q But you don't know whether they looked at a bicycle
or looked at something else, do you?
A Yes, I can tell by looking at it, because -this
Q Did you -- go ahead.
A -- because when you looked at the way they have
treated the prospective on this one, the one with the bicycle
this is very definitely something that they have looked at.
A child in the fourth grade could not come up with that.
Q Are you trying to tell the Court that the children
at the Fair Street School in the fourth grade —
MR. GUNTER: Please the Court, he has interrupted
the witness again.
BY MR. MOORE:
Q Have you got anything else to say about that in
response to that question?
THE COURT: Have you completed your answer, please
ma'am? '
THE WITNESS: This particular bicycle was drawn
by looking at a picture. You can tell by looking at
the way the prospective is. A fourth grade child in
Miss McCrary's room, and I am sure you are aware of
the fact that she does not have the top class in the
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fourth grade, they would not be able to do this particule
bicycle with that prospective unless they looked at one
that was already drawn.
I am sure that they could do this, and, understand,
I am not against this, if you are doing a poster, if you
are doing something in transportation and trying to
teach them transportation, then I don’t see any harm in
their looking at a picture of it and drawing it. I am
not criticizing that point. I am merely stating that
this is not a creative use of the arts.
BY MR. MOORE:
Q All right, Mrs. De La Perriere, are you serious
that you can tell that these children did not draw those
pictures without looking at a copybook?
A I am serious about this particular one. I think if
you __ i don't know that it was a copybook. It could have
been a picture in a reader. It could have been a picture on
a poster.
But what I am saying, this particular one, I feel
like the child looked at something when he drew it.
Q The child could have looked at a bicycle, isn't tha
right?
A I don't think he would have looked at the bicycle,
no, not on a fourth grade level.
q Are you telling — strike that.
£
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Are you telling this Court that black children in
the Fair Street School are totally bereft of the ability to
draw a bicycle?
A Mr. Moore, I resent that. I have made no such
statement.
Q I want you to answer my question.
A I did not say that. No, I am not
Q Would you answer my question?
MR. GUNTER: Please the Court --
MR. MOORE: Your Honor, would you instruct the
witness to answer my question?
THE COURT: What is your objection, Mr. Gunter?
MR. GUNTER: I object to his asking the question,
the witness starts answering the question, and then he
interrupts the witness. This is the fifth time, I have
counted them.
Now, I think that the witness -- he asked a questio
and she can answer the question that he ask, and he shou
not interrupt her.
THE COURT: Gentlemen, I don't think I need to have
a lesson this afternoon on courtesy as far as attorneys
are concerned or the witness being courteous to the
lawyer. Of course, counsel will give the witness an
opportunity to answer the question completely, unless,
of course, it is not responsive or there is a valid or
s
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legal objection to the answer.
The witness will not interrupt counsel when he is
asking a question. We will proceed in that manner.
I know it is getting to be late in the day. Maybe
we might be getting a little edgy. But I want to eomplel
this case.
Would you please ask the question now, Mr. Moore,
and let the witness answer.
MR. MOORE: The witness was not responsive.
MR. GUNTER: Please the Court, she had not gotten
started. He didn't know whether it was going to be
responsive or not, and he interrupted her,
THE COURT: I have asked him to ask the question
again.
MR. MOORE: Will you read the question back?
REPORTER: "Are you telling this Court that black
children in the Fair Street School are totally bereft
of the ability to draw a bicycle?"
A (By the Witness) I did not make that statement.
As far as I am concerned, the children at Fair Street School
can do equally well with any other child in this system. I
have worked hard with these children, and I resent anybody
indicating that I would think that they could not do as well
as others. Many of my nicest children, students, are some oi
children. There are several children in this
y.
the Negro
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system that I would put up against anybody's children that
come from the Negro schools, and I have never made any
distinction. To me a child is a student when he comes
through that door regardless of his color and regardless of
his background. It wouldn't make any difference to me if he
were the President's child or if he was the janitor's child.
V/hen he comes in that room he is a student.
Now, I made no indication whatsoever that I do not
feel that these Fair Street children can do it. I know that
they can, and I think that the teachers, some of them, have
not given them the fair opportunity to have these experiences
I feel that they can do equally well with any children if
they are given the opportunity.
Q Very well.
Then, Mrs. De La Perriere, you agree that they are
not so bereft of the ability to draw a bicycle?
THE COURT: What was your question?
BY MR. MOORE:
Q I say, don't you agree that the children are not so
bereft to dr-aw a bicycle?
A I didn't say they never had the ability to draw a
. X said they did not at this particular level in
their development draw a bicycle in complete prospective like
that one apparently is done. It has every indication of
having been drawn by an adult.
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^ 7 A . 1 483
Q All right.
You didn't see it at the time it was drawn?
A No.
Q And you didn't see the person who drew it, is that
correct?
A No, I did not.
Q All right.
Is there any value in teaching a child to use
crayons so that they can identify their colors.
A So that they can identify their colors? Just how
do you mean this? So they could - to use crayons just .so
they could learn to identify colors?
Q To identify red from blue and blue from green and
green from yellow and brown from yellow, the things that
children do in pre-school and elementary school to learn the.
colors.
A Oh, yes.
Q That is what I mean.
A Oh, yes, I think they need to know the names of
them.
Q And they should need to know the colors themselves
when they see them, is that right?
A Yes, I feel like that most of our children that
pass the third grade do know this.
Q All right.
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u 4 A. i+84
And this is a way of reinforcing that knowledge if
they know it, is that right?
A You are talking about this being a way of re
inforcing it?
Q Yes.
A No, I don't think that reinforces it necessarily,
because these children already know those colors by the time
they get to the fourth grade.
Q At least you think so. Have you ever tested them
to find that out?
A Oh, yes, I have asked them many times.
And, you know, the art education people have run
tests on children, and many children do not know colors
prior to the age of five, but after five they begin to
recognize these colors, and about seven is as old as most
children ever get that are not able to distinguish colors,
unless they are colorblind.
Q No art education tests have been run on the children
in the fourth grade at Fair Street, have they?
A No. But I would assume that it was done by a
sampling, because these people, this test -- there is one of
them in Victor Lowenfeld's book, and also Victor DeMigo,who
are considered sort of the top of the art educators, they
have run a great many tests, and this has been a determined
thing that usually by the time a child is age seven, unless
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there is something really physically v/rong with him, and I
certainly wouldn't indicate there is anything physically
wrong with any of those children, because there is not, and
those children, I am sure, at the fourth grade level at Fair
Street School, I am sure they all know their colors. I
really believe they do.
Q Are either of these books you have just mentioned
available at the Fair Street School?
A They are probably not available unless they have
ordered some for teachers. They are on a college level. Thej
are written primarily for textbooks. But I am quite sure
that the county library, the Chestatee Library has copies of
both of them, yes.
Q You mentioned silk-screening. Silk-screening is a -
A I didn't mention silk-screening.
Q You didn't mention silk-screening?
You don't teach that at the fourth grade level?
A No. I have not tried to get children at the fourth
grade level to do silk-screening for the simple matter that
a frame, some type of a framework usually has to be built,
and this would involve constructing a frame, and when I get
to the classroom I don't have the wood and things available
for constructing the framework for silk-screening, and I did
________________________________i+85
r
not mention silk-screening.
Q What about mosaics?
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589 A Q
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A Yes, we have done mosaics.
Q In the fourth grade?
A We have done mosaics in the fourth grade. We have
done mosaics from the third grade up throughout the city,
yes.
Q And what materials do you usually use to make the
mosaic itself?
A
n
A Well, you probably realize we don't have tiles.
So in place of tiles we use small cuts of colored constructio:
paper, and we lay these very much in the manner that you woul<
put tiles down.
Q Right.
Is this paper here considered construction paper?
That orange, blue.
Is this the kind of paper you would use?
A Yes, that's right.
Q And it consists of cutting out the forms and pastinj
them onto other boards?
A You cut out small shapes, such as rectangles or
triangles, and you paste these onto another piece of paper.
This is what we usually call mosiacs,
Q Who cuts them out?
A The children cut them out.
Q Do you draw the triangle or circle or rectangle or
sphere or globe?
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581A
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A No, I do not. I teach the children to do their own
work. We don't do the art work for them.
Q Do you have scissors for all children in the classes
A Yes, we have scissors available.
Q Are they available for each child in the class?
A They generally are, yes. That school has an
abundance of scissors.
Q What about fingerpainting?
A Yes, we fingerpaint.
Q Did you fingerpaint in the fourth grade?
A We fingerpainted in the fourth grade.
Q Fourth graders are a little old for fingerpainting,
aren't they?
A I don't consider fingerpainting even too juvenile
for adults. There are many ways of using fingerpainting,
and a fourth grade child is certainly not too old to
fingerpaint.
One of the groups that enjoys it most in this city
are those children at the .junior high school, and they are a
great deal more mature and older than the elementary children,
and they request to do it in the junior high school.
There are other ways of using it. You can use this
for a monoprint process whereas you do it on glass and make
one print, and it works very well as an ink base.
Q And they use it at"Headstart" and pre-school, right?
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582 A 488______
A Usually they use it in'Headstart" and pre-school,
yes, because it is something they can get their hands into
and get the feel of.
Q Now, what is the art exercise that you prescribed
as being most beneficial to the fourth grade students?
A I wouldn't say that any one experience —
You are saying "exercise". Would you define that
word for me, please?
Q Well, experience,
A Would be most beneficial?
Q Yes.
A I don't think it would be any particular one. I
think all of the ones that I have asked them to do are most
beneficial. I think they need experiences in four areas of
art, not just in any one and overdo one area. I think they
need experience in all of them.
Q Do you differentiate the experiences that you would
like to have the children do based upon the ability and
background of the children?
A Yes, I do try to do this.
Q Did you study and test the children in Miss
McCrary's room to determine what exercises or experiences
would be appropriate for them?
A I am quite sure the things I prescribed for her
room were appropriate.
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Q Was it based upon a test of the children?
A I have observed the children, and many of these
children in her room I have observed for four years, and I
am quite sure that the experiences that we did in that
classroom and that I asked her to do were appropriate for
her grade level. They were not too difficult, and they were
not too simplified.
Q Did you attempt to tailor or shape the experiences
or the things that you wanted Miss McCrary to teach her
children based upon the background and abilities of the
children in Fair Street School as opposed to the children in
the other four schools?
A I think that I have chosen processes that were
quite appropriate for the children at Fair Street School,
as much as they would be appropriate in any other school.
We do the same processes at all of the schools in Gainesville.
We do the same techniques in art throughout all of the first
grades, all of the second grades, all of the third grades,
regardless of what school they are in. Their background
would merely determine perhaps what they had in those creative
works.
Maybe one child might have had an experience of
going to New York and could do this. Perhaps another child
had never been out of Gainesville. But that doesn't mean
that he doesn't do the same process, but it just brings a
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little bit different concept into that picture in his visual
expression.
Q Do you leave any room for the judgment of the
teacher as to what is appropriate for her children?
A Yes. She has five weeks or six weeks when I am
not there.
Q And during that time it is left up entirely to her
as to what she will do?
A Well, I have designed things and asked them to do
certain things along each week. However, I always tell them
that after they have completed these, that anything else
that they would like to do with the children is all right.
Q And how much time is each teacher to allot to art
work a week?
A v/ell, I think there should be an hour or two each
week alloted to art.
q And how much time was alloted to art work at the
Fair Street School each week?
A Different rooms gave different times.
q For Miss McCrary's room?
A I don't think she spent this time, no.
Q I am asking you how much time was actually alloted
for the art work?
A And who did you think alloted it?
Q I was thinking that you did.
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A I don't allot the time she spends in her classroom
with art. I have nothing to do with her schedule.
Q Do you recommend a period of time, an hour, a half
hour for art work?
A I didn't recommend any particular time. That is up
to the principal and the teachers of that school. However,
I do show them things that I would like for them to do each
week. But, as far as scheduling is concerned, that is betwee
the principal and the teachers.
Q And it is your responsibility and your job to
bring -- to visit the school and bring about these special
enrichment programs, isn't it?
A Yes, it is my job to visit the school.
Q You are considered an enrichment teacher, aren't
you?
A Yes. It is an enrichment process.
Q And it is your special function to come out and
demonstrate from time to time and engage the children in an
art experience such as the ones that you have designated
here on this list, is that right?
A That's right. I do that every week.
q And that is your primary and virtually your
exclusive function in the school system, isn't it?
A What are you saying is my exclusive function, now?
Q To go through those procedures with the children
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________________________________________________________ 492 -
on a weekly basis?
A No, that is not my exclusive function, no.
Q What is your other function, then?
A My other function is to be of service to the teachei
to help them in any way that I can.
Also, I have been in in-service, and I have already
said this, I have had in-service for the teachers for three
years.
I am responsible for the art program throughout
the whole city. I help the young men that we have at the
two high schools and at the junior high school in planning his
program.
Q And your testimony here that Miss McCrary is a
weak teacher of art as compared with other teachers of art
is based upon your subjective evaluation of what she did or
didn't do in her classroom, isn't that right?
A It is based on what she has done and what she has
not done in her classroom in art, yes.
Q Now, have you gone to each teacher and to each
classroom in the city of Gainesville and asked them to show
you their work?
A Oh, yes.
Q All right.
A I don't usually have to ask. Usually it is on the
/ S
walls.
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Q And you look at it?
A I certainly do.
Q And if the work were not on the walls, you wouldn't
know whether it was done or not, would you?
A Oh, yes, I would, because I would ask. I often
ask to see the child's art folder and to look through the
things that they have done.
Q And who maintains the art folder?
A The children.
Q The children themselves?
A Yes, usually.
Q In their own desk? Or does the teacher maintain
the art folder? ,
A Usually they keep them put up for them in a stack
somewhere.
Q Now, did you ever give Mrs. — did you ever give
Miss McCrary an instruction that she didn't follow?
A Yes, I have asked them.
Q Which one?
A I have already said this once.
Q I am only talking about Miss McCrary, not other
schools
A But I have already answered this once. When I
went to these rooms, for the in-service at these schools, I
requested that the teachers carry through the same process
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5 6 S A 494
that I had shown them how to do at that in-service with theii
children before I came back again for in-service.
Q And when was that?
A After school for three years.
Q On a daily, — on a daidy basis?
A On a once-a-week basis.
Q Once-a-week basis?
A That's right. At Fair Street it would have been
once a week. I go to each of the elementary schools one day
a week.
Q And you requested the teachers to do that, is that
right?
A Yes, I did.
q Now, in 1 9 6- — strike that.
Did you hold the opinion that Miss McCrary was a
weak teacher —
A I960 I didn't know Miss McCrary.
Q I will get to the question.
Did you hold the opinion that Miss McCrary was a
weak teacher at the end of the school year '67-'60?
■ A Yes.
Q Did you communicate that to the Superintendent?
A Yes. X have communicated it to the principals and
also I have talked to Mr. Ellenburg and Mr. Blakeney that
she did not fill in effectively in the arts.
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Q And each year you have been in the system you have
made that observation and shared it with your supervisors.
isn't that right?
A I have made this observation for four years, yes.
Q Have you ever recommended to anyone that Miss
McCrary not be rehired?
A No, I have not.
Q Have you recommended to any person that any teacher
in the school system not be rehired?
A * No, I have not. I have nothing whatsoever to do
with the hiring of teachers.
q And art is a very small part of the curriculum,
isn't it?
A Well, it would depend on what you compared to
that. To me it is an important part. To you it might be
small.
Q I mean -- I mean in terms of time actually alloted
and provided for art instruction?
A Yes, it would be on the basis with music.
0 Mrs. -- is it Miss or Mrs.?
A I am Mrs. De La Perriere.
Q Mrs. De La Perriere, is your opinion that Miss
McCrary is a weak teacher based upon the quality of the work
of her students?
A No, it is not based on the quality of her students.
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590A
Q Tell me what it is based upon, then?
A I merely stated I think her children could do a
great deal more in the arts if they had been given the
opportunity; She just did not give the children the opportune
to do this.
To be an accredited school we are supposed to allot
a certain length of time to the arts. She did not choose
to do this.
Q You are not saying that she didn't allot any time
to art, are you?
A No. I was there to do it with them every six or
seven weeks, so her children did have art experiences. But
often when I would go back I would ask the children, "Well,
what have you done while I wasn't here, the weeks I have
been gone?" "I haven't done anything since you were here
before."
Q You would ask little children this and not ask the
teacher?
A Well, she was standing right there. I would ask
them, "What all have you all been doing? Show me some of the
things you have been doing."
Q And you were asking that to engage their attention,
weren't you?
A I was asking them to get their attention. I
wanted to communicate with them. To get children to do good
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art work you have to first be able to communicate with the
children, and I think I do a pretty fair job motivating
children to do art work, and to do this you have to communical
with them.
I would asl> them, and I was interested, I wanted
to know what they had done since I had been there before.
I wanted to see it. I am interested in every child's art
work,
Q All right.
Well, the work that you did in the school system,
that satisfied the accrediting society, didn't it?
A No, I don't think it did, because I am not there
but every six or seven weeks.
Q You don't know — you don't know whether it does
or not?
A- Yes, I know that it does not. There is not
enough allotted for arts.
Q And that is —
A You are supposed to spend so much a week, I
believe.
q How much time?
A I think it is an hour or two each week.
Q And you don't know whether she spent an hour or
two in art or not, do you?
A Oh, yes, I do, because the children would tell me
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A
when I asked them that she had not since I was there before.
Q They said they had had no art, no art at all?
A That is what they would say.
Q And you would take the word of fourth grade children
as to what they would do?
A Yes, I would take the word of a child, if he told
me he hadn't, yes, I would take his word.
Q All right.
And you wouldn't ask the teacher?
A She was there. She would tell me sometimes they
hadn't, that they had been doing other things.
Q Did you ever tell her when she told you that she
hadn't been doing'art that she should do it?
A She knew — I told them every week when I met with
them with in-service that she should do it.
Q I am not talking about in-service. I am talking
about when you would come to the school?
A That is when we had it, at this in-service, it was
at the school.
Q When you would come to the classroom?
A When I came to the classroom I would never say
anything to any teacher that would embarrass her or belittle
her in front of her children in any way whatsoever, knowingly.
q All right, did you call her aside?
A I have asked her to do it before, yes.
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______________________________ __________________________ 1+99
Q Would you call her aside and say, "You should do
some more”?
A Well, when they came to in-service, yes, I would go
around and show her things she could do successfully with
the fourth grade children.
Q Would there be other subjects in the class that
might be more important for these children to learn and
spend their time on than art work, such as reading and
writing and arithmetic and mathematics and spelling?
A From my experience of teaching school, and I have
not always just taught art, I have a Master's Degree in
Elementary Education, and from my experience of teaching I
have found that the children respond better and I got across
a great deal more by using — by letting them have an art
period every once in a while to change the-function of what
we were doing. They get bogged down sometimes, and, if you
can sort of give them a little relaxation with the art
processes, they look at it entirely differently, and it sort
of stimulates learning.
Q You taught white middle-class children, didn't you?
A I have taught all class children. I have taught
at Fair Street School.
q Yes. But before you came to the system you didn't
teach any black children, did you?
A Before I came to Gainesville?
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5ooi hi iX
Q Yes.
A No. My first experience with teaching the Negro
children was when I came to Gainesville.
Q And it might be more important for black children
who live in economically depressed areas to learn to read
and write than it would be for them to learn art and finger-
painting and mosiacs, wouldn’t it?
A Are you trying to tell me that you think --
Q I am asking you a question, and I want you to
answer it.
A Well, I don t think it is any more important --
MR. GUNTER: Now, may it please the Court, he
interrupted the witness again. Nov;, that is the seventh
time.
THE COURT: Just a minute, Mr. Gunter. I believe
the witness interrupted him this time. He asked her
a question, and she started to ask him a question, and
he said, ."No, I am asking you", and that is what he
was saying.
She has now answered the question. If you will
let her complete the answer, she was in the process of
answering.
A (By the Witness) I think that art is just as
important for the deprived white children as it is for the
deprived Negro children as it is for the middle-class or the
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5 9 5 A 5Q1
upper-class, Negro or white children. I think that this is a
part of our culture.
Art is our oldest means really of history. It
dates back so far that our early history was based on it.
I think that this being able to express yourself
with art experiences is important, and I think it is just as
important for a deprived child as it is for one that has
had money. I do not think that the arts are for the rich
anymore than they are for the poor. I think that art is
for everyone, and every child is born with the ability to
create, and I think it is wrong to deprive him of this
opportunity.
q Mrs. De La Perriere, isn't your opinion of Miss
McCrary based on the fact that you have a personal grudge
against her because she is a black woman let me finish,
please -- a black woman who told you you would have to wait
when you came to her class?
A It is not. I think Miss McCrary is a very fine
person, and therfact she is black has nothing to do with it.
I know many of the Negro teachers very well, and the fact
that she is a Negro has nothing whatsoever to do with my
opinion.
And the fact that I have had to wait, what are you
3 U
referring to here?
Q I will answer your question. The time she was
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S A 502
teaching "decoding for reading",
A Oh. The only person that knew about that was Mrs.
Trawick and Miss McCrary, and I asked Mrs. McCrary -- Mrs.
Trawick not to mention this to Miss McCrary because she was
upset.
I wait for all those teachers. I don't resent
waiting. I always ask when I go in that room, "Is it
convenient for you to stop now?" If they are having a test,
if there is something important, I go on and catch another
classroom and come back. I don't mind waiting.
Q And this is the first time that you have actually
expressed your opinion that she was a weak teacher, is
following this incident with the "decoding for reading"?
A No, it is not. I have expressed my opinion that
she was a weak teacher after my first year at Fair Street
School.
Q But no one ever acted on it, is that right?
A Well, Mr. Baylor said he would try. I think he did
try.
Q All right. But did you tell Mr. Blakeney about
the incident out at the school?
A What are you talking about?■*>
q When you came out there and she wouldn't let you
come in the room?
A The "decoding"? No, I have not mentioned this to j
. _________________ _________________ J
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597A 503
anyone, except Miss McCrary knew it, Mrs. Trawick knew it,
and I asked her not to mention it to Miss McCrary, because I
did not mind waiting, and I told her not to.
Mrs. Trawick was upset because she had not stopped,
and I told her at the time I didn't mind because I was
accustomed — I always look to see, or I try to make sure
that I am catching, them at a time when the children are not
taking a test or something that won't interrupt what they
are doing, or, if they are busily engrossed in reading, I
try to go to another classroom and come back and sort of
catch them between periods.
Q You missed that time, didn't you?
THE COURT; Do you have any further questions?
MR. MOORE; No, sir. I didn't get her answer.
MR. GUNTER: I didn't get the question. Would you
repeat the question?
BY'MR. MOORE:
Q I say that time you missed?
A ' What was that? Going back?
Q The time you came out — you remember your answer,
don't you?
A Yes, I do.
Q You answered —
A You are talking about the time —
Q -- you waited —
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A I did come back later.
Q -- and you tried to figure a time when they were
not busy, and I asked you: "You missed that time, didn't you1'
A You mean missed getting in that particular class?
No. I came back lat$r.
MR. MOORE: I have no more questions.
MR. GUNTER: No questions.
THE COURT: You may go down, please.
(thereupon, the witness was excused from the stand.)
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MR. GUNTER: Call Mr. Ellenburg, please.
THE COURT: Who did you call?
MR. GUNTER: Mr. Ellenburg.
THE COURT: That witness will probably take some
time, won't he?
MR. GUNTER: My part won't. The cross examination
may take a lengthy amount of time, just as it did with
this past witness.
I have two more members of the staff, the only
two witnesses that I have, Mr. Ellenburg and Mrs. Green.
THE COURT: Gentlemen, I am going to take about a
fifteen-minute recess.
(Whereupon, Court was recessed at 5:^5 P.M., reconvening at
6:00 P. M .)
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 o 5
AFTER RECESS
THE COURT: All right, where is Mr. Moore?
MR. GUNTER: Mr. Ellenburg, take the stand.
THE CLERK: Wait a minute. Mr. Moore is not in
here.
THE COURT: All right, Mr. Marshal, tell Mr. Moore
to come in here. Let's move along.
(Whereupon, Mr. Moore returned to the courtroom.)
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THE COURT: All right, let's move along,
THE CLERK: Mr. Ellenburg, if you will take an oath
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
individually and as Superintendent of Schools, and
others, shall be the truth, the whole truth and nothing
but the truth, so help you God.
MR. ELLENBURG: I do.
THE CLERK: All right, sir.
THE COURT: Mr. Marshal, everybody that comes in
and out- of the courtroom has a right to come, but I want
them to come in orderly and not interrupt the testimony
during the trial of the case.
Go ahead.
-0-
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GGOA
5 o 6
OTIS H. ELLENBURG, JR.
Called as a witness by the Defendants, after having first
been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GUNTER:
Q Mr. Ellenburg, will you state your name for the
record, please?
A Otis M. Ellenburg, Jr.
Q What position do you occupy with the City of
Gainesville School System?
A I am the Assistant Superintendent of Schools.
Q How long have you been in that capacity?
A Since 1962, seven years.
Q Were you with the Gainesville School System prior
to 1962?
A Yes , sir.
Q In what capacity?
A I was principal of the junior high school.
Q And for how long were you principal?
A Five years.
Q Mr. Ellenburg, did you discuss with Mr. Blakeney
some time prior to March, 1969? the qualifications for
effective teaching in the classroom of Miss McCrary and
Miss Head, the Plaintiffs in this case?
A We talked about a lot of teachers, Mr. Gunter, as
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601A
507
far as their qualifications and the evaluation of teachers,
yes, sir.
Q You specifically talked about these two Plaintiffs?
A Yes,
Q Did, in your discussions, did you make a
recommendation or an evaluation,: or did you give to the
superintendent your opinion of these two teachers?
A Yes, sir.
Q Will you state to the Court what you did say to
the Superintendent with respect to these two teachers?
A I discussed with Mr. Blakeney the qualifications,
the evaluation that I had of Miss McCrary the last time I
visited' her classroom. It was at the invitation of Mrs.
Trawick, the principal. She had invited me to come over to
judge a social science fair that she was having at the school.
I was informed by Mrs. Trawick that this was a major project
of the school and that it carried a lot of weight In the
curriculum planning.
We visited that school all afternoon, and Mrs.
Trawick had suggested to me that she wanted to give ribbons
to the various projects, which we did, as we went around
through the school.
• Miss McCrary, we visited Miss McCrary's room, and
we did judge that social science fair at that time. We
conside pooT"'pr o'j ect.
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508
MR. MOORE: I object to what he considered. He can
testify as to his own opinion, Your Honor.
THE COURT: What is your objection?
MR. MOORE: I object to the witness' answer as
being incompetent, "We considered it". It is what he
considered.
THE COURT: Well, if he was on the party that was
judging something, I will let him testify to it.
A (By the Witness) I considered it to be a poor
project and so informed the principal at that time that I
felt like that not enough time or effort had gone into this
project.
Q (By Mr. Moore) Did you discuss that with Mr.
Blakeney?
A I informed him of this, yes.
Q Now, what process do you go through in evaluating
teachers prior to March of each year in reaching a determinati
of whether teachers will be offered contracts or re-employed
for the ensuing year or not, Mr.. Ellenburg?
A Of course, we consider the opinions and observations
and professional observations of other staff members. I
visit the classrooms as much as I can, which is not as often
as I should, of course, since we have nearly two hundred
staff people that we have to visit.
Also, we talk to the principals from time to time
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G 03A 522.
concerning their staff people.
Then we arrive at some conclusions concerning the
re-employment of people.
Q Did you reach a conclusion yourself as to whether
Miss McCrary should or should not be re-employed?
A I d id .
Of course, you have to realize that I took into
consideration the opinion and the observations of other people
as well as'talking to the principals involved, yes.
Q What conclusion did you reach concerning Miss
McCrary?
A I felt like Miss McCrary was not doing the job
that we would, like in the classroom, and .I., concurred with
this opinion.
qj ...What about Miss Head?
A Well, my opinion of Miss Head is that Miss Head has
done a fairly good job for us and that I have no quarrel with
her work in the classroom.
Q Was Miss Head evaluated with the other Commercial
Education teachers in the system?
A She was, yes, sir.
Q With respect to Miss Head as compared with the
three other Business Education teachers in the system, what
was your conclusion as to Miss Head?
A I cons id.er.- His S' Head not to be on par with tne othei
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three teachers in the system.
Q Did you make such a recommendation to Mr. Blakeney?
A Yes.
MR. GUNTER: You may examine the witness.
-0-
CROSS EXAMINATION
BY MR. MOORE:
Q Mr. Ellenburg, you went to Miss McCrary's class
once in March of 1969, isn't that right?
A I don't believe it was in March, sir. I believe it
was previous to that time.
Q About the last of February?
A Some time around February -- I am not sure of the
date, sir.
Q You don't know whether it was before February l4,
1969, or afterwards, do you?
A I could not tell you a date, sir, no, sir.
Q And the occasion that you went there to her classro.
was in connection with the social science studies program,
is that correct?
That is right.
And you were there for a period of fifteen minutes?
Something in that neighborhood, yes, sir.
Xt certainly wasn't more than fifteen minutes, <̂ as
If___________ ___ _____________________ J
A
Q
A
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it?
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A I would say around fifteen minutes, yes, sir.
Q And that was the only time that you actually
visited her classroom during the school year 1968-69'?
A No, sir. I am in and out of the classroom several
times during the year.
Q You mean Miss McCrary's classroom?
A Yes.
Q Do you recall your testimony given on deposition —
A I recall I said I tried to visit every classroom
in the system three or —
Q Just one second.
A — three or four times during the year.
q All right, you remember you gave a deposition on
June 18, 1969?
A Yes, sir.
Q In the office of Mr. William Gunter in this case?
A Yes, sir.
Q And I would like to know if you recall your
testimony on Page 19, beginning at Line 19:
"Do you have any positive recollection of going
into Miss McCrary's classroom during the school year 1968-69?
Answer: "Not specifically. I couldn't say what
day, but I know I visit the school constantly in my duties."
tt
Is that you testimony?
A Yes, sir, that is still my testimony.
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Q You still have no specific recollection of going to
Miss McCrary's classroom?
A I told you I could not give you a date I went in
in February or January, no, sir.
Q Do you remember this answer, this question 'and
answer on Page 20.
Question: "I want to know if you have a positive
recollection of going into her classroom in the fall of the
school year 1 9 6 8-6 9 .”
Do you recall that question?
A Yes, sir.
Q And your answer: "No, I couldn't say that, no.”
Do you remember that?
A I cannot give you dates, no, sir, I cannot give you
dates.
Q And your answer was that you had no specific
recollection of going to Miss McCrary's classroom —
A I could not point out dates, sir, no, sir.
Q Now on Page 21 in your deposition I ask you if you
recall this question:
j
"Now, do you have any specific positive recollectioji
of visiting Miss" McCrary' s classroom on any occasion other
than the last of February, 1 9 6 9, during this last school year?
j
Do you remember that question?
A No, sir, I don't remember the question.
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Q All right, your answer was:
"Not to recall any specific instance that I can
testify to, no."
Do you remember that answer?
A I cannot recall dates at any time that I went in
anyone's classroom, sir. It is almost impossible to do that.
Q ’Was the answer you gave on June 1 8 , 1969? on
Page 21 of your deposition, a true and correct answer at the
time you gave it?
A My testimony is that I cannot recall dates.
Q Just one second. You want to answer this question?
A State the question again, sir.
Q Was the answer that you gave on Page 21 that I have
just read, of your deposition taken on June 18, 1969, a
true and correct answer when you gave it?
A I am stating that I cannot remember dates that I
recall going into anyone's classroom.
Q Perhaps I am confusing you. I am asking you whethe[r
|
or not the answer you gave on your deposition that I have just
read was a true and correct answer at the time you gave it?
A I am stating that I cannot recall dates when I go
into people's classrooms, because I visit a lot of classrooms
and I simply cannot remember the dates. It is impossible for
me to do so,
THE COURT: I take this to mean, Mr. Moore, he
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608A
remembers having gone, but I don't think he remembers
when. I believe that is what he testified to in the
deposition.
In the interest of time, I don't like to interrupt
your examination, but I believe you are wasting a little
t ime.
BY MR. MOOREj
Q Now, Mr. Ellenburg, you are white, is that correct?
A Yes.
Q And you are a lifelong resident of Georgia?
A Yes, sir.
Q You were educated at Berry College?
A Yes, sir.
Q You have an A.B. Degree from Berry College?
A B.S. Degree.
Q B.S. Degree. Pardon me.
That is in Rome, Georgia?
A That1s correct.
Q And you have a Master's Degree from the University
of Georgia? .
A That is correct.
Q And you have always lived in the Gainesville area,
is that correct?
A No, sir. I
Q All right, where else have you lived?
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A Originally from Wilkes County, and was educated
there, went to Berry College, and then --
Q And your age, sir?
A I am forty.
Q Nov/, Miss McCrary's principal is a black woman,
is that correct?
A Mrs. Trawick, yes, sir.
Q And Miss Head's principal is a black man, is that
correct?
A Yes, sir.
Q The principal of the Gainesville School where Mrs.
Presnell and Mrs. Glass taught or teach is white, is that
correct?
A Yes, sir.
Q You wouldn't say that you are more qualified to
judge the effectiveness of a teacher than the principal of
the school, would you?
A Well, that is a matter of opinion.
Q I would like to have your opinion on it.
A I think I am just as qualified as any principal in
this system to judge the evaluation of a teacher, yes.
Q Notwithstanding the fact, sir, that your encounter
and visit to the teacher's classroom is infrequent?
A Over the period of years, sir, I have been in this
system something like twelve years, and I have visited a
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number of occasions. In fact, I have been in this system
longer than some of the principals, and I know a lot of these
people, and you build up these evaluations over a period of
time.
Q You don't have the kind of day to day contact with
o
the teacher and. her students that the principal has, do you?
A I have contact with the principal. I talk to the
principals about evaluations. I talk about -- I visit in
the classrooms. I talk to our supervisors, our coordinators,
and I get a lot of evaluations this way, sir.
Q The question is, sir, I want you to answer yes or
not, if you have an explanation you are permitted to make
it, but my question is, sir, simply this: You do not, do you!,
have the same type of daily contact with the teacher and
her students as the principal does?
A No, I wouldn't say that.
MR. MOORE: No other questions.
-0-
RE-DIRECT EXAMINATION
BY MR. GUNTER:
Q Mr. Ellenburg, on March the 6th, 1969, did you go
to E. E. Butler High School to consult with Miss Head
concerning her non-re-employment?
A Yes, sir.
Q At the time you had this discussion with her what
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did she tell you?
A She told me that she had decided not to come back
anyway, and that this conference was not necessary.
MR. GUNTER: No further questions.
- 0 -
RE-CROSS EXAMINATION
BY MR. MOORE:
Q Mr. Ellenburg, Miss Head wrote you a letter, did
she not?
A Yes, sir, that is right.
Q And that letter was addressed to you, Plaintiffs'
Exhibit 8, in which she indicated that she did desire a
place in the school system, am I right?
A This is a copy of her letter.
Q And do you remember the date upon which you
received it?
A No, sir, I couldn't say. Shortly, somewhere around
the 10th of 11th of March, but I am not sure.
Q At the time you received this letter you had not
sent out contracts or issued contracts to teachers for the
year 1969-70, had you?
A I do not believe that contracts had gone out at
that time.
Q Have the contracts gone out yet?
A Oh, yes, sir.
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Q You are positive that they had not gone out at that
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t ime?
A Not on the 10th of March when the letter .was writt
MR. MOORE: No further questions.
MR. GUNTER; No further questions.
(Whereupon, the witness was excused from the stand.)
- 0 -
MR. GUNTER: Call Mrs. Green, Mrs. Willanell Green.
While she is coming, may it please the Court, I
have filed an answer and served Mr. Moore. Mr. Moore
has acknowledged service of a copy.
Also, I received today a copy of a memorandum brief
signed by Mr. A1 Evans, Department of Law, requesting
me to deliver a copy to Mr. Moore, and I have so deliver
a copy of it to Mr. Moore.
MR. MOORE: That's correct, Your Honor.
THE COURT: All right, sir.
THE CLERK; Mrs. Green, would you come around and
be sworn. Raise your right hand.
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
Individually and as Superintendent of Schools, and
others, shall be the truth, the whole truth and nothing
but the truth, so help you God.
MRS. GREEN: Yes, sir.
/r i O
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THE CLERK: Just have a seat on the witness stand.
- 0 -
MRS. WILLANELL E. GREEN.
Called as a witness by the Defendants, after having first
been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GUNTER:
Q Mrs. Green, will you state your full name for the
Reporter so he can put it in the record?
A Willanell E. Green,
Q Mrs. Green, what is your -- you are a resident of
the City of Gainesville?
A No. I live eleven miles north of Gainesville on
129.
Q On Highway 129?
A Yes, sir.
Q You are connected with the Gainesville School
System?
A Yes, sir.
Q In what capacity?
A I am Language Arts Coordinator.
Q How long have you been in that capacity with the
Gainesville System?
A In this position two years.
Q What did you do prior to being in this position for
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two years?
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A Full time classroom teaching, Latin and English.
Q What school?
A Gainesville High School. I have been in it,
connected with this system for eleven years.
Q, Eleven years?
A I still teach three periods of Latin a day.
Q Now, what are your duties in your position as
Language Coordinator?
A Language Arts Coordinator.
Q Language Arts Coordinator.
V/hat are your duties in that capacity?
A We define Language Arts as English and foreign
language. This means that I try to coordinate our programs
in foreign language, and this is only in the two high schools,
and in English, and this is from kindergarten through grade
12 in all of our schools.
By ’’coordinator" I mean that I see that we are
teaching a program to children which is as nearly the same
in all elementary schools as it could be and which is
sequential and which will connect well with the work we do
in junior high and in senior high.
Q All right, now, what is your educational background'!*
A I have a B.S. in Education, elementary certification
from North Georgia College.
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f i l S A 521
I am a Master of Education with a major in English
from the University of Georgia.
I have a six-year specialist in English from the
University of Georgia.
Q You do not know or haven't had any contact with
Miss McCrary?
A I know Miss McCrary only in that she is a teacher
at Fair Street, that she has taught there these two years
that I have been working as coordinator and in in-service.
By "in-service" I mean that I have gone in in our
sessions after school working on our English program, and I
have.worked with Miss McCrary this way, but I have never
been in her classroom.
Q Were you asked to give an evaluation of Miss McCrary
A Wot in that specific sense, because everybody that
I work with knows that I have not been in elementary classroom
In the two years I have been in three elementary classrooms.
So nobody would ask me to evaluate what she does in the
classroom in that manner.
I have talked with Mr. Ellenburg, with Mr. Blakeney
on numerous occasions about all of the teachers with whom I
do work, but specifically about her, not in that sense.
Q How about Miss Head?
A Yes, about Miss Head, I have talked with them,
. because Miss Head has taught English for two years.
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StSA
522
Q Will you explain to the Court what evaluation of
Miss Head or what recommendation of Miss Head you reported
or gave to the Superintendent of Schools?
A Miss Head, as I understand it, is not an English
teacher. I would not try to say what type of teaching she
does in her commercial work. I presume she is an effective
teacher in her commercial work, because I know nothing about
that. She is not an English teacher. She is not certified
to teach English, as I understand it, nor qualified to teach
English. So I could not state that she is an effective
teacher in English, 1 wouldn't want to be judged on a subject
in which I was not certified.
Q Did you visit in Miss Head's classroom?
A Yes.
Q Did you observe her teaching?
A Yes, I have.
My main purpose in being in her room was not to
observe her teaching. It was to help her find the materials,
the methods, and to see what the curriculum should be in this
work she was doing. It was to help her. It was not to
evaluate her.
Q What did you find in trying to help her?
A She was not teaching English effectively, because
she was not prepared to teach English effectively.
MR. GUNTER: You may examine the witness.
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G17A
523
BY MR. MOORE:
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CRCSS EXAMINATION
Q Is it Miss or Mrs.?
A Mrs. Green.
Q Mrs. Green, did Miss Head put forth her best foot,
so to speak, to do, to try to do an effective job as an
English teacher?
A I don't feel I can say whether she did or not,
because I don't know what her best \^ork is. If I were trainei
in commercial, then I would feel like I could judge her. But
I do not feel I could say she did or she did not.
Q Let me put it this way. Was she conscientious in
trying to teach English?
A She met most of the in-service sessions that I had
with teachers during the two years. She tried to use the
materials I took her to use. She did not know how to use the
materials.
Q Are there other teachers in the high schools
operated by -the Gainesville City Board who teach outside of
their certification?
A There is very little of that here. It is definite
the exception. I would have to think a while before I could
say whether anybody else is doing that.
Q All right.
i y
£ /S'
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Do you know the reason why Miss Head v/as teaching
outside of her certification?
A I presume there were not enough commercial students,
Q And there must have been a surplus of students in
English classes, right?
A I wouldn't say that there was a surplus. All our
English classes were very small at Butler last year, because
some gentleman did not appear who had been given a contract.
I believe there were some English classes which needed to
be absorbed. We had a French teaching a class of English,
I believe, out there last year.
Q And Miss Head?
A Yes.
MR. MOORE: No other questions.
MR. GUNTER: No further questions.
THE COURT: You may go down.
THE WITNESS: Thank you.
(Whereupon, the witness v/as excused from the stand.)
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MR, GUNTER: May it please the Court, we would
tender in evidence the deposition of Mr. P. Martin
Ellard, v/hich was taken last Wednesday. Mr. Ellard
was chairman of the Board of Education for the year that
has just been completed. He is out of the country this
week, so Mr. Moore and I had the agreement that his
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deposition could be taken and introduced in evidence.
MR. MOORE: Yes, sir.
THE COURT: Is that agreeable?
MR. MOORE: That's correct, Your Honor.
THE COURT:. All right, sir, Mr. Clerk, if you will
mark that as part of the record in the case.
MR. GUNTER: We would like to take the deposition
of the principal of the E. E. Butler School, Mr. Baylor,
and also the deposition of the Hall County Super intendem;
of Schools at a later date for filing with the Court and
consideration by the Court, and, if that is permitted,
then we will rest our case.
MR. MOORE; No objection from the Plaintiffs, Your
Honor.
THE COURT: All right.
The only problem is when are you going to do this?
I know you can't stand here and say "We will do it
Thursday or Friday at 10:00 o'clock", because you may
not be able to get the witness or Court Reporter.
MR. MOORE: What about Saturday?
MR. GUNTER: I was getting ready to say, I have got
to give the Georgia Bar Exam Wednesday, Thursday and
Friday, but I would be -- I think Mr. Baylor will be
available, and the Hall County School Superintendent,
if Mr. Moore can come up Saturday morning, at 10:00
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G20A 5 26
o'clock, we will make it Saturday.
THE COURT: Have you got a reporter?
MR. GUNTER: We have a reporter in Gainesville. If
we can't, Mr. Moore can bring one from Atlanta like he
did last Wednesday.
MR. MOORE: That's right.
THE COURT: All right.
My point is, of course, there is a lot more to be
done other than sitting here listening to the evidence.
I have to have the record written up. There are a number
of exhibits. I assume you gentlemen would like to make
a written argument.
MR, MOORE: Yes, sir.
THE COURT: But I don't feel like -- I will give
the case priority, because of the circumstances, but,
as you know, sometimes we get bogged down in detail work,
and the next thing we know we are several months waiting
to get these things disposed of.
I will wait until all the evidence is closed before
I say anymore about that, but I wanted to be sure you
will expedite the depositions as quickly as possible so
the Court Reporter can start on the record.
MR. GUNTER: I think we will agree on Saturday
morning.
, MR. MOORE: Yes, sir. And the Reporter may be able
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527
to get it out by Tuesday, if they are not too long, or
even that Saturday afternoon,
MR. GUNTER: These depositions shouldn't be long.
THE COURT: Usually the Court Reporter can get it
out pretty quickly. I don't have to worry about that.
Do you have anything else?
MR. GUNTER: I have Defendants' Exhibit No. 1, which
is EMPLOYEE'S HANDBOOK which was not admitted in evidenc5
and I tender it at this time.
MR. MOORE: Without objection.
THE COURT: All right, let it go in evidence.
MR. MOORE: Mr. Pressley, did you give Mr. Ellard's
deposition a number?
THE CLERK; No, I just noted it on the minutes.
MR. MOORE: We would like to have one short witness
in rebuttal,
THE COURT: Do you have any more evidence?
MR. GUNTER: No, sir.
THE COURT; All right, you may proceed.
MR. MOORE: We would like to call for the purpose
of cross-examination Mr. Austin Brown, a member of the
Board of Education.
THE COURT: Who?
MR. MOORE: Mr. Austin Brown.
THE COURT: Is he present in Court?
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528
MR. GUNTER: Mr. Brown is not a member of the Board
of Education.
MR. MOORE: He was a former member.
MR. GUNTER: Yes.
MR. M O O R E H e was a member of the Board of
Education during 1 9 6 8-6 9 .
MR. GUNTER: I do not think that gives him the
right to cross examine him,
THE COURT: No. It would have to be a party to
the suit.
MR. MOORE: We would like to call him as a witness,
Your Honor.
THE COURT: All right, bring him in.
THE CLERK: Mr, Brown, if you will take the oath,
please.
The evidence you shall give in the issue joined
between Rosa A. Head and others and R. D. Blakeney,
individually and as Superintendent of Schools, and others
shall be the truth, the whole truth and nothing but the
truth, so help you God.
MR. BROWN: Yes, sir.
THE CLERK: All right, sir.
O’
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AUSTIN CLINTON BROWN.
Called as a witness by the Plaintiffs, after having first
been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. MOORE:
Q Would you state your name, sir?
A Austin Clinton Brown.
Q Where do you live, Mr. Brown?
A 280 Cooley Drive.
Q Is that in the City of Atlanta?
A It is out of the city now.
Q What is your business or profession?
A Insurance representative.
Q And for what company, sir?
A Atlanta Life Insurance Company.
Q Have you served as a member of the Board of
Education?
A Yes, I have.
Q V/hen were you first appointed?
A I-served twelve years. I can't remember the first,
q V/hen did you cease being a member?
A In May.
Q May, 1969?
A This year, yes.
q V/ere you a member of the Board of Education
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624A
530
throughout the school year in 1968-69?
A Yes.
Q Would you state whether or not during the time that
you were a board member the matter of the contracts of Miss
Clara Belle McCrary and Miss Rosa A. Head came before the
board for consideration?
A I voted in favor that they be given contracts.
Q And when was that?
A That was in February, I guess -- no, March, I guess
Q March?
A When we elect teachers. *
Q Pardon me?
A When we elect teachers. I believe that is March,
I believe.
Q And was there another member of the Negro -- pardon
me.
Was there another member of the Negro race on the
Board of Education at that time?
A Yes.
Q And who was he?
A Kyles Morehead.
Q Do you know whether or not he voted for the
contracts of Miss McCrary and Miss Head?
A He was not present.
Q He was not present.
C > ^
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Do you. know whether or not there was more than one
meeting at which the contracts of Miss McCrary and Miss Head
were considered?
A There was only one, and that was — I believe, and
that was the meeting, before the regular meeting of the
Personnel Committee, and I was on the Personnel Committee,
but I wasn't present at this meeting.
Q You were not present at the Personnel Committee
meeting?
A That's right.
. Q And you did vote as a member of the Board of
Education for Miss McCrary and for Miss Head?
A Yes.
MR. MOORE: No other questions.
-0-
CROSS EXAMINATION
BY MR. GUNTER:
Q Mr. Brown, you were a member of the Personnel
Committee?
A Yes, sir.
Q You received a notice of the meeting of the
Personnel Committee that was going to be held to consider
these contracts?
A Yes.
Q You did not come to this meeting because you knew
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532
that these contracts were going to be considered, did you?
A There were two reasons why I didn't go to the
meeting.
Q What were those?
A The first reason, I usually called, and I have done
this for a number of years, I usually talked, maybe a week
or a week and a half before time to elect teachers, to both
principals and asked them if there were any teachers they
were not going to recommend, or this type of thing.
Of course, I had been told by Mrs. Trawick and Mr.
Baylor that they vie re going to ask that all of their teachers
be rehired, and that was one reason.
The other reason is that I knew that these
contracts, I had heard, not talking with them, but by the
grapevine, as you can get a lot of news, that these people
were not going to be given contracts, Mrs. Harris' name,
were not going to be given contracts.
This probably is not the best way to do it, but,
at least it is the way I have been doing it, I can do a better
job by bringing what I have to say before the whole board,
and I knew that I was going to vote that they be given
contracts, and that is why — that is the second reason why I
did not go to this meeting.
Q You did not want to go to the meeting because you
knew that the contracts for re-employment for Miss McCrary
£ ̂y
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G27A. Q
533.
and Miss Head were going to be discussed at the Personnel
Committee meeting?
A Not just those. I knew that there were going to be
some more: Mrs. Harris, Mrs. Fortson. Yes, I knew they
were going to be discussed.
Q And you knew there were going to be other teachers'
contracts —
A Sure.
q — other than Negroes who were going to be discusse
A Oh, yes, yes. You discussed them all.
Q So you purposely did not go to the Personnel
Committee Meeting?
A That is true.
Q All right.
Now, had you discussed either one of these
Plaintiffs, either Miss McCrary or Miss Head, with the
Superintendent of Schools?
A We talked about it after the meeting, yes.
Q I am talking about prior to the Personnel Committee
Meeting?
A No.
Q You had talked with Mr. Baylor prior to the
Personnel Committee Meeting?
A This must have been about three or four weeks
before it. This time he didn't say anything about not
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C*£8 A.
53*+
turning their names in.
Q Mr. Baylor told you he was going to recommend every
teacher in his school?
A Every teacher.
Q For re-employment?
A That's right.
q And Mrs. Trawick told you she was going to recommem
every teacher in her school for re-employment?
A All of her teachers, right.
Q But you heard from some other source —
A Yes,
Q — other than the principals --
A That the contracts were going to be held up.
Q Now, do you recall where you heard this from?
A No, I can't say where I heard it the first time.
q Do you recall any source where you heard it prior
to the Personnel Committee meeting at which they were going
to be considered?
A I can't just remember just where I heard it, but
somebody, in discussing it, said, "I heard they are not
going to issue contracts to Mrs. Harris and Miss McCrary and
Miss Head."
q Mr. Brown, do you know whether anybody on the schoc:
staff told you this?
I am trying to find out -- I really don't know,
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and I am trying to find out how you understood this when the
principals didn't know it. Where you got your information
from is what I am trying to find out.
A Well, as I said, when I talked to the principals,
this was before, I doubt they knew at this time. If so, they
didn't say anything about it.
When I heard this, this was maybe a day or two befor
the regular Board Meeting, and I'm in and out, I guess, of
fifty or sixty houses a day, and usually somebody will jump
on you or something, "I hear y'all are having a meeting and
hear you are going to do this", but I can't -- I can't
remember where I first hear it.
Q Mr. Brown, you said you voted in the full board
meeting?
A Yes.
Q Do you recall how this vote came about? Was not the
situation presented that the names of all teachers who were
going to be re-offered contracts were placed on a list --
A That's right.
Q -- -and passed around to each member?
A That's right.
q Each member had a copy of this list in front of him?
A That's right.
Q And the names of people who were not on there, who
were presently in the system, were those who were not going to
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639A
________________________________________________________ 516 •
be re-offered contracts, is that correct?
A That's correct.
Q Nov/, there were eight or nine names of persons
now in the system who were left off of this list, were there
not?
A Yes, sir, that's right. Eight, I think.
Q Eight?
A Yes.
Q Nov/, the motion before the full board, do you
recall who made the motion that these teachers on this list
/
be re-employed or re-offered contracts for the ensuing year?
A The way they did it, the way it was done at that
time, we made a motion, there was a motion and seconded that
we would accept all of those teachers at certain schools,
at the different schools. We vote by schools.
And then you would vote on v/hether you are for or
against hiring these teachers that you are going to dismiss
or v/ithout their contracts.
Q Was that done at the Board Meeting, or was this
done at subsequent meeting of the Personnel Committee?
A No. This is the Board Meeting, the same night
the Personnel Committee met. The Personnel Committee met at
6 :3 0 and the regular board met at 7 *3 0.
Q All right, in the regular board meeting the motion
was that every name on this list be re-employed?
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537
A That's right. You had all the names of those who
you are going to employ on one list and those whose contracts
were going to be x^ithheld on another sheet,
q All right.
The motion for all those to be re-employed, did youo
vote for or against that motion?
A For,
Q For that motion?
A That's right.
Q All right, now, was there any motion made with
respect to the names on the other list who were not be
re-offered contracts at that time?
A The other names? What do you mean "the other names1'
Q You said on another sheet, --
A Yes, you had — you had one with the wnite teacners
on it and one with the Negro teachers on there.
Other words, you voted to accept all of the white --
reject all the white teachers — the white teachers who were
there on this one sheet, the motion would be whether you
were for letting them go or not.
I am getting a little confused.
Q Now, do you say that a motion was made on the
teachers who were not to be re-employed?
A That's right, The motion was made on that, and yot
could vote for it or against it. This was for the waite
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632A.
_________________________ :_______________________________ £1 8 ,___
teachers. And they had one for the Negro teachers. So you
voted on them separately.
Q In the full board meeting?
A' Yes, sir, full board meeting.
Q And how did you vote?
A I did not vote -- I did not vote -- I was the only
one who did not vote for the white teachers, I did not vote
at all, because some of them I do not know, I did not know
them, and I felt that I would not vote, so I did not vote
because I didn't know that much about them.
Q How did you vote on the Negro teachers?
A I voted that they be — that they be issued their
contracts.
Q Nov/, are you sure that this took place at the board
meeting?
A Yes. It was at the board meeting.
Q Was there a motion made in the board meeting --
Are you confused about this v/ith a subsequent
Personnel Committee meeting when the G.T.& E.A. was there and
Mr. Ellard was present?
A No.
MR. GUNTER: Excuse me just a moment.
THE WITNESS: I don't believe we had a called meeti
MR. GUNTER: Let me have a copy of the minutes.
MR. MOORE: I think they are there.
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633A.
539
BY MR. GUNTER:
Q Mr. Brown, I hand you Plaintiffs' Exhibit No. 31+j
which are the minutes of the Board of Education. Nov;, you
received a copy of the minutes of each board meeting, did you
not?
A Yes.
Q And it was written and sent out to you before the
next meeting, typed out?
A That is true.
Q All right, sir.
Now, if you will look here, this is the minutes of
the March 3rd, 1969 meeting.
"Each member was given a list of teachers recommends
by the Personnel Committee, Superintendent and staff to
receive contracts for the ensuing year. Harold DeLong,
Chairman of the committee, moved that the teachers recommended
be approved and the motion carried. The list was as follows:"
Now, this lists Candler Street Elementary School,
Enota Elementary School, Fair Street Elementary School,
Main Street Elementary School, Miller Park Elementary School,
E. E. Butler-High School, Gainesville Junior High School
and the Gainesville High School.
Now, there is nothing in the minutes concerning
what you have just testified about that there were two lists
one black list and one white list, and that there was any
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vote on them.
Now, v/hat I am trying to find out from you is are
you sure this took place at a board meeting, or did this not
take place at a subsequent meeting requested by the G.T.& E.A.
at which time you voted?
A No. I might have it confused, but it was at a
regular meeting.
Q Of the full Board of Education?
A Yes.
Q Well, will you read the — will you read the minutes
of the March 3rd meeting and see if there is any indication
that any vote was taken on teachers who were not to be
re-offered contracts?
A Well, it was at — we must have had a called
meeting, then, because we had to vote for -- we had to vote
on it.
Q Isn't the only vote you took on the March 3rd
meeting a decision voting on the teachers who would be
re-offered contracts?
A Yes. This is what this is.
Q That is what that is?
A That 's right.
Q Now, at that meeting no decision was taken by the
full board on persons who were not to be offered contracts,
except that their names were just left off of this list, isn't
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that correct?
A Well, they were discussed, though.
Q Right.
A At the regular meeting they were discussed.
Q Right.
A And the vote was for -- these were the ones that
would be rehired, and there was a vote -- there was a vote,
because it was in the DAILY TIMES that I was the only one thai
voted that they be issued contracts.
Q Do you know whether that was —
A So It could have been a called meeting.
Q It could have been a subsequent meeting?
A We could have had another meeting after March the
3rd.
q Did you have a meeting with the G.T.& E.A., the
board, after this at which G.T.&E.A. members were present?
A That was a meeting -- that was a meeting out at
the junior high school, I think.
Q Wasn't that after this meeting?
A Yes, yes, it would be after that.
Q 'Was that a full board meeting?
A The meeting that they had there was — that was a
full board meeting, yes.
q All right, will you look on the City Board Minutes
of May 5th, 1969, that you have there on that exhibit.
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£3S A
------- — __________________________________________
A May 5th?
Q May 5th?
A Yes.
Q All right, look on the second page, please.
A Yes, sir.
Q You got a copy of this after the meeting was held,
did you not?
A Yes. We usually get one after every meeting.
Q All right, beginning at the top of the second page:
"The evaluation of teachers was questioned by the
G.T.&E.A., particularly the use of supervisory personnel.
The Superintendent reported that teachers were evaluated by
the Board, their principals, the Assistant Superintendent,
and by himself. The opinion of supervisors employed system-
wide was considered as they were competent in their field
to judge a teacher's ability. He further stated that
principals were asked by the Board to evaluate their teachers
closer than ever this year because of the reduction in
number caused by the loss of Negro students and the proposed
salary increase. On February 20, the Personnel Committee
of the Board, other members of the board, all eight principal
met and went over the entire list of teachers now employed,
and the Personnel Committee decided not to offer contracts
to nine teachers, six of whom were white and three Negro.
O
The Chairman of the board stated that the board is
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not under obligation to renew the contract of any employee
when the contract terminates. He pointed out that only three
of the teachers not offered contracts were Negro, although
the students lost were all Negro. He further stated that the
board refused to renew the contract of a white teacher who
had taught almost as many years as one of the Negro teachers
in question, and this white teacher was recommended by her
principal and the Superintendent.
Another charge made by the G.T.& E.A, was that
different supplements are paid to personnel for industrial
arts, coaching, etc. The Superintendent replied that race
did not enter into the payment of supplements. In only one
instance has a difference been made. At the request of
Ulysses Byas, former principal of E. E. Butler, this school
was permitted to have more coaches than the school earned,
and the regular supplement for coaches was spread over the
added people."
The next paragraph:
"The G.T.& E.A. also asked that the Board recruit
and place Negroes in all the schools and in the central
office, grant maternity leave to teachers, grant teachers
a stipulated number of days to be out of the classroom for
personal reasons and have no deduction in pay."
The next paragraph:
"Following a lengthy discussion entered in by member
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© S 3 3 A O
________________________ _________ ________________________544_____
of the G.T.& E.A., a motion was made by Harold DeLong and
seconded by Roy Turner that contracts not be renewed for the
three teachers (Miss Clara Belle McCrary, Miss Rosa Head
and Mrs. Deborah K. Mack). This motion was carried by a vote
of eight to one."
Now, this is the meeting that you are referring to,
is it not?
A Yes.
Q So you were mistaken when you said that it was at
the first meeting?
A Yes, sir.
Q It was at the second meeting when the G.T.& E.A.
people were present at the board meeting?
A Yes.
Q Now, Mr. Byas — excuse me, I ’m sorry.
Mr. Brown, you have been on the Board of Education
for twelve years?
A Yes. I believe that is true.
Q Explain, do you think that the procedures for
evaluating teachers are satisfactory?
MR. MOORE: I object to that. That is incompetent
and is an ultimate question for the Court as to whether
the procedures are legally satisfactory or not.
THE COURT: I don't know whether that is a legal
matter, Mr. Moore. I assume the board has the right to
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set up the criteria. Maybe the statute says something
about it. Somebody sets up the criteria for evaluating
teachers.
I have been for two days listening to opinions, and
I am still listening to opinions.
MR. MOORE: Well, the second ground of our objection
would be that the proper foundation has not been laid
to ask this witness that particular question.
THE COURT: Well, he is talking about an administrau
matter in the school system, and he is speaking to a
witness who is an ex-member of the board, and I believe
he established this witness served on the Board of
Education for the City of Gainesville for twelve years.
I don't know that I have accepted anybody's
criteria of an expert witness, although I am quite
certain most of the people who have testified in this
courtroom know a lot more about the educational
processes than I, and I am sure this witness knows more
about the workings of a board of education and the
criteria used by them in the handling of administrative
matters than do I , so I will listen to everybody, and I
will make up my mind who I think may be correct later.
MR. MOORE: All right.
BY MR. GUNTER:
Q Mr. Brown, you have been in the courtroom, you have
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64QA
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heard all of the testimony yesterday and today, have you not?
A Yes.
Q Are these procedures that you have heard testified
about, generally are they the procedures used by the board
of education?
A Yes, yes.
Q And have they generally been used in this manner
ever since Mr. Blakeney has been the Superintendent?
A Yes.
Q Do you know Miss Head personally?
A Yes.
Q How long have you known her?
A I guess two years she has been here.
Q How about Miss McCrary?
A I have known her about forty-nine years.
Q About forty-nine years?
Miss McCrary has been teaching ever since you have
been on the Board of Education?
A Yes.
MR. GUNTER: No further questions.
THE COURT: Do you have any further questions?
MR. MOORE: Yes, sir.
-0-
RE-DIRECT EXAMINATION
BY MR. MOORE:
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6 4 IA D
Q Mr. Brown, at the meeting of March 3rd, 1969? when
there was a vote on the teachers who would be hired, can you
state whether or not the teachers, the names of those teacher^
were written out on separate sheets of paper underneath the
schools in which they were to be employed?
A They came out by schools rather than — by schools:
Main Street, Fair Street, Butler Street, that way.
Q, You knew the schools that were all black --
A Yes.
Q — and the schools that were all white and the
schools that were all — I guess that is it,
A Yes. Just Fair Street and Butler.
MR. MOORE: No other questions.
THE COURT: Do you have any further questions?
' MR. MOORE: No, sir.
THE COURT: Any further questions, Mr. Gunter?
MR. GUNTER: Just a minute, please.
-0-
RE-CROSS EXAMINATION
BY MR. GUNTER:
Q Mr. Brown, at the vote at the May $th -- at the May
meeting of the Board in 1969? when the vote was eight to one,
as far as Miss McCrary and Miss Head were concerned, there
were no lists at all there that night, were there?
A Probably not.
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Q Wasn't this just a discussion of these two people?
A Yes, these three people.
Q These three people?
A Yes, sir.
Q I'm sorry, these three people.
A This is right.
MR. GUNTER: No further questions.
THE COURT: Any further questions?
MR. MOORE: No, sir.
THE COURT: Just a moment, please, sir.
-0-
BXAKIMATION
BY THE COURT:
Q Was it ever discussed at any Board Meeting as to
why you were going to reduce the number of teachers that
were going to be re-hired for the coming year?
A Yes.
Q What was the reason?
A Because of the number of students we were losing
to the county.
Q Did you discuss — excuse me.
A Yes, sir. That's all.
Q Did you discuss the probability of a number of
students that were leaving the City System going to the
County System and how many teachers —
Y
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I assume you get money from the state and you had
to figure out how many teachers you would lose? Am I correct
or am I not?
A That's correct.
Q To you as a member of the Board was it fairly
obvious to everybody that nine teachers were going to have
to go?
A According to the number of students we were
anticipating losing, this was true, and this is about the
only way you can do it.
Q Vlas there any disagreement among the members of
the board as to the propriety of not renewing the contracts
of at least nine teachers, no matter who they may be?
A No.
Q Well, then, if nine teachers had to go and you felt
that Miss McCrary and Miss Head and the other lady, whose
name I don't recall, should have been retained, did you make
any suggestion or do you have in mind three other teachers
who might have to go?
A I think I made a statement that I known Miss McCrarJy
and especially Mrs. Harris for a number of years, and that I
felt that maybe I should be halfway responsible if we have
kept them there this number of years and all at once we find
that they are not good teachers.
q Did you know of any other teachers -- you were on
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the Personnel Committee, I believe?
A That's correct.
Q And did you know of any other teachers that would
be classified as "not as desirable" any more so than the
teachers that were being released?
A No, sir.
Q If that is a good word.
A No.
Q What was your solution, then, to the problem?
A To the problem?
Q You had a financial problem of having to let nine
teachers go, and, yet, you didn't want to let all of them go.
What was the solution going to be?
A Well, I felt that probably there could have been
teachers who were younger that probably wouldn't mind changing
that could leave, and I felt that these were -- these must
have been fair teachers or above-average teachers for us to
have kept them that long.
Q Miss Head, I think, had been there —
A Just two years.
Q She is a comparatively young lady?
A Yes, sir.
Q You were really more concerned with Miss McCrary?
A Mrs. Harris and Miss McCrary, because of the
length of time that they had been here. &
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S45A.
5 5 i
Q You felt maybe a younger teacher ought to be
released more than Miss McCrary because of her years of
service to the system?
A Yes.
THE COURT: I have no further questions. Does
anybody else have any? You didn't object to anything I
asked, but would you like to ask any more questions?
MR. MOORE: No, Your Honor, I don't have any more
quest ions.
THE COURT: All right, any more testimony?
MR. MOORE: The Plaintiffs will rest.
MR. GUNTER: Nothing further for the Defendants.
THE COURT: Gentlemen, I assume you would like to
make some written arguments. Surely you don't want to
make an oral argument this afternoon.
MR. GUNTER: I don't care to make any oral
argument.
THE COURT: It is rather late. We have all been
/
working very hard and very diligently the last few days.
I will give you an opportunity to make written
arguments, as well as give me any proposed findings of
fact, if you desire to do so. That v/ill depend on how
quickly the Court Reporter can get the record, and I
will ask him -- I have asked him and will ask him again
to give it priority, and as soon as the record can be
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552
procured, then how much time do you want, and I would
like to kind of put a burden on you gentlemen to move
along as fast as possible, because it is going to take
me some time after I get your written briefs, as you k
and I want to tj?y to expedite all the cases as quickly
as I can. I don't say I do^that in every case, but I
would like to expedite it.
How much time do you think you would need to give
me any more authority or any written arguments or
proposed findings of fact after you receive the record
for the Court Reporter?
MR. MOORE: How long is the record? About six
hundred pages?
REPORTER: About that.
MR. MOORE: If nothing comes up we can do it in
about ten days.
THE COURT: Ten days?
MR. MOORE: Yes, sir.
MR. GUNTER: When do you think you can get the
record?
REPORTER: A couple of weeks, I suppose.
MR. GUNTER: A couple of weeks.
THE COURT: I am going to have him pretty well
tied up for the next six weeks. He will be doing the
work at night.
Lv<-/
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6 4 7 A.
553.
MR. GUNTER: Do you want both of us to submit at
the same time, or should he submit first and give me
five days to answer and him five days to reply?
THE COURT: I will give you each ten days to submit
your written arguments and findings of fact simultaneous'
and, if you want to reply to that, I will give you five
days to do that.
MR. GUNTER: All right.
THE COURT: While the burden is on the Plaintiffs,
of course, ordinarily on a written motion, on a question
of law, you can do it that way, one submits a brief and
one submits a reply brief, back and forth, but where I
have factual issues, trying the case as a jury would
under normal circumstances,. I am going to be the trier
of facts, and I feel like you should both submit them
at the same time, and that is what I usually do on all
non-jury cases. Then I give you five days, if five days
is enough, if you need more I will give it to you, but I
will give you five days to reply, if you desire to reply,
MR; GUNTER: Yes, sir.
THE COURT: Do each of you understand that?
MR. GUNTER: Yes, sir.
MR. MOORE: Yes, sir.
THE COURT: Is that satisfactory?
MR. MOORE: That is satisfactory, Your Honor.
3 / J
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e m o
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 5k . . . .
THE COURT: I want to try to make it as convenient
as possible, bearing in mind, of course, I can't alway
agree with both of you on these things, but I will try
to accommodate you if I can.
Very well, then, rather than say the briefs should
be in by a certain date, I will say ten days from the
date that you receive the record from the Court Reporter.
And, of course, the Court Reporter will notify the Clerk
of the date that he mails them to you, and then I will
give you a couple of days to allow them to get there in
the normal course of business.
MR. GUNTER: Right.
THE COURT: Ordinarily I am not too rough. If
somebody calls and wants a couple of days, I am usually
agreeable to doing that without any problem.
Can you think of any other matters this afternoon
that need to be brought up?
MR. GUNTER: No, sir.
MR. MOORE: No, sir.
THE COURT: Now, there is a matter that you brought
up Monday, Mr. Moore, of the State Board of Education
being made a party. I have briefly read your brief
between recesses and sometimes on the bench here, and
I have also read the reply brief, and I really don’t
know that any of you have added any more to your initial
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555
briefs. You cited about two cases, and he cites the
Code Section, and that is about the long and short of it.
Your main case is that of -- it is in here
somewhere -- this Taliaferro County Case in which I
believe Mr. Nix was appointed receiver for the schools
of that county. In the reported version of that case,
although Mr. Evans tells me the school board was made a
party later, I cannot find from reading the reported
case, and I have read it twice, I read it after I talked
with Mr. Evans, I cannot find where they were ever made
a party.
True, they did appoint Mr. Nix as receiver, but
they appointed him as if they would appoint you or I,
not because he was — not that they had to appoint him
because he was superintendent of schools for the State
but because they desired to appoint him. They could hav
appointed anybody else, I assume*
I want to check that. That is the reason I am
postponing any decision on this other. I am going to
ask, if you gentlemen want to, and I will call Mr. Evans
after I get back to my office and tell him if he desires
to furnish any more authority or any more written
authority on that point, I would be glad for you to do
so.
And if I come to the conclusion there should be an
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5-56-
oral hearing insofar as that part of the case is
concerned, I wonder if I might agree -- I am sure he wii;
agree, but I will ask him if he will agree that that
be heard in Atlanta, if I have to hear any testimony.
You have made an offer of proof or told me you had
certain witnesses you wanted to produce to show certain
facts. Now, if it is necessary to have a hearing, can
that hearing be held in Atlanta? Or, if not, I have
got to make arrangements to come up here.
MR. MOORS: I don't see why it couldn't,
THE COURT: My point is, if either side requests
that it be heard in the division that it should be heard
in, I will come to that division, I feel that is my
obligation. But if both sides agree to hear it in
another place which is more convenient to all of us,
I will agree to that.
MR. MOORE: The Plaintiffs are agreeable to have
the hearing in Atlanta.
THE COURT: What I wanted to do is get a copy of
the ord-er. I may have to get it out of the Southern
District of Georgia, because that is where the case was
heard, any formal order that has been passed in the case,
because in the published opinions of cases I cannot
find where any state board was even made a party to the
case.
0 Y$
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557
MR. MOORE: Your Honor, our position is that it
doesn't depend upon whether or not the state was made a
party defendant in the Taliaferro Case. We think that
the Taliaferro Case shows such great similarity that the
Courts have judicially recognized that in a proper case
the State Superintendent of Schools can be made a
receiver, and, if need be, the State Board of Education
be made a party defendant.
But our bases of contention, Your Honor, are simply
this: One, we state a cause of action against the state
and, Two, that the State Defendants are involved in a
Federally assisted program under Title 6 . The State
Defendants are also involved in the expenditure of state
money. Therefore, they are covered under the Equal
Protection Clause of the Fourteenth Amendment, and
that they are, therefore, proper parties, and that they
have control, they are in a dominant and controlling
position of the financial lives of these separate school
districts, and, therefore, they should be a party
defendant, and that the school system of the State of
Georgia is not a many-pronged one but it is really a
unitary system with the State Board of Education at the
top.
THE COURT: I want you to know that I don't
consider the Alabama Case as authority in Georgia,
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because Georgia's system traditionally, I think, since
the Minimum Foundation Program was set up, has a rather
unique situation. I won't go into that now, because the
Defendants in this case here are not primarily concerned
with that element of the case.
MR. GUNTER: Your Honor., I think we are concerned
with it.
THE COURT: I mean insofar as -- of course, you are
involved, but —
MR. GUNTER: We certainly don't anticipate having
the State Board of Education or Mr. Nix appointed
receivers for the Gainesville City Board of education,
so we are vitally concerned with the matter.
THE COURT: I know you are concerned. I didn't mear.
to say you wouldn't be concerned. I meant by that you
were concerned with the legal aspects but the State is
the one that is resisting this. I have received no
brief from the Defendants, your Defendants, or anyone
else with respect to keeping the State out. The only
one so far has resisted the State staying out of this
particular case is the State of Georgia,
MR. GUNTER: At the pre-trial conference I did,
may it please the Court.
THE COURT: I was not present, as you know, through
out the whole pre-trial conference. It is one of those
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mixed-up things that Judge Edenfield was conducting with
respect to another case, and I was not able to be there
the entire time. Nor do I think Mr. Moore was there at
the time,
I raised the same question, though, that was raised
by Judge Edenfield at that hearing, and I have not
received a satisfactory answer from anybody yet on it.
Until you can show me the State of Georgia has the right ,
under the law, to tell a school system, no matter where
it may be located, which teacher they can hire and which
teacher they cannot hire, I take a very dim view of it.
The reason I am saying this now, this is authority
that I want see. I want authority on these points.
MR. MOORE: Your Honor, we take the position that
the State is responsible whether it acts affirmatively
or whether it acts passively, where there is discriminati
on the basis of race or color, and our allegations in
the complaint are adequate to charge discrimination on
the basis of race or color in a state and federally
assisted program, and the regulations —
THE COURT: Excuse me. I know what the point is.
You have raised it in your brief. That is not the point
I am talking about, and that is why I said, that is why
I am particularly asking you about this now, because, if
you are going to get involved, I will talk to you later
*4=4=1
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<R54A
about it by phone, but I want some authority from you
and from the State, since you are the one asserting it,
I assume you would be the one more interested in furnish
me the authority, whether or not the State passively
or actively — of course, if they are actively engaged
in it, it is obvious they could be made a party, they
could be made a party, but, unless they have the right
to tell the Gainesville School Board or the Atlanta
School Board or the Taliaferro County School Board or an;
other school board who they should hire and who they
should not hire, they do furnish money, and I think we
could stipulate how much money they get from three
sources: State, Federal and local, and the majority
of the money comes from the State, as I understand it,
so they do furnish money, but the question was asked by
Judge Edenfield at that hearing, and in response -- I
don't know whether Mr. Rindskopf made any response to it
or not, but he says: "When they send the money to the
Gainesville System, or any system, do they know how many
white or black teachers they have?" And the answer was
no,
o
MR. MOORE: But that isn't the issue that begs the
question.
THE COURT: I think the issue --
MR. MOORE: The question is whether the state has
________________________________________________________560
H aJ
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to promulgate rules and regulations outlawing discriminati
in a state-assisted and supported program of teacher-
hiring, and certainly the state does not have the power
to say you should hire, but the state does have an
obligation to take those steps that are necessary to root
out and to prevent racial discrimination in a state-
assisted program.
THE COURT: I understand what you are talking about.
I don't want to get into an argument now about the criteii
and so forth, but there are certain matters that I will
take up later with you, because it is late.
MR. GUNTER: May it please the Court, we would like
to, if the Court has a hearing on this matter, the City
of Gainesville, the Board of Education, would certainly
like to be present, because our position is going to be
that the state has not right in this matter as a party
until discrimination has been proved. The mere allegatior
of discrimination does not allow the state to be a party,
THE COURT: I understand.
MR. GUNTER: And this will be our position. As I
say, we think that Gainesville is vitally affected by
whether or not the prayers of the petition against the
State are allowed or not.
THE COURT: Well, any hearing that will be held, Mr,
Gunter, not only will you be invited to attend but I wil..
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€ )
encourage your attendance, and I will also encourage any
authority that you, Mr. Moore or the State can give me,
because I am always glad to get every bit of authority
I can find.
I have to say this, I consider an individual case
such as this, where the status oi the named individuals
is left in the air by reason of court action, more
crucial than I would a case in which you are seeking to
make a class action or make the State Board a party.
Therefore, it may be some time, if X have a hearing,
before I could have a hearing for the simple reason that
we are full-up from now until the first of August.
I was fondly hoping I might be able to have a couple
of weeks then. I don't know whether I will be able to
or not.
But, if not, we will try to set it up somewhere aft
that period of time. But, first, I want to go into this
a little bit more, I will be in contact with all partie
including the Defendants, the school board here and the
State Board of Education and the Plaintiffs in.this case
Gentlemen, are there any other matters that you knc
of that need to come up at the present time?
e
MR. GUNTER: No, sir.
MR. MOORE: None.
THE COURT: Thank you for your courtesy, gentlemen
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A.
56i
We will take a recess until further order,
(Whereupon, Court was adjourned at 6:^0 P. M.)
-0-
(ETJD OF TRANSCRIPT)
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G58A
UNITED STATES OF AMERICA
NORTHERN DISTRICT OF GEORGIA
Ij RUFUS L. HIXON, Official Court Reporter of the United
States District Court for the Northern District of Georgia
do hereby certify that the foregoing % 3 pages contain a'
true transcript of proceedings had before the said court
held in the City of Gainesville, Georgia, in the matter there
stated.
In testimony whereof I hereunto set my hand on this the
Northern District of Georgia
V , rtfwfc653A \
Plaintiff has filed a motion to alter or amend the order;
of this court, dated June 20, 1969.
That order granted a motion to dismiss the State School
Superintendent and the State Board of Education as parties in this
action. The court concluded that the state had neither constitu
tional nor statutory control over the hiring and firing of school
teachers. Pointing to this conclusion is Ga. Code Ann. §32-607,
which provides:
All teachers ... shall be employed by local
boards of education on the recommendation of
the superintendent of schools of the local
unit....
Based on this statute, the court concluded that the state was not
involved in any discriminatory firing of Negro teachers.
In the motion to alter or amend, plaintiffs assert they
are prepared to show that the contract of every teacher in the
State of Georgia is expressly made subject to the power and author'
ity of the State Superintendent of Schools, and the State Board
of Education. At issue is whether the state is involved in any
discriminatory teacher employment practices. In the event the
State Superintendent and State Board of Education have the power
over teacher contracts, as plaintiffs contend, then possibly facts
might be proved entitling plaintiffs to relief against the state
defendants.
ip S 3 A
A hearing for the purpose of reconsidering this court's
order of June 20, 1969, shall be held in Atlanta on Tuesday,
September 2, 1969, at 9:30 A.M., in court room 218, Old Post
Office Building.
So ordered this the 31st day of July, 1969.
Judge, Unipern States
for the Northern Disti
ict Court
ct of Georgia;
661A f'/i Fr>,Ln <N
°#fC
%IN THE UNITED STATES DISTRICT COURT
̂ i&UfFOR THE NORTHERN DISTRICT OF GEORGIA' H
GAINESVILLE DIVISION y'shcL
ROSA A. HEAD and CLARA BELLE
McCRARY, Individually and on
behalf of all others similarly
situated,
Plaintiffs,
Vs .
R. D. BLAKENEY, Individually
and as Superintendent of Schools
of the Gainesville, Georgia City
School District; GAINESVILLE CITY
BOARD OF EDUCATION; JACK P. NIX,
Individually and as Georgia State
Superintendent of Schools; and
GEORGIA STATE BOARD OF EDUCATION,
Defendants.
§
§
§
§
§
§
§
§
CIVIL ACTION
NO. 1 2 7 7
WRITTEN ARGUMENT ON BEHALF OF THE
DEFENDANTS BLAKENEY AND GAINESVILLE
CITY BOARD OF EDUCATION PURSUANT TO
TRIAL OF THE CASE BEFORE THE COURT
WITHOUT A JURY ON JUNE 23rd and 24th,
1969
This written argument is presented on behalf of the
defendants Blakeney and Gainesville City Board of Education
following the trial of the above-,stated case before the court
without a jury on June 23 and 24, 1969.
This written argument will be presented in three parts
as follows:
PART I - - Proposed statement of the case submitted
by the. defendants .
PART II - - Proposed findings of fact submitted by
defendants.
PART III- - Proposed conclusions of law submitted by
the defendants.
€G£A
For purposes of clarity the two plaintiffs will be
referred to as "Miss Head and Miss McCrary" and the two
defendants will be referred to as "Blakeney and Gainesville
City Board".
PART I
PROPOSED STATEMENT OF CASE SUBMITTED BY DEFENDANTS
This complaint was brought by Miss Head and Miss
McCrary, two black school teachers, who were employed by the
Gainesville City Board for the school year 1968-69 against four
defendants as follows: Blakeney individually and as City School
Superintendent, Gainesville City Board, Jack P. Nix, individually
and'as State School Superintendent, and Georgia State Board of
Education.
Miss Head and Miss McCrary alleged that they were pro
perly qualified and certified teachers in the Gainesville City
Schools during the school year 1968-69 and prior thereto. They
alleged that they had been notified by the defendant Blakeney
that they would not be given contracts to teach in the Gainesville
City School system during the school year 1969-70. They further
alleged that the failure to re-hire them was solely because of
their race or color, and that the racial refusal to re-hire is
illegal and unconstitutional under the Constitution and laws of
the United States.
The relief sought by the plaintiffs against Blakeney and
Gainesville City Board was as follows:
(a) That the court issue an injunction enjoining
defendants Blakeney and Gainesville City Board from refusing to
re-hire plaintiffs and members of their class because of their
race or color;
(b) That the court enjoin the defendants Blakeney and
Gainesville City Board from making or enforcing contracts with
2
G 4
any other teachers which will have the effect of denying
positions to plaintiffs and members of their class because
of race or color;
(c) The court order defendants Blakeney and
Gainesville City Board of Education to pay the plaintiffs any
salaries or future salaries of which they have been, deprived
by the defendants'illegal acts.
The complaint contained further allegations with respect
to the State Superintendent of Schools and the State Board of
Education and sought certain relief against them, but prior to
the trial the court dismissed as parties defendant the State
Superintendent of Schools and the State Board of Education.
Therefore for the purposes of this decision the allegations
pertaining to the State School Superintendent and the State
Board of Education and the relief sought against them are not
relevant.
The complaint invoked jurisdiction pursuant to 28 U.S.C.
§1343(3) and 42 U.S.C. §1983.
The defendants Blakeney and Gainesville City Board
answered the complaint of Miss Head and Miss McCrary admitting
that they had not been offered contracts to teach in the
Gainesville City School system for the year 1969-70, but said
defendants denied that the refusal to re-hire the plaintiffs was
on the basis of their race or color and further denied that any
racial discrimination had been practiced by the defendants in
the refusal to re-employ Miss Head and Miss McCrary for the
ensuing school year.
The case proceeded to trial before the court without a
jury on June 23rd and June 24, 1969. Two full days of evidence
was heard by the court, a transcript of the evidence consisting
of 563 pages has now been prepared and filed by the Court Reporter,
3.
counsel for the opposing parties have submitted written
arguments to the court, and the case is now ready for decision
by the Court.
PART II
PROPOSED FINDINGS OF FACT
SUBMITTED BY DEFENDANTS.
1 .
Miss Head and Miss McCrary were black school teachers
employed by the Gainesville City Board in the Gainesville School
system in the year 1968-69 and prior thereto. The Gainesville
City Board was the employer and Miss Head and Miss McCrary were
employees of Gainesville City Board. 'The teaching contracts
entered into by the Gainesville City Board with teachers were
for one year only, and the teaching contracts of Miss Head and
Miss McCrary, as well as all other teachers in the Gainesville
system, terminated at the end of the 1968-69 school year.
2 .
The Gainesville City Board did not offer contracts of
re-employment to Miss Head and Miss McCrary for the ensuing
school year, 1969-70.
3.
During the school year 1968-69 approximately 275 to 300
black Hall County students were enrolled in the Gainesville City
system, but because of the Hall County system's desegregation
plan said black students will not be enrolled in the Gainesville
City system during the year 1969-70, but said black students will
be enrolled and educated in the Hall County system during the
1969-70 school year. -There will be a net decrease in the total
enrollment of students in the Gainesville City system during the
year 1969-70 of approximately 275 to 300 students.
b.
<8 6i> A.
4.
.'The only reason for the overall reduction in the
teaching staff of the Gainesville City system for the school
year 1969-70 is the loss of black students from the Gainesville
City system to the Hall County system. (T. R. p. 49).
5.
For the past several years the Gainesville City School
system has been in the process of upgrading the quality of its
teachers. (Transcript p. 447 and T. pp. 450-51).
6.
In the school year 1968-69, twenty-six per cent of the
Gainesville system faculty was black and thirty-four per cent
of the Gainesville system student body was black. (T. 373).
7 .
The Gainesville City Board of Education consists of
12 members appointed by the Gainesville City Commission, and
the Mayor of the City of Gainesville serves as a member of the
Board by virtue of his office in addition to the 12 appointed
members. The Gainesville City Board has full and complete
control over the Gainesville City School system. (See Defendants'
Exhibit No. 1, "Employee's Hand Book", p. 5.) The personnel
committee of the Gainesville City Board during the school year
1968-69 consisted of five members, four of them white and one
of them black. (T. R. page 437). Two of the 12 appointed
members of the Gainesville City Board were black, and two black
persons have been members of the Gainesville City Board for
several years. (TR. 395).
8 .
"Under the system used by the Gainesville City Board for
re-employment or employment of teachers the superintendent/and
5.
his professional staff1 including principles of schools rated
teacher personnel and made recommendations to the superintendent
with respect to whether such teacher personnel should be
employed or not employed in the City School system. The super
intendent then made recommendations to the personnel committee
of the Gainesville City Board with respect to whether or not
teacher personnel should be employed by the Board. The personnel
committee of the Board then made its recommendation to the full
Board, and the full Board made the final decision as to whether
on not a teacher, black or white, would be offered a contract for
the ensuing school year.
9.
On February 20, 1969 the personnel committee of the
Gainesville City Board, other members of the Board, and all
eight (8) principals of schools in the Gainesville system went
over the entire lists of teachers then employed and the personnel
committee decided to recommend that contracts for the ensuing
year not be offered to nine (9) teachers, six of whom were white
and three of whom were black. (TR. p. 542).
10.
The superintendent recommended to the personnel
committee that Miss Head and Miss McCrary, after an evaluation
of them by himself and his staff, not be given contracts for
the ensuing school year because of their ineffectiveness as
teachers. (TR. p. 446). The personnel committee recommended
that Miss Head and Miss McCrary not be re-employed for the
ensuing year, and the personnel committee also recommended to
the full Board that seven other teachers in addition to Miss
Head and Miss McCrary not be employed for the ensuing year. Six
of the seven additional teachers were white and one of them was
black. The full Board voted not to offer contracts to said
f&7A
teachers for the ensuing year. (TR. 535 and 536).
; y 1L-
J^iss Head was a teacher of commercial education in the
Gainesville School system, and she was certificated by the State
only in this field. 'In evaluating Miss Head's effectiveness as
a teacher of commercial education the school superintendent com
pared her with all other teachers of commercial education in the
system, and in his judgment he rated Miss Head as least effective
of all of them. Since the Gainesville system would require one
less commercial education teacher during the ensuing year, the
superintendent recommended to the personnel committee that Miss
Head not be re-offered employment for the ensuing year. (Tr;. 112)
There were no positions open in the Gainesville City
system for which Miss Head could qualify for the ensuing school
year, 1969-70. (TR. 114).
13.
Miss McCrary was a teacher in the Gainesville City
system teaching the fourth grade. The superintendent did not
recommend Miss McCrary for re-employment for the school year
1969-70. (TR. 124). It was the superintendent's judgment that
Miss McCrary was not as effective a teacher as teachers that he
would want to retain in the school system, and this is the reason
he gave Miss McCrary after the Gainesville City Board had voted
not to re-employ her for the ensuing school year. (TR. 130). In
making his judgment concerning Miss McCrary the superintendent
compared Miss McCrary with all other teachers in her certificated
field throughout the system. (TR. 157). (TR. 407).
7.
/ / /
m s a
i4.
It was the superintendent's judgment after his
evaluation of all teachers that certain black teachers in
the system were effective teachers and they were re-offered
contracts for the ensuing school year upon his recommendation
to the Gainesville City Board. (TR. 411). The superintendent
also recommended to the Gainesville City Board that it employ
a new black teacher who the superintendent considered would be
an effective teacher in the classroom, and the Board accepted
his recommendation and employed her to teach in a predominately
white school in the system.. (TR. 414, 415).
PART III
PROPOSED CONCLUSIONS OF LAW SUBMITTED BY DEFENDANTS
1 .
The defendant Blakeney individually or as superintendent
of the Gainesville City School system was not the employer of the
plaintiffs, and therefore the evidence adduced upon the trial
fails to support a claim against the defendant Blakeney.
2 .
The failure of the Gainesville City Board to re-employ
the plaintiffs for the ensuing year was a decision exercised by
the Board in its discretion, there is adequate and sufficient
evidence in the record to substantiate the Board's failure to
re-employ, and the failure of the Board to re-employ the plaintiffs
was not based on the race or color of the plaintiffs. The court
is of the further opinion that the relief sought in the complaint
can not be granted in this civil action against the Gainesville
City Board because the Gainesville City Board is not a "person"
within the meaning of 42 U.S.C. §1983. The Gainesville City Board
occupies the status of a municipality, and the Supreme Court
of the United States in the case of Monroe vs■ Pape, 365 U. S.
167, has held that a municipality is not within the ambit of
the statute enacted April 20, 1871 and now codified as 42 U.S. C.
§1983. See also the case of Harkless, et al. vs. The Sweeny
Independent School District of Sweeny, Texas, et al,, C. A. No.
66-G-34 in the United States District Court for the Southern
District of Texas, Galveston Division. (Decision entered on
June 6, 1969 by U. S. District Judge James Noel).
An appropriate judgment may be prepared and presented
by counsel for the defendants consistent with these findings for
entry by the court.
k ~k -k ~k 'k -k ~k ~k -k -k -k
The foregoing is respectfully submitted by:
KENYON, GUNTER, HULSEY & SIMS
Wm. B. Gunter
ATTORNEYS OF RECORD FOR THE
DEFENDANTS BLAKENEY AND
GAINESVILLE CITY BOARD
9.
CERTIFICATE OF SERVICE
This will certify that a copy of the foregoing written
argument on behalf of R. D. Blakeney and the Gainesville City
Board of Education has been served by United States Mail this
date by depositing a copy of same properly addressed with
sufficient postage affixed thereon so as to reach them in due
course of mail upon the following:
Mr. Howard Moore, Jr.
Attorney at Law
859 1/2 Hunter Street, N. W.
Atlanta, Georgia 30314
Mr. Alfred L. Evans, Jr.
Assistant Attorney General
132 Judicial Building
40 Capitol Square
Atlanta, Georgia 30334
This 4th day of August, 1969.
G71A 7̂ /, / ^ p/ 3
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R O S A A . H E A D a n d C L A R A B E L L E 1
M c C R A R Y , I n d i v id u a l ly a n d on b e h a l f
o f a l l o t h e r s s i m i l a r l y s i t u a t e d ,
1
P l a i n t i f f s ,
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a s S u p e r i n t e n d e n t o f S c h o o ls of th e i
G a i n e s v i l l e , G e o r g i a C i ty S c h o o l
D i s t r i c t ; G A IN E S V IL L E C IT Y BO A R D
O F E D U C A T IO N ; J A C K P . NIX, J
I n d i v i d u a l l y a n d a s G e o r g i a S ta t e
S u p e r i n t e n d e n t of S c h o o ls ; a n d G E O R G IA
S T A T E B O A R D O F E D U C A T IO N , j
D e f e n d a n t s .
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C IV IL A C T IO N
N O . 1 2 7 7
B R I E F F O R P L A I N T I F F S A F T E R H E A R IN G IN
S U P P O R T O F T H E IR P R O P O S E D F IN D IN G S
O F F A C T A ND C O N C L U S IO N S O F L AW
I n t r o d u c t i o n
T h i s i s a c iv i l a c t i o n f o r i n j u n c t i v e r e l i e f a n d fo r a d e c l a r a t o r y
j u d g m e n t . P l a i n t i f f s a r e M i s s C l a r a B e l l e M c C r a r y a n d M i s s R o s a H e a d .
P l a i n t i f f s su e on b e h a l f of t h e m s e l v e s a n d a l l o t h e r s s i m i l a r l y s i t u a t e d .
T h e d e f e n d a n t s a r e R . D . B la k e n e y , S u p e r i n t e n d e n t of th e S c h o o l s of th e
G a i n e s v i l l e , G e o r g i a C i ty S c h o o l D i s t r i c t , a n d th e G a i n e s v i l l e C i ty B o a r d
of E d u c a t i o n . T h e d e f e n d a n t s G e o r g i a S ta t e B o a r d o f E d u c a t i o n an d J a c k
P . N ix , S t a t e S u p e r i n t e n d e n t o f S c h o o l s , w e r e o r d e r e d d i s m i s s e d a s p a r t y
d e f e n d a n t s b y an o r d e r of th e C o u r t d a t e d J u n e 20, 1969, w h ic h h a s b e e n
on
s e t d o w n f o r r e h e a r i n g on S e p t e m b e r 2, 1 969 / p l a i n t i f f s ' m o t i o n to a l t e r
o r a m e n d .
% 7 2 A
T h e n a m e d p l a i n t i f f s , tw o B l a c k s c h o o l t e a c h e r s f o r m e r l y e m p l o y e d
b y th e G a i n e s v i l l e C i ty S c h o o l D i s t r i c t , c h a r g e th e d e f e n d a n t s w i th d i s
c r i m i n a t i n g r a c i a l l y a g a i n s t t h e m a n d o t h e r s i m i l a r l y s i t u a t e d w i th r e g a r d
to e m p l o y m e n t , a s s i g n m e n t s , a n d d i s m i s s a l . D e f e n d a n t s d e n y t h a t t h e y
d i s c r i m i n a t e on th e b a s i s o f r a c e o r c o l o r a n d a l l e g e t h a t t h e y d id n o t
r e n e w t h e c o n t r a c t of M i s s M c C r a r y to t e a c h a f o u r t h g r a d e c l a s s a t th e
a l l - B l a c k F a i r S t r e e t S c h o o l b e c a u s e of a r e d u c t i o n i n th e n u m b e r of
s t u d e n t s a t t e n d i n g t h a t s c h o o l a n d f o r a l l e g e d " i n e f f e c t i v e n e s s " . D e f e n
d a n t s c l a i m t h a t M i s s H e a d w a s n o t r e - e m p l o y e d to t e a c h c o m m e r c i a l
e d u c a t i o n i n t h e a l l - B l a c k E . E . B u t l e r H ig h S c h o o l , s o l e l y b e c a u s e of
t h e r e d u c t i o n in e n r o l l m e n t .
A h e a r i n g w a s h e l d on p l a i n t i f f s ' m o t i o n f o r a p r e l i m i n a r y i n j u n c t i o n
i n G a i n e s v i l l e on J u n e 23 an d 2 4 th . P l a i n t i f f s w i l l n o w p r o c e e d to r e v i e w
t h a t e v id e n c e in t h e i r s t a t e m e n t of th e c a s e .
S T A T E M E N T O F T H E C A SE
T h e G a i n e s v i l l e C i ty S c h o o l D i s t r i c t i s o n e c h a r a c t e r i z e d b y l o n g
s t a n d in g a n d c o n t i n u in g d i s c r i m i n a t i o n a g a i n s t B l a c k s t u d e n t s a n d t e a c h e r s
on th e b a s i s o f t h e i r r a c e o r c o l o r . In N o v e m b e r , 1953, l e s s t h a n a
y e a r b e f o r e th e d e c i s i o n in B r o w n v . B o a r d of E d u c a t i o n , 347 U . S . 483
(1954) , th e d e f e n d a n t G a i n e s v i l l e C i ty S c h o o l D i s t r i c t e n t e r e d in to a
t w e n t y - o n e y e a r c o n t r a c t w i th th e H a l l C o u n ty B o a r d of E d u c a t i o n , in
w h ic h a l l o f th e B la c k c h i l d r e n r e s i d i n g in th e C o u n ty o u t s id e of th e C ity
o f G a i n e s v i l l e w o u ld a t t e n d s c h o o l in th e C i ty D i s t r i c t (E x h . 36). A
s e p a r a t e c o n t r a c t g o v e r n e d th e e d u c a t i o n of w h i te c h i l d r e n w ho l i v e d in
t h e C o u n ty b u t a t t e n d e d s c h o o l in to w n (E x h . 4 ) . T h e C o u n ty w a s a b le
to d e v e lo p a n d m a i n t a i n a n a l l - w h i t e s c h o o l s y s t e m t h r o u g h th e p e r f o r m
a n c e of t h e s e c o n t r a c t s . E v e n to d a y , t h e r e a r e n o B la c k t e a c h e r s
-2-
___________ 6 7/
e m p l o y e d in t h e H a l l C o u n ty S c h o o l S y s t e m ( D e p o s i t i o n of M r s . F r a n c e s
M i l l e r , A s s i s t a n t S u p e r i n t e n d e n t of th e H a l l C o u n ty S y s t e m , a t 10, 12,
13).
D e f e n d a n t G a i n e s v i l l e C i ty S c h o o l D i s t r i c t ( h e r e i n a f t e r r e f e r r e d to
a s C i ty D i s t r i c t ) t o o k no s t e p s to d e s e g r e g a t e i t s s c h o o l s y s t e m f o l lo w in g
t h e B r o w n d e c i s i o n . I t w a s n o t u n t i l a f t e r t h e p a s s a g e of th e C iv i l R ig h t s
A c t o f 1964 t h a t t h e C i ty D i s t r i c t m o v e d to d e s e g r e g a t e i t s s y s t e m a n d
p r e s e n t e d a p l a n o f d e s e g r e g a t i o n to th e D e p a r t m e n t of H e a l t h , E d u c a t i o n ,
a n d W e l f a r e a n d e x e c u t e d a l e t t e r o f a s s u r a n c e o f c o m p l i a n c e w i th T i t l e
V I of t h a t A c t . (E x h s . 1, 2 ) . C i ty D i s t r i c t s u b m i t t e d a p l a n w h ic h
p r o v i d e d t h a t d e s e g r e g a t i o n w o u ld b e a c h i e v e d b y a c o m b i n a t i o n o f g e o
g r a p h i c z o n in g a n d s o - c a l l e d f r e e d o m of c h o ic e (E x h . 1). N e i t h e r th e
o r i g i n a l p l a n n o r a n y r e v i s i o n s o f t h a t p l a n h a s r e s u l t e d in e i t h e r s i g n i
f i c a n t o r s u b s t a n t i a l d e s e g r e g a t i o n of th e s c h o o l s y s t e m .
D e f e n d a n t B la k e n e y t e s t i f i e d t h a t C i ty D i s t r i c t o p e r a t e s f iv e e l e m e n
t a r y s c h o o l s , tw o h ig h s c h o o l s , a n d o n e j u n i o r h ig h s c h o o l , ( T r . 1 6 -1 8 ) .
T h e t o t a l e n r o l l m e n t in th e f iv e e l e m e n t a r y s c h o o l s i s 2 , 4 4 1 . T h e r e a r e
723 B l a c k s t u d e n t s e n r o l l e d in th e a l l - B l a c k F a i r S t r e e t E l e m e n t a r y
S c h o o l a n d 76 B la c k s t u d e n t s in th e f o u r f o r m e r l y a l l - w h i t e e l e m e n t a r y
s c h o o l s . T h e r e a r e 475 s t u d e n t s e n r o l l e d in th e a l l - B l a c k E . E . B u t l e r
H ig h S c h o o l a n d 21 B l a c k s t u d e n t s a t th e f o r m e r l y a l l - w h i t e G a i n e s v i l l e
H ig h S c h o o l , w h o s e t o t a l e n r o l l m e n t i s 882. A t th e G a i n e s v i l l e J u n i o r
H ig h S c h o o l 113 B l a c k s a r e e n r o l l e d a n d 619 w h i t e s . Of t h e 475 s t u d e n t s
a t t e n d in g E . E . B u t l e r H ig h S c h o o l , 97 o f t h e m l i v e in H a l l C o u n ty . T h e r e
w e r e 169 B l a c k s f r o m t h e C o u n ty e n r o l l e d a t F a i r S t r e e t E l e m e n t a r y
S c h o o l d u r i n g th e l a s t s c h o o l y e a r ( T r . 45).
F a c u l t y d e s e g r e g a t i o n h a s l i k e w i s e b e e n h e l d to a b a r e m i n i m u m , f a r
b e lo w t h e s t a n d a r d s w h ic h h a v e b e e n s e t by t h e c o u r t s . F o u r w h i t e s
- G73A
- 3-
L L l .
w e r e e m p l o y e d a s t e a c h e r s a t th e a l l - B l a c k F a i r S t r e e t E l e m e n t a r y
S c h o o l d u r i n g th e l a s t s c h o o l y e a r . F a i r S t r e e t i s a l l o t t e d 27 f a c u l t y
p o s i t i o n s o r s p a c e s . O n ly o n e B l a c k t e a c h e r w a s e m p l o y e d a t E n o ta
E l e m e n t a r y S c h o o l , w h e r e t h e r e a r e 22 f a c u l t y p o s i t i o n s ( T r . 20). T h e
f a c u l i t i e s a t M i l l e r P a r k , M a i n S t r e e t , a n d C a n d l e r E l e m e n t a r y S c h o o ls
a r e a l l - w h i t e . T h e c o m b i n e d a l l o t t m e n t f o r t h e s e t h r e e s c h o o l s i s 47
( T r . 4 7 ) . O f th e t o t a l o f 39 t e a c h e r s a t t h e G a i n e s v i l l e H ig h S c h o o l ,
o n ly o ne of t h e m i s B la c k . T h e r e a r e 21 B l a c k t e a c h e r s a t B u t l e r H ig h
S c h o o l a n d 5 w h i te t e a c h e r s .
B l a c k t e a c h e r s h a v e b o r n e th e b u r d e n of d e s e g r e g a t i n g t h e C i ty
D i s t r i c t s c h o o l s y s t e m . S in c e C i ty D i s t r i c t c o m m e n c e d d e s e g r e g a t i o n ,
t h e r e h a s b e e n a s t e a d y a t t r i t i o n of B la c k f a c u l t y m e m b e r s f r o m th e
1
s c h o o l s y s t e m . T h e S u p e r i n t e n d e n t a t t r i b u t e s th e lo s f o f B la c k f a c u l t y
to t h e r e d u c t i o n of e n r o l l m e n t r e s u l t i n g f r o m th e r e t u r n o f a p p r o x i m a t e l y
600 B la c k s t u d e n t s to th e C o u n ty s c h o o l s y s t e m in o r d e r t h a t t h e C o u n ty
m i g h t d e s e g r e g a t e i t s s t u d e n t b o d i e s ( T r . 48 ) . A c c o r d i n g to M r .
B la k e n e y , th e p e r c e n t a g e r e d u c t i o n of B la c k f a c u l t y v i s a v i s B la c k
s t u d e n t s h a s b e e n a s fo l lo w s :
B la c k S tu d e n t B o d y B l a c k F a c u l t y
1 9 6 6 -6 7 p e r c e n t a g e of 39 1 /2 37
1 9 6 8 -6 9 p e r c e n t a g e of 34 26
1 9 6 9 -7 0 p e r c e n t a g e of 29 25 ( T r . 373)
In th e l a s t tw o y e a r s , C i ty D i s t r i c t h a s e m p l o y e d a t o t a l o f 57
n e w t e a c h e r s , 30 a t th e b e g in n i n g of t h e s c h o o l y e a r 1 9 6 8 -6 9 a n d 27 to
f i l l th e 30 t e a c h i n g v a c a n c i e s i t h a d th e e n d of th e s c h o o l y e a r 1 9 6 8 -6 9
( T r . 52). O n ly tw o of t h e s e n e w ly e m p l o y e d t e a c h e r s h a v e b e e n B la c k
( T r . 52). O ne of t h e m , a M i s s J e n k i n s of S a v a n n a h , G e o r g ia , w a s
-4-
675A
h i r e d b e c a u s e th e S u p e r i n t e n d e n t w a s p e r s o n a l l y a c q u a i n t e d w i th p e r s o n s
w h o k n e w of h e r f a m i l y b a c k g r o u n d ( T r , 4 1 4 , 4 1 5 ) . C i ty D i s t r i c t r e
c r u i t s m a i n l y f r o m p r e d o m i n a t e l y w h i te o r a l l - w h i t e c o l l e g e s a n d u n i v e r
s i t i e s in G e o r g i a a n d A l a b a m a ( T r . 6 5 - 7 0 ) . I t m o r e o r l e s s r e l i e s u p o n
n
w o r d o f m o u t h r e c r u i t m e n t to a t t r a c t B l a c k s t u d e n t s f r o m th e e ig h t
p r e d o m i n a t e l y B l a c k c o l l e g e s a n d u n i v e r s i t i e s l o c a t e d in G e o r g i a , t h r e e
of w h ic h a r e b r a n c h e s of t h e U n i v e r s i t y o f G e o r g i a S y s t e m ( T r . 68, 4 17) .
T h e e x p e c t e d r e d u c t i o n in e n r o l l m e n t in th e C i ty D i s t r i c t S y s t e m
w i l l r e s u l t in t h e l o s t o f s i x t e a c h i n g p o s i t i o n s a t F a i r S t r e e t a n d f o u r
a t B u t l e r H ig h S c h o o l . H o w e v e r , t h e r e a r e v a c a n c i e s a t F a i r S t r e e t n ow .
O n e of th e p r e s e n t v a c a n c i e s i s in th e f o u r t h g r a d e ( T r . 177). A n o t h e r
f o u r t h g r a d e a t F a i r S t r e e t i s to be t a u g h t b y a B l a c k t e a c h e r w ho i s n o t
c e r t i f i e d a n d w h o s e c o n t r a c t w a s o n ly c o n d i t i o n a l l y r e n e w e d . O ne c l a s s
in c o m m e r c i a l e d u c a t io n w i l l b e d i s c o n t i n u e d a t B u t l e r H ig h S c h o o l d u e
s
to t h e r e d u c t i o n in e n r o l l m e n t , r e s u l t i n g f r o m th e lo s t - 'o f a b o u t 97 B l a c k
s t u d e n t s to th e c o u n ty . H o w e v e r , th e C i ty D i s t r i c t w i l l c o n t i n u e to
o f f e r c o m m e r c i a l e d u c a t io n . O ne c l a s s w h ic h w i l l b e t a u g h t b y a B la c k
t e a c h e r w i l l b e o f f e r e d a t B u t l e r , a n d tw o c l a s s e s in c o m m e r c i a l e d u c a
t i o n , b o th of w h ic h w i l l be t a u g h t b y w h i t e s , w i l l be o f f e r e d a t G a i n e s
v i l l e Higbi S c h o o l . ( <
tf K 6 5* H ̂
M i s s H e a d i s a c o l l e g e g r a d u a t e , w i th a m a j o r in b u s i n e s s e d u c a t io n .
S h e h o l d s a T - 4 c e r t i f i c a t e f r o m th e S t a t e B o a r d of E d u c a t i o n ( T r . 335) .
A l l of h e r t e a c h i n g e x p e r i e n c e h a s b e e n i n t h e C i ty D i s t r i c t . S he h a s
t a u g h t a c o u r s e in c o m m e r c i a l e d u c a t i o n a t E . E . B u t l e r H ig h S c h o o l
f o r th e p a s t t h r e e y e a r s . F l a i n t i f f H e a d h a s e a r n e d t h r e e h o u r s c r e d i t
t o w a r d s h e r M a s t e r ' s D e g r e e by a t t e n d in g a s u m m e r s e m i n a r on b u s i n e s s
e d u c a t i o n a t G e o r g i a S t a t e C o l l e g e , th e A t l a n t a b r a n c h of th e U n i v e r s i t y
- 5 -
G7SA
o f G e o r g i a S y s t e m ( T r . 330) . M i s s H e a d ' s p r i n c i p a l , M r . L . C. B a y l o r ,
r e c o m m e n d e d h e r f o r r e - e m p l o y m e n t (E x h . 7).
D e f e n d a n t s c o n c e d e t h a t M i s s H e a d i s a n e f f e c t i v e t e a c h e r . S he w a s
h i g h l y r a t e d b y h e r p r i n c i p a l . M r . B a y l o r t e s t i f i e d t h a t h e r a t e d M i s s
H e a d " a v e r a g e o r a b o v e " ( D e p o s i t i o n of L . C. B a y l o r , a t 10). H is
a s s e s s m e n t o f M i s s H e a d ' s e f f e c t i v e n e s s a s a t e a c h e r of c o m m e r c i a l
e d u c a t i o n w a s u n c o n t r a d i c t e d . M i s s G r e e n , L a n g u a g e A r t s C o o r d i n a t o r ,
t e s t i f i e d t h a t s h e p r e s u m e d t h a t M i s s H e a d " i s an e f f e c t i v e t e a c h e r in h e r
c o m m e r c i a l w o r k " ( T r . 522) . S he m a d e no j u d g m e n t a t a l l on M i s s
H e a d ' s f i t n e s s to t e a c h b u s i n e s s e d u c a t i o n . S he w a s u n a b l e to a n d d id n o t
m a k e a j u d g m e n t on M i s s H e a d ' s e f f e c t i v e n e s s a s a n i n s t r u c t o r in c o m
m e r c i a l e d u c a t i o n . M i s s G r e e n o n ly r e p o r t e d to th e S u p e r i n t e n d e n t t h a t
M i s s H e a d w a s n o t a n e f f e c t i v e t e a c h e r of E n g l i s h , b e c a u s e s h e w a s n o t
t r a i n e d to t e a c h in t h a t a r e a ( T r . 5 22) . E n g l i s h w a s o u t s i d e o f M i s s
H e a d ' s c e r t i f i c a t i o n , a n d s h e t a u g h t t h a t c o u r s e o n ly b e c a u s e no o n e e l s e
w a s a v a i l a b l e ( T r . 5 22) . S he w a s n o t r e - e m p l o y e d s o l e l y b e c a u s e o ne of
tw o c l a s s e s in c o m m e r c i a l e d u c a t io n w a s d i s c o n t i n u e d a t th e a l l - B l a c k
H ig h S c h o o l , n o t f o r a n y w e a k n e s s a s a n o c c a s s i o n a l E n g l i s h t e a c h e r .
M i s s H e a d w a s m o r e h ig h l y r a t e d t h a n b o th of th e w h i te t e a c h e r s w ho
w e r e r e - e m p l o y e d to t e a c h c o m m e r c i a l e d u c a t i o n in th e w h i te h ig h s c h o o l .
M i s s H e a d w a s r a t e d " s u p e r i o r " in tw o c a t e g o r i e s b y h e r p r i n c i p a l (E x h .
7). N e i t h e r o f th e w h i te t e a c h e r s , M i s s G l a s s a n d M r s . P r e s n e l l , r e
c e i v e d a " s u p e r i o r " r a t i n g in a n y c a t e g o r y (E x h . 7). M i s s H e a d r e c e i v e d
a r a t i n g o f " a b o v e a v e r a g e " in e l e v e n c a t e g o r i e s a n d " a v e r a g e " in t e n
(E x h . 7). M i s s G l a s s r a t e d t e n " a b o v e a v e r a g e " , t e n " a v e r a g e " , a n d
t h r e e " u n k n o w n " on h e r e v a l u a t i o n s h e e t f o r th e y e a r 1 9 6 8 -6 9 (E x h . 7).
M r s . P r e s n e l l r e c e i v e d s e v e n t e e n " a b o v e a v e r a g e " r a t i n g s , f i v e " a v e r a g e "
a n d o n e " u n k n o w n " (E x h . 7).
- 6 -
£77 A
M i s s H e a d h a d m o r e e x p e r i e n c e in t h e C i ty D i s t r i c t S y s t e m th a n
M r s . P r e s n e l l . M i s s H e a d h a d t a u g h t f o r t h r e e y e a r s a n d M r s . P r e s n e l l
o n ly tw o y e a r s .
D e f e n d a n t B l a k e n e y f a v o r e d th e w h i te t e a c h e r s a n d t h e i r w h i t e p r i n
c i p a l in d e c i d i n g w h ic h of th e f o u r c o m m e r c i a l e d u c a t i o n t e a c h e r s w o u ld
n o t b e o f f e r e d a c o n t r a c t f o r th e y e a r 1 9 6 9 -7 0 . H e i n d e p e n d e n t l y e v a l
u a t e d th e B la c k t e a c h e r s b u t d id n o t do t h e s a m e f o r t h e w h i te t e a c h e r s .
O n M i s s H e a d ' s e v a l u a t i o n s h e e t h e w r o t e " a v e r a g e " (E x h . 7). O n th e
e v a l u a t i o n f o r m s u b m i t t e d f o r M r s . C a r t e r h e w r o t e , " g o o d c o m p a r e
f a v o r a b l y w i th a n y c o m m e r c i a l t e a c h e r in t h e s y s t e m " (E x h . 7). O n ly
s o m e o n e w i th a m i n d to d i s c r i m i n a t e r a c i a l l y c o u ld h a v e m a d e t h a t
s t a t e m e n t . M r s . C a r t e r d id n o t c o m p a r e f a v o r a b l y w i th a n y t e a c h e r in
t h e s y s t e m . S he w a s th e b e s t c o m m e r c i a l t e a c h e r in th e s y s t e m . In
th e y e a r 1 9 6 8 -6 9 , s h e e a r n e d tw o " s u p e r i o r " , s e v e n t e e n " a b o v e a v e r a g e " ,
t e a c h e r
a n d f o u r " a v e r a g e " r a t i n g s . N o o t h e r c o m m e r c i a l e d u c a t i o n / i n t h e s y s t e m
m a t c h e d h e r p e r f o r m a n c e .
P l a i n t i f f C l a r a B e l l e M c C r a r y
M i s s C l a r a B e l l e M c C r a r y i s b o th a n o u t s t a n d i n g t e a c h e r a n d c i t i z e n .
S he h a s t a u g h t in th e C i ty D i s t r i c t f o r t w e n t y - o n e y e a r s . S he h o ld s a
c o l l e g e d e g r e e f r o m C l a r k C o l l e g e a n d a m a s t e r s d e g r e e f r o m A t l a n t a
U n i v e r s i t y ( T r . 230) . M i s s M c C r a r y h a s d o n e f u r t h e r s tu d y in r e a d i n g
a t H o w a r d U n i v e r i s t y in W a s h i n g to n , D . C. , a n d B a ld S t a t e C o l l e g e in
M u n c i e , I n d i a n a . S he h o l d s a T -5 p r o f e s s i o n a l t e a c h i n g c e r t i f i c a t e f r o m
th e S t a t e B o a r d o f E d u c a t i o n . A l l o f h e r e x p e r i e n c e h a s b e e n w i th t h i r d
a n d f o u r t h g r a d e s t u d e n t s in th e a l l - B l a c k F a i r S t r e e t E l e m e n t a r y S c h o o l .
In 1962, s h e w a s v o t e d " T e a c h e r o f t h e Y e a r " b y h e r c o l l e a g e s in th e
t e a c h i n g p r o f e s s i o n ( B a y l o r d e p o s i t i o n , a t 15). M r . B a y l o r , f o r m e r
p r i n c i p a l o f F a i r S t r e e t , t e s t i f i e d t h a t M i s s M c C r a r y w a s c o o p e r a t i v e ,
- 7 -
678A.
w i l l i n g to fo l lo w s u g g e s t i o n s , a n d a n e f f e c t i v e t e a c h e r (I b i d , a t 17, 18).
H e h a d r e c o m m e n d e d M i s s M c C r a r y e v e r y y e a r s i n c e 1959 f o r r e - e m
p l o y m e n t . M i s s M c C r a r y ' s p r e s e n t p r i n c i p a l , M r s . T r a w i c k w h o u n t i l
t h e b e g in n i n g t h e s c h o o l y e a r 1 9 6 8 -6 9 w a s c u r r i c u l u m c o o r d i n a t o r ,
t e s t i f i e d t h a t M i s s M c C r a r y " h a d b e e n a n e f f e c t i v e t e a c h e r f o r th e l a s t " ,
. . . . 19 y e a r s s h e h a s b e e n t h e r e " ( T r . 169). M r s . T r a w i c k t e s t i f i e d
t h a t M i s s M c C r a r y m i x e s w e l l w i th th e o t h e r f a c u l t y a n d t h a t , !'She i s
l i k e d b y th e c h i l d r e n a n d h e r c o - w o r k e r s , t o o " ( T r . 169). M r s . T r a w i c k
r e c o m m e n d e d t h a t M i s s M c C r a r y b e r e - e m p l o y e d a n d i s w i l l in g to a c c e p t
h e r , i f th e d e f e n d a n t s w i l l g iv e h e r a c o n t r a c t ( T r . 176, 177, 179).
M i s s M c C r a r y i s a c o m p e t e n t a n d d e v o te d t e a c h e r . H e r i n t e r e s t
in c h i l d r e n e x t e n d s f a r b e y o n d t h e s c h o o l d a y . S h e m a n a g e s a l i b r a r y ,
w h ic h w a s n a m e d f o r h e r by th e c h i l d r e n w ho u s e i t . T h e l i b r a r y i s
l o c a t e d d i r e c t l y o p p o s i t e th e F a i r S t r e e t S c h o o l . M i s s M c C r a r y o r g a n i
z e d a c h a p t e r o r t r o o p o f g i r l s c o u t s f o r th e B l a c k c h i l d r e n . S h e i s an
a s s o c i a t e in a p r i v a t e v o l u n t a r y g r o u p t h a t a t t e m p t s to s t r e t c h th e
c u l t u r a l h o r i z o n s o f y o u n g c h i l d r e n b y t a k i n g t h e m o n t o u r s in o t h e r
c i t i e s a n d s t a t e s to s e e h i s t o r i c a l a n d c u l t u r a l p o in t s of i n t e r e s t . In
m o r e th a n t w e n t y - o n e y e a r s i n th e p u b l i c s c h o o l s y s t e m , s h e h a s o n ly
m i s s e d o n e d a y f r o m h e r c l a s s e s f o r p e r s o n a l r e a s o n s ( T r . 233).
T h e d e c i s i o n n o t t o . r e - e m p l o y M is s M c C r a r y i s th e p r o d u c t , in
p a r t , o f t h e a p p l i c a t i o n of i n d e f in i t e a n d n o n - o b j e c t i v e s t a n d a r d s of
e v a l u a t i o n . T h e a r t c o o r d i n a t o r f o r C i ty D i s t r i c t t e s t i f i e d t h a t M i s s
M c C r a r y w o u ld be th e w e a k e s t t e a c h e r a r t - w i s e in th e s y s t e m ( T r . 4 5 8 ) .
W h a t s h e m e a n t b y t h i s i s t h a t M i s s M c C r a r y d id n o t t e a c h a s m u c h
a r t a s s h e c o n s i d e r e d d e s i r a b l e ( T r . 4 5 8 - 6 2 ) . T h e a r t c o o r d i n a t o r m a d e
n o a l l o w a n c e w h a t s o e v e r f o r M i s s M c C r a r y ' s e f f o r t s to c o r r e l a t e th e
a r t e x p e r i e n c e o f h e r s t u d e n t s w i th th e m a t e r i a l s t h e y w e r e r e a d i n g
073 A.
a n d d e m o n s t r a t e d no a p p r e c i a t i o n w h a t s o e v e r of t h e d i f f i c u l t i e s e n c o u n t
e r e d in t e a c h i n g c h i l d r e n f r o m i m p o v e r i s h e d h o m e b a c k g r o u n d s a n d
l i m i t e d l i f e e x p e r i e n c e s . I t i s a p p a r e n t t h a t t h e a r t c o o r d i n a t o r i s a
m o s t p e t t y p e r s o n w ho w a s p e r s o n a l l y p iq u e d a t M i s s M c C r a r y b e
c a u s e s h e w a s m a d e to w a i t on o ne o c c a s i o n w h e n s h e v i s i t e d M i s s
M c C r a r y ' s c l a s s r o o m u n t i l M i s s M c C r a r y f i n i s h e d a r e a d i n g a s s i g n m e n t .
T h e o n ly i n c i d e n t o r c o m m e n t s h e i s r e p o r t e d to h a v e m a d e a b o u t M i s s
M c C r a r y in v o l v e s t h i s i n c i d e n t ( T r . 170).
T h e r e a d i n g s p e c i a l i s t , M r . M a s s e y , t e s t i f i e d t h a t M i s s M c C r a r y
w a s a p o o r t e a c h e r o f r e a d i n g . W h a t h e m e a n t w a s t h a t M i s s M c C r a r y
d id n o t o r g a n i z e h e r c l a s s to h i s l i k in g . ( T r . 209) H o w e v e r , h e n e v e r
b r o u g h t t h e m a t t e r to h e r a t t e n t i o n a n d a p p r o v e d a l l of h e r l e s s o n p l a n s
t h r o u g h o u t t h e y e a r (E x h . 15). M a s s e y m a d e o t h e r c o m m e n t s on h e r
l e s s o n p l a n s . S u r e l y , i f th e C o u r t i s to c r e d i t h i s t e s t i m o n y t h a t th e
m a n n e r in w h ic h h e r c l a s s w a s o r g a n i z e d w a s s i g n i f i c a n t , h e w a s o b l i
g a t e d to b r i n g i t to h e r a t t e n t i o n . M a s s e y a l s o a t t e m p t e d to f a u l t M i s s
M c C r a r y f o r u s i n g c e r t a i n t e a c h i n g m a t e r i a l s , b u t t h e s e t e a c h i n g a i d s
w e r e o n ly a v a i l a b l e , i f a t a l l , on a l i m i t e d b a s i s ( T r . 2 1 9 - 2 7 ) . M a s s e y
f u r t h e r c l a i m e d t h a t M i s s M c C r a r y d id n o t d i f f e r e n t i a t e on t h e b a s i s of
a b i l i t y l e v e l s a m o n g h e r s t u d e n t s a n d t a u g h t t h e m a l l a t t h e f o u r t h g r a d e
l e v e l a n d d id n o t p r o v i d e t h e m w i th s e q u e n t i a l m a t e r i a l s . A p p a r e n t l y ,
M a s s e y d id n o t k n o w w h a t h e w a s t a l k i n g a b o u t . A t th e t r i a l , M i s s
M c C r a r y d e m o n s t r a t e d t h a t s h e d id d i f f e r e n t i a t e a m o n g a b i l i t y l e v e l s of
h e r p u p i l s a n d s y s t e m a t i c a l l y w e n t a b o u t i d e n t i f y in g th e l e v e l s so t h a t
t h e s t u d e n t s c o u ld b e g r o u p e d a c c o r d i n g l y . S he a l s o w e n t b e y o n d w h a t
w a s a v a i l a b l e a n d p r o c u r e d a d d i t i o n a l m a t e r i a l s s h e f e l t a p p r o p r i a t e
f o r h e r s t u d e n t s ( E x h s . 2 2 - 2 8 ) .
-9-
L 7JC
M i s s M c C r a r y c l e a r l y q u a l i f i e d f o r r e - e m p l o y m e n t o v e r s e v e r a l o t h e r
w h i te t e a c h e r s . M i s s M c C r a r y ' s c o n t r a c t w a s n o t r e n e w e d , d e s p i t e th e
f a c t t h a t a w h i te t e a c h e r w h o w a s d e s c r i b e d a s " t i m i d , w e a k p h y s i c a l l y ,
p o o r p e r s o n a l i t y " w a s r e - e m p l o y e d to t e a c h t-he t h i r d g r a d e a t C a n d l e r
S t r e e t E l e m e n t a r y S c h o o l (S ee E x h i b i t 14, E v a l u a t i o n o f M i s s E l i z a b e t h
G r o w e r s ) . M i s s M c C r a r y h a s a b o u t s e v e n t e e n y e a r s e x p e r i e n c e a s a
t h i r d g r a d e t e a c h e r a n d i s c e r t i f i e d to t e a c h t h a t g r a d e . A n o t h e r w h i te
t h i r d g r a d e t e a c h e r a t E n o t a E l e m e n t a r y S c h o o l w a s r e - e m p l o y e d e v e n
th o u g h h e r p r i n c i p a l th o u g h t t h a t sh e s h o u ld r e t i r e a n d t h a t t h e t e a c h e r
d id n o t " h a v e th e k n o w - h o w to e f f e c t i v e l y o r g a n i z e h e r c l a s s (E x h . 14,
E v a l u a t i o n of M i s s M a r y S u m m e r ) .
B l a c k t e a c h e r s w e r e s i n g l e d o u t f o r d i s m i s s a l . A n e x a m i n a t i o n of
t h e e v a l u a t i o n f o r m s , E x h i b i t s 13 a n d 14, s h o w s t h a t o n ly t h e f o r m s of
B l a c k t e a c h e r s a r e m a r k e d , " r e d u c e h e r e i f n e c e s s a r y " .
M i s s M c C r a r y w a s t h e o n ly p r i m a r y g r a d e t e a c h e r in t h e s y s t e m
w i th a m a s t e r ' s d e g r e e , a n d s h e w a s o n e o f t h e m o s t e x p e r i e n c e d ( T r .
1 5 2 -5 3 ) .
T h e d e c i s i o n of th e B o a r d to r a t i f y th e d e t e r m i n a t i o n of th e S u p e r
i n t e n d e n t n o t to r e - e m p l o y p l a i n t i f f s i s b a s e d e n t i r e l y u p o n r a c e . F i r s t ,
th e C i ty D i s t r i c t d id n o t r e - n e w p l a i n t i f f s ' c o n t r a c t s , b e c a u s e o f th e
r e d u c t i o n in t h e n u m b e r of B la c k ^ s tu d e n ts a t t e n d in g i t s s c h o o l s . S e c o n d ,
w h e n th e B o a r d v o te d on th e c o n t r a c t s , t h e n a m e s o f th e t e a c h e r s to b e
r e - e m p l o y e d w e r e l i s t e d r a c i a l l y b y s c h o o l s ( T r . 5 3 7 -4 7 ) .
No w h i te t e a c h e r s w e r e d i s m i s s e d b e c a u s e of a n e x p e c t e d r e d u c t i o n
in t h e n u m b e r o f B la c k s t u d e n t s e n r o l l e d in C i ty D i s t r i c t . F i v e w h i te
t e a c h e r s w e r e r e l e a s e d , b u t in e a c h i n s t a n t t h e r e w a s s o m e r e a s o n to
s u p p o r t th e B o a r d ' s a c t i o n i n d e p e n d e n t of t h e r e d u c t i o n in e n r o l l m e n t .
-10-
L a £
. 6 SI A
M r s , C o r n e l i s o n w a s n o t r e - e m p l o y e d , b e c a u s e s h e w a s c o n s i d e r e d
" r e a l l y w e a k in s u b j e c t m a t t e r a n d e f f e c t i v e n e s s " ( D e p o s i t i o n o f R . D .
B la k e n e y , a t 105). M r s . P i e r c e w a s r e l e a s e d f o r h e a l t h r e a s o n s . (Ib id)
M i s s S t e p h e n s w a s " w e a k " a n d " h a d d i f f i c u l t y . . . . , in e f f e c t i v e l y e x p l a i n
in g th e m a t h e m a t i c s w h ic h s h e w a s s u p p o s e to t e a c h " (Ib id a t 106) . M r s .
W h i t e n w a s n o t o f f e r e d a n e w c o n t r a c t b e c a u s e s h e " w a s c o n s i d e r e d i m
m a t u r e " ( Ib id ) . M r s . D a k o ta h L e e w a s d i s m i s s e d d u e to " s o m e c o m
p l a i n t s f r o m th e c o m m u n i t y " ( Ib id , a t 107).
T h e d e f e n d a n t s t r e a t e d M i s s M c C r a r y a r b i t r a r i l y a n d v i o l a t e d t h e i r
ow n v a g u e s t a n d a r d s of e f f e c t i v e n e s s . I n i t i a l l y M r . B l a k e n e y to l d M i s s
M c C r a r y t h a t s h e w a s b e in g d i s m i s s e d b e c a u s e o f t h e e x p e c t e d r e d u c t i o n
in e n r o l l m e n t . W h en s h e p r e s s e d h i m , h e a d d e d th e g r o u n d t h a t sh e
w a s n o t a n " e f f e c t i v e " t e a c h e r . H e e x p l a i n e d th e b e l a t e d r e v e l a t i o n of
t h i s g r o u n d b y s a y i n g t h a t h e w a n te d to s p a r e M i s s M c C r a r y a n y p r o
f e s s i o n a l e m b a r r a s s m e n t b y r e f l e c t i n g on h e r c o m p e t e n c e in h i s l e t t e r .
T h e d e f i n i t i o n of a n e f f e c t i v e t e a c h e r a c c o r d i n g to M r . B l a k e n e y i s o n e
w h o i s c e r t i f i e d , p o s s e s s e s " g o o d m o r a l c h a r a c t e r " , e d u c a t e d , a b l e to
a r t i c u l a t e , a b i l i t y to k n o w t e a c h i n g t e c h n i q u e s a n d to u s e t h e m p r o p e r l y .
( T r . 132). M i s s M c C r a r y i s c e r t i f i e d . She i s v e r y w e l l - e d u c a t e d ,
w id e ly r e a d , a n d h a s t r a v e l l e d e x t e n s i v e l y . ' T h e r e h a s n e v e r b e e n a n y
q u e s t i o n o f M i s s M c C r a r y ' s m o r a l c h a r a c t e r b y a n y o n e . . . " ( T r . 135).
M r . B la k e n e y w a s u n a b le to c i t e a n y s p e c i f i c e x a m p l e s w h e r e M i s s
M c C r a r y l a c k e d k n o w le d g e o f t e a c h i n g t e c h n i q u e s o r th e a b i l i t y to u s e
t h e m p r o p e r l y ( T r . 136) . M r s . T r a w i c k r a t e d M i s s M c C r a r y a b o v e
a v e r a g e in " s k i l l in t e a c h i n g " (E x h . 13; T r . 145).
P l a i n t i f f s h a v e n o t y e t s u f f e r e d a n y d a m a g e s f o r w h ic h m o n e t a r y
c o m p e n s a t i o n i s a p p r o p r i a t e . T h e y h a d tw e l v e m o n t h s c o n t r a c t s a n d w i l l
- 1 1 -
L % o
f’8/« A.
b e p a id t h e i r s a l a r i e s t h r o u g h A u g u s t 30, 1969 . I f t h e y a r e n o t o r d e r e d r e
i n s t a t e d b e f o r e S e p t e m b e r 1 s t , t h e i r d a m a g e s m a y b e a s c e r t a i n e d in a
s u b s e q u e n t h e a r i n g c o m p u t e d o n th e b a s i s o f d i f f e r e n c e b e t w e e n w h a t th e
p l a i n t i f f s a c t u a l l y e a r n e d a g a i n s t w h a t t h e y w o u ld h a v e e a r n e d h a d th e y
n o t b e e n d i s m i s s e d . M i s s M c C r a r y w a s p a id a n a n n u a l s a l a r y of $8 , 624^
a n d M i s s H e a d w a s p a id $ 5 , 9 6 4 ( E x h s . 17, 13). P l a i n t i f f s a l s o s e e k a n
a w a r d o f a r e a s o n a b l e a t t o r n e y s f e e .
A R G U M E N T
P L A I N T I F F S A R E E N T I T L E D T O P R E V A I L
B E C A U S E T H E Y A R E T H E V IC T IM S O F
F O R B ID D E N R A C IA L D IS C R IM IN A T IO N IN
E M P L O Y M E N T
A. T H E P R I N C I P L E S O F L A W A P P L I C A B L E T O T H E C A S E
T h e r e i s m u c h a u t h o r i t y to s u p p o r t th e p l a i n t i f f s a n d t h e c l a s s w h ich
t h e y r e p r e s e n t in t h e i r a s s e r t i o n t h a t t h e y a r e th e v i c t i m s o f r a c i a l d i s
c r i m i n a t i o n in p u b l i c e m p l o y m e n t a t th e h a n d s of th e d e f e n d a n t s . T h e
p r i n c i p l e s o f la w a n d e q u i ty w h ic h c o n t r o l t h i s c a s e h a v e b e e n s u m m a r i e d
b y th e F o u r t h C i r c u i t , s i t t i n g en b a n c , in W a l l v , S t a n l y C o u n ty B o a r d
o f E d u c a t i o n , 378 F . 2d 275, a t 277 (1967) , a s fo l lo w s :
" i t i s n o w f i r m l y e s t a b l i s h e d in t h i s c i r c u i t (1) t h a t th e
F o u r t e e n t h A m e n d m e n t f o r b i d s t h e s e l e c t i o n , r e t e n t i o n , an d
a s s i g n m e n t of p u b l i c s c h o o l t e a c h e r s on th e b a s i s of r a c e ;
(2) t h a t r e d u c t i o n in th e n u m b e r of s t u d e n t s a n d f a c u l t y in a
p r e v i o u s l y a l l - N e g r o s c h o o l w i l l n o t a l o n e j u s t i f y th e d i s c h a r g e
o r f a i l u r e to r e e m p l o y N e g r o t e a c h e r s in a s c h o o l s y s t e m ; (3)
t h a t t e a c h e r s d i s p l a c e d f r o m f o r m e r l y r a c i a l l y h o m o g e n o u s
s c h o o l s *™ p jt_ b e_ jh d g ed b y d e f i n i t e o b j e c t i v e s t a n d a r d s f o r
c o n t i n u e d e m p lo y m e n t ; a n d (4) t h a t a t e a c h e r w r o n g f u l l y d i s
c h a r g e d o r d e n i e d r e e m p l o y m e n t in c o n t r a v e n t i o n of t h e s e
p r i n c i p l e s i s , in a d d i t i o n to e q u i t a b l e r e m e d i e s , e n t i t l e d to
a n a w a r d o f a c t u a l d a m a g e s " .
T h e p r i n c i p l e s s e t f o r t h a b o v e h a v e b e e n a p p l i e d in e a c h o f th e
fo l lo w in g c a s e s w h ic h h a v e r e s u l t e d in r e v e r s a l o f d e c i s i o n s n o t to
-12-
C83A.
r e - e m p l o y c e r t a i n B l a c k t e a c h e r s in a s c h o o l d i s t r i c t w h ic h w a s m o v i n g
to d e s e g r e g a t e . N o r t h C a r o l i n a T e a c h e r s A s s o c i a t i o n / v . A s h e b o r o C i ty
B o a r d o f E d u c a t i o n , 393 F . 2d 736 (4 th C i r . 1968); R o l f e v . C o u n ty B o a r d
o f E d u c a t i o n of L i n c o l n C o u n ty , T e n n e s s e e , 391 F . 2d 77 (6 th C i r . 1968);
390 H i l l v . C o u n ty B o a r d o f E d u c a t i o n of F r a n k l i n C o u n ty , T e n n e s s e e ,
390 F . 2d 583 (6 th C i r . 1968); S m i th v . B o a r d of E d u c a t i o n of M o r r i l t o n
S c h o o l D i s t r i c t ,N o . 32, 365 F . 2d 770 (8 th C i r . 1966); C h a m b e r s v.
H e n d e r s o n v i l l e C i ty B o a r d o f E d u c a t i o n , 364 F . 2d 189 (4 th C i r . 1966);
a n d F r a n k l i n v . C o u n ty S c h o o l B o a r d of G i l e s C o u n ty, 360 F . 2d 189 (4 th
C i r . 1966).
P l a i n t i f f s w i l l n o w p r o c e e d to a p p ly t h e s e p r i n c i p l e s to t h e f a c t s of
t h i s c a s e to d e m o n s t r a t e t h e m a n n e r in w h ic h t h e y h a v e b e e n s u b j e c t e d
to u n la w f u l r a c i a l d i s c r i m i n a t i o n . In t h i s r e g a r d , i t i s w i s e to r e m e m b e r
t h a t t h e F o u r t e e n t h A m e n d m e n t , l i k e t h e F i f t e e n t h " n u l l i f i e s s o p h i s t i c a t e d
a s w e l l a s s i m p l e - m i n d e d m o d e s o f d i s c r i m i n a t i o n " , b e c a u s e to d a y t h e r e
a r e f e w p u b l i c o f f i c i a l s s o u n - t u t o r e d in th e la w t h a t t h e y w i l l a d m i t
d i s c r i m i n a t i n g r a c i a l l y . L a n e v . W i l s o n , 307 U . S . 268 (1 9 3 9 ) . T h e
v o g u e i s to a s s e r t s o m e n e u t r a l n o n - r a c i a l r e a s o n to m a s k th e d e p r i v a
t i o n of e q u a l r i g h t s . T h e d e f e n d a n t s , h o w e v e r , m u s t do m o r e t h a n
a l l e g e th e ex i s t e n c e o f s u c h a r e a s o n ^ theyy m u s t s h o w t h a t i t i s a b o n a
f id e o n e b a s e d u p o n d e f i n i t e o b j e c t i v e s t a n d a r d s . In t h i s r e s p e c t , d e f e n
d a n t s h a v e f a i l e d to s u s t a i n th e b u r d e n o f p r o v i n g t h e i r c l a i m o f d e f e n s e .
B . T H E R E IS NO O B J E C T I V E BASIS F O R D E F E N D A N T S ' R E F U S A L T O
R E - E M P L O Y P L A I N T I F F S . _________ _________________________ __________ _
P l a i n t i f f s w e r e n o t r e - h i r e d a s t e a c h e r s b y C i ty D i s t r i c t s o l e l y
b e c a u s e of t h e i r r a c e o r c o l o r . M i s s H e a d a n d M i s s M c C r a r y b y e v e r y
o b j e c t i v e s t a n d a r d w e r e c o m p e t e n t a n d s t i l l a r e c o m p e t e n t t e a c h e r s . M i s s
H e a d h o l d s a T - 4 c e r t i f i c a t i o n f r o m th e S ta t e B o a r d of E d u c a t i o n . S he
-13-
h a s h a d m o r e t e a c h i n g e x p e r i e n c e th a n M r s . P r e s n e l l . M i s s H e a d h a s
t a u g h t f o r t h r e e y e a r s , a n d M r s . P r e s n e l l f o r o n ly tw o y e a r s . M i s s
H e a d h a s t h r e e h o u r s c r e d i t t o w a r d s a g r a d u a t e d e g r e e , a n d M r s .
P r e s n e l l n o p o s t - g r a d u a t e e d u c a t i o n . M i s s H e a d w a s r e c o m m e n d e d by
h e r p r i n c i p a l . M i s s M c C r a r y i s o n e o f t h e b e s t e d u c a t e d a n d o n e o f
t h e m o s t e x p e r i e n c e d t e a c h e r s in th e e n t i r e s c h o o l s y s t e m . S he h a s
t a u g h t th e t h i r d o r f o u r t h g r a d e f o r th e p a s t t w e n t y - o n e y e a r s . S he h a s
a m a s t e r ' s d e g r e e a n d h a s s t u d i e d f o r s e v e r a l s u m m e r s s i n c e r e c e i v i n g
h e r m a s t e r ' s . She h o l d s a T - 5 , l i f e - t i m e , c e r t i f i c a t e . H e r p r i n c i p a l
M r s . T r a w i c k r e c o m m e n d e d h e r f o r r e - e m p l o y m e n t a n d r a t e d h e r " a b o v e
a v e r a g e " in t e a c h i n g s k i l l s . T h e r e i s a v a c a n c y in b o th t h e t h i r d a n d
f o u r t h g r a d e s in t h e F a i r S t r e e t S c h o o l , a n d M r s . T r a w i c k h a s r e q u e s t
ed th e S u p e r i n t e n d e n t to r e - e m p l o y M i s s M c C r a r y to f i l l th e f o u r t h g r a d e
v a c a n c y .
c. P L A I N T I F F S ' D IS M IS S A L WAS N O T F O R A L A W F U L P U R P O S E .
T h e d i s c r i m i n a t i o n to w h ic h p l a i n t i f f s w e r e s u b j e c t e d i s m o s t
i n v i d i o u s . T h e i r d i s m i s s a l w a s n e i t h e r th e r e s u l t s o f n o r f o r th e p u r p o s e
o f d e s e g r e g a t i n g th e C i ty D i s t r i c t S y s t e m , b u t s o l e l y in f u r t h e r a n c e of
d e f e n d a n t s p o l i c y a n d p r a c t i c e o f e l i m i n a t i n g B l a c k t e a c h e r s . T h e i n i t i a l
m a s k o r e x c u s e f o r d i s m i s s i n g p l a i n t i f f s i s t h a t t h e r e w i l l b e a f u r t h e r
r e d u c t i o n in th e n u m b e r of B la c k s t u d e n t s in t h e C i ty S y s t e m . S u p e r
in t e n d e n t B la k e n e y h a s a t t r i b u t e d th e r e d u c t i o n of f r o m 37 p e r c e n t of th e
B la c k f a c u l t y p o s i t i o n s in 1 9 6 6 -6 7 to 25 p e r c e n t f o r 1 9 6 9 -7 0 to th e l o s t
o f B l a c k s t u d e n t s ( T r . 373; E x h . 33 , M i n u t e s of S ta f f M e e t i n g s , M a y 1,
1969).
B l a c k t e a c h e r s a r e b e in g d e n i e d e m p l o y m e n t o p p o r t u n i t i e s in C i ty
S y s t e m w h ic h i s l o s i n g B l a c k s t u d e n t s a s w e l l a s in th e c o u n ty s y s t e m
C84A
-14-
i n w h ic h B l a c k s t u d e n t s a r e to b e e n r o l l e d in f u r t h e r a n c e of s t u d e n t b o d y
d e s e g r e g a t i o n . H o w e v e r , t h e r e a r e n o B l a c k t e a c h e r s p r e s e n t l y e m p l o y e d
in t h a t s y s t e m a n d no p l a n s to e m p l o y t h e m in th e i m m e d i a t e f u t u r e .
H a l l C o u n ty m u s t b e th e o n ly c o u n ty in t h e S t a t e w i th s i x h u n d r e d B l a c k
s t u d e n t s a n d no B la c k f a c u l t y a t a l l .
(Vi
N o t o n ly do t a € f a c t s s h i f t t h e b u r d e n to th e d e f e n d a n t s to sh o w
t h a t p l a i n t i f f s a r e n o t b e in g r e h i r e d on th e b a s i s o f t h e a p p l i c a t i o n of
d e f i n i t e o b j e c t iv e s t a n d a r d s , b u t femsy go m u c h f u r t h e r to e s t a b l i s h c o n -
c i i s i v e ly t h a t p l a i n t i f f s h a v e b e e n a n d a r e th e v i c t i m s o f r a c i a l d i s c r i m
in a t i o n . T h e d e c i s i o n of t h e S u p r e m e C o u r t in B r o w n v. B o a r d of
E d u c a t i o n , 347 U. S. 493 (1945) , f o r b i d s th e c o n s i d e r a t i o n o f th e r a c e
in f a c u l t y s e l e c t i o n . R e d u c t i o n in th e n u m b e r of B la c k s t u d e n t s i s no
j u s t i f i c a t i o n w h a t e v e r f o r t h e r e d u c t i o n i n th e n u m b e r o f B l a c k t e a c h e r s .
T h e e v id e n c e i s c o n c lu s iv e t h a t th e r e d u c t i o n in t h e n u m b e r o f B la c k
t e a c h e r s i s a t t r i b u t a b l e to th e r e d u c t i o n in th e n u m b e r of B l a c k s t u d e n t s .
T h e r e f o r e , p l a i n t i f f s m u s t p r e v a i l . A s w a s s a i d in C h a n b e r s v .
H e n d e r s o n v i l l e C i ty ' B o a r d of E d u c a t i o n , 364 F . 2d 189, at. 192 (4 th C i r .
1966), . . . " t h e r e d u c t i o n in th e n u m b e r of N e g r o p u p i l s d id n o t j u s t i f y a
c o r r e s p o n d i n g n u m b e r o f N e g r o t e a c h e r s " . S e e a l s o , F r a n k l i n v .
C o u n ty S c h o o l B o a r d of G i l e s C o u n ty , 360 F . 2d 325 (4 th C i r . 1966).
D. P L A I N T I F F S W E R E S U B J E C T E D T O R A C IA L D IS C R IM IN A T IO N
IN P U B L I C E M P L O Y M E N T .______________________ ____________________
A s p u b l i c e m p l o y e e s , p l a i n t i f f s c a n n o t b e d i s c r i m i n a t e d a g a i n s t
b e c a u s e of t h e i r r a c e w i th r e s p e c t to t h e i r r e t e n t i o n a s t e a c h e r s .
J o h n s o n v . B r a n c h , 364 F . 2d 177 (4 th C i r . 1966). R a c e w a s a f a c t o r
in t h e s e l e c t i o n o f th e t e a c h e r s w h o w o u ld n o t b e r e h i r e d . T h e S u p e r
i n t e n d e n t ' s d e c i s i o n n o t to r e - h i r e M i s s H e a d i s a n o b v io u s c h o ic e b a s e d
- 1 5 -
u p o n r a c e . M i s s H e a d w a s b e t t e r e d u c a t e d a n d m o r e e x p e r i e n c e d th a n
M r s . P r e s n e l l . T h e S u p e r i n t e n d e n t i n d e p e n d e n t l y e v a l u a t e d t h e s u i t a
b i l i t y o f M i s s H e a d a n d M r s , C a r t e r f o r c o n t i n u e d e m p l o y m e n t . I f th e
S u p e r i n t e n d e n t d id in f a c t i n d e p e n d e n t l y r e e v a l u a t e t h e tw o w h i te c o m
m e r c i a l e d u c a t i o n t e a c h e r s , h e d id n o t do so in w r i t i n g . T h e S u p e r i n
t e n d e n t t r e a t e d th e w h i te t e a c h e r s a s th e s t a n d a r d o f e x c e l l e n c e a g a i n s t
w h ic h h e m e a s u r e d t h e s u i t a b i l i t y o f th e B l a c k c o m m e r c i a l t e a c h e r s . T h e
o b j e c t i v e e v i d e n c e d o e s n o t s u p p o r t h i s a p p r o a c h to th e m a t t e r , f T h e
e v i d e n c e s h o w s w i th o u t d o u b t t h a t M r s . C a r t e r w a s s u p e r i o r to th e
w h i te t e a c h e r s . ' Y e t , t h e S u p e r i n t e n d e n t fo u n d h e r o n ly to b e " g o o d ,
c o m p a r e f a v o r a b l y w i th a n y c o m m e r c i a l t e a c h e r in th e s y s t e m " , m e a n i n g
th e w h i te t e a c h e r s (E x h . 7). T h i s a p p r o a c h r e s u l t e d in d i s c r i m i n a t i o n
a g a i n s t M i s s H e a d , s i n c e t h e r e i s n o th in g to sh o w t h a t th e S u p e r i n t e n d e n t
o b j e c t i v e l y c o m p a r e d th e a v e r a g e r a t i n g s of t h e w h i t e c o m m e r c i a l
t e a c h e r s to t h o s e of th e B l a c k . ,
In th e c o n te x t p r e s e n t e d h e r e t h i s w a s r a c i a l d i s c r i m i n a t i o n
s i m p l i c t e r . T h e e f f e c t o f a p p ly in g o b j e c t i v e s t a n d a r d s to b o th th e w h i te
c o m m e r c i a l t e a c h e r s a n d th e B la c k o n e s w o u ld h a v e l e a d to f u r t h e r
f a c u l t y d e s e g r e g a t i o n . T h e S u p e r i n t e n d e n t w o u ld h a v e h a d to a s s i g n M i s s
H e a d to th e w h i te h ig h s c h o o l to t e a c h w h i te c h i l d r e n . A m o s t u n a c c e p t
a b l e c h o ic e f o r a S u p e r i n t e n d e n t a n d a s c h o o l B o a r d w ho to o k no s t e p s
to d e s e g r e g a t e t h e i r s y s t e m u n t i l t h r e e y e a r s ag o a n d o n e w h ic h no l e s s
t h a n tw o m o n t h s a g o w a s fo u n d n o t to b e in c o m p l i a n c e . M o r e o v e r , th e
S u p e r i n t e n d e n t a c c e p t e d th e r e c o m m e n d a t i o n of th e w h i te p r i n c i p a l , b u t
c o n d u c te d a c l o s e r e v a l u a t i o n of th e B l a c k t e a c h e r s , th o u g h t h e y w e r e
r e c o m m e n d e d b y t h e i r p r i n c i p a l s .
T h e d e c i s i o n n o t to r e h i r e M i s s M c C r a r y i s b a s e d e n t i r e l y u p o n
th e o p in io n s o f th e w h i te s t a f f p e r s o n n e l w ho h a d i n f r e q u e n t c o n t a c t s w i th
.................— .......... ..................................
-16-
r* 4 e n
h e r a n d w h o s e o r d i n a r y f u n c t io n i s n o t t h e e v a l u a t i o n o f t e a c h e r e f f e c t
i v e n e s s , b u t s p e c i a l i z e d i n s t r u c t i o n . T h e S u p e r i n t e n d e n t ' s w i l l i n g n e s s to
a c c e p t t h e a d h o c j u d g m e n t s of w h i te s t a f f m e m b e r s o v e r t h a t of th e
B l a c k p r i n c i p a l a s to M i s s M c C r a r y ' s e f f e c t i v e n e s s i s d i s c r i m i n a t i o n on
th e b a s i s of r a c e .
T h e o p in io n of th e w h i te s t a f f i s w h o l ly b a s e d u p o n s u b j e c t i v e
f a c t o r s , r e p r e s e n t i n g s u s p i c i o n s a n d d i f f e r e n c e s o f o p in io n a s to th e
m o s t e f f e c t i v e t e a c h i n g m e t h o d s .
M r . M a s s e y ' s e x p r e s s i o n of o p in io n t h a t M i s s M c C r a r y w a s a
w e a k t e a c h e r of r e a d i n g i s m o s t a r b i t r a r y . H i s o p in io n i s m o s t l y b a s e d
u p o n M i s s M c C r a r y n o t u s i n g m a t e r i a l s , s u c h a s SR A K i t a n d A l ly n a n d
B a c o n B a s a l S e r i e s , w h ic h w e r e n o t r e a d i l y a v a i l a b l e f o r h e r u s e , i f a t
a l l . ( T r . 2 1 8 -2 2 7 ) . H is t e s t i m o n y in a i d o f th e d e f e n d a n t s b e l a t e d c o n
t e n t i o n t h a t M i s s M c C r a r y w a s n o t a n e f f e c t i v e t e a c h e r , a f t e r t w e n t y - o n e
y e a r s o f d e v o te d s e r v i c e a s a t e a c h e r a n d l i b r a r i a n , s t a n d s in s t a r k
c o n t r a s t to h i s c o u r s e o f c o n d u c t o v e r th e p a s t tw o s c h o o l y e a r s . M a s s e )
a s s e r t e d t h a t M i s s M c C r a r y d id n o t o r g a n i z e h e r c l a s s in th e m o s t
e f f e c t i v e m a n n e r to m a x i m i z e l e a r n i n g o p p o r t u n i t i e s d u r i n g th e r e a d i n g
p e r i o d . Y e t , h e a p p r o v e d a l l o f h e r r a t h e r d e t a i l e d a n d c o m p r e h e n s i v e
l e s s o n p l a n s (E x h . 15). M a s s e y a c k n o w l e d g e s t h a t t h e m a i n r e c o m m e n d a
t i o n s h e h a s m a d e to M i s s M c C r a r y " h a v e b e e n w r i t t e n on th e l e s s o n
p l a n s " ( T r . 2 05) . N o c r i t i c i s m i s n o t e d on t h o s e p l a n s p e r t a i n i n g to th e
o r g a n i z a t i o n o f M i s s M c C r a r y ' s c l a s s o r h e r w e a k n e s s a s a r e a d i n g
t e a c h e r . S u r e l y , i f M i s s M c C r a r y w a s so w e a k a s a r e a d i n g t e a c h e r
t h a t s h e i s n o t t o b e r e - e m p l o y e d , ...i t w a s i n c u m b e n t u p o n M a s s e y o r
t h e S u p e r i n t e n d e n t to h a v e r a i s e d th e m a t t e r w i th h p r d u r i n g th e s c h o o l
y e a r .
I t i s a t o n c e o b v io u s t h a t t h e a r t c o o r d i n a t o r i s p iq u e d a t M i s s
M c C r a r y a n d t h a t h e r d i s a g r e e m e n t w i th h e r a b o u t a r t t e a c h i n g
- 1 7 -
........ U b
m e t h o d s i s w h o l ly s u b j e c t i v e , n o t b a s e d u p o n d e f i n i t e o b j e c t i v e s t a n d a r d s .
H o w e v e r , th e s i g n i f i c a n c e o f th e k in d o f a d v e r s e o p in i o n s e x p r e s s e d by
M a s s e y a n d th e a r t c o o r d i n a t o r i s t h a t t h e S u p e r i n t e n d e n t i s w i l l i n g to
a c t u p o n t h e m a n d i g n o r e t h e B l a c k p r i n c i p a l ' s r e c o m m e n d a t i o n s . I t i s
n o t j u s t a m a t t e r of c h o o s i n g o n e o v e r t h e o t h e r , b u t o f t h e r e a s o n a b l e
e x p e c t a t i o n t h a t m e n e n t r u s t e d w i th t h e a d m i n i s t r a t i o n o f a p u b l i c s c h o o l
s y s t e m w o u ld a c t u p o n th e a d v i c e o f t h o s e in a p o s i t i o n to b e s t k n o w th e
t r u e f a c t s . T h e B l a c k p r i n c i p a l w a s in a f a r b e t t e r p o s i t i o n to k n o w
M i s s M c C r a r y ' s t r u e s t r e n g t h s a n d w e a k n e s s e s a s a t e a c h e r . I t i s
s h e w h o h a d d a i l y c o n t a c t w i th b o th M i s s M c C r a r y a n d h e r s t u d e n t s . It
i s s h e w ho h a d th e i m m e d i a t e s u p e r v i s i o n o f M i s s M c C r a r y . M o r e o v e r ,
M r s , T r a w i c k h a s h a d " s o m e t h i r t y - t w o " y e a r s e x p e r i e n c e a s a p r i n c i p a l
o r c u r r i c u l u m d i r e c t o r , t w ic e th e c o m b i n e d e x p e r i e n c e of M a s s e y a n d
M r s . D e L a P e r r i e r e ( T r . 165, 201, 4 5 4 ) . B u t , M r s . T r a w i c k i s B la c k ,
a n d th e S u p e r i n t e n d e n t i s n o t p e r s u a d e d b y B l a c k o p in io n , e d u c a t io n ,
e x p e r i e n c e , a n d p e r s o n a l k n o w le d g e a b o u t t h e f a c t s n o tw i t h s t a n d i n g .
M i s s M c C r a r y , l i k e M i s s H e a d , w a s n o t r e h i r e d b e c a u s e of e x
p e c t e d r e d u c t i o n in B la c k e n r o l l m e n t . T h e S u p e r i n t e n d e n t w r o t e M i s s
M c C r a r y t h a t h e r c o n t r a c t w a s b e in g w i t h h e l d b e c a u s e o f a n e x p e c t e d
r e d u c t i o n in e n r o l l m e n t a t th e F a i r S t r e e t S c h o o l (E x h . 11). H e l a t e r
a m e n d e d t h i s i l l e g a l r e a s o n to i n c l u d e o n e t h a t h e th o u g h t c o u ld w i t h
s t a n d j u d i c i a l s c r u n i t y . Y e t , h e n o w c l a i m s in a v e r y b r o a d a n d m o s t
e l u s i v e w a y t h a t M i s s M c C r a r y i s n o t a n e f f e c t i v e t e a c h e r . H o w e v e r ,
w h e n h e i s p r e s s e d to d e f in e w h a t h e m e a n s b y a n e f f e c t i v e t e a c h e r ,
M i s s M c C r a r y s a t i s f i e s e v e r y e l e m e n t o f t h a t d e f i n i t i o n . H o w e v e r , to
ju d g e M i s s M c C r a r y to b e i n e f f e c t i v e w h e n s h e m e e t s th e s t a n d a r d s
i d e n t i f i e d b y th e S u p e r i n t e n d e n t i s n o t o n ly to a c t in a r a c i a l l y s u s p e c t
m a n n e r , b u t i s a l s o to a c t in a c l e a r l y a r b i t r a r y m a n n e r .
E . R A C IA L D IS C R IM IN A T IO N C H A R A C T E R I Z E S E M P L O Y M E N T
P R A C T I C E S IN T H E C IT Y D IS T R I C T S Y S T E M ._______________
R a c e i n f e c t e d e v e r y a s p e c t o f th e e m p l o y m e n t p r o c e s s . D e f e n d a n t s
h a v e h i r e d m o r e t h a n f i f ty t e a c h e r s in t h e p a s t tw o y e a r s . O n ly tw o of
t h e m , o n e e a c h y e a r , h a v e b e e n B l a c k . D e f e n d a n t s h a d no t r o u b l e h i r i n g
B l a c k t e a c h e r s w h e n t h e y o p e r a t e d a t o t a l l y s e g r e g a t e d s c h o o l s y s t e m .
N ow , t h a t t h e y h a v e b e g u n th e p r o c e s s o f d e s e g r e g a t i n g t h e i r s y s t e m ,
t h e y c l a i m t h a t B l a c k t e a c h e r s a r e u n a v a i l a b l e . In th e f a c e of th e w i d e
s p r e a d d i s c r i m i n a t i o n a g a i n s t B l a c k s in e m p l o y m e n t a n d th e a b u n d a n t
o p p o r t u n i t i e s f o r B l a c k s to a c q u i r e a c o l l e g e e d u c a t i o n a t o n e of t h e e ig h t
p r e d o m i n a t e l y B l a c k c o l l e g e s a n d u n i v e r s i t i e s in G e o r g i a , t h i s i s n o t a
c r e d i b l e a s s e r t i o n . E s p e c i a l l y i s t h i s s o i n l i g h t of d e f e n d a n t ' s r e c r u i t
in g p o l i c i e s w h ic h f a v o r g r a d u a t e s of p r e d o m i n a t e l y w h i te c o l l e g e s a n d
u n i v e r s i t i e s .
R a c i a l d i s c r i m i n a t i o n e x t s t s w i th r e s p e c t to t e a c h e r a s s i g n m e n t ,
a n d u n l e s s c h e c k e d w i l l l e a d to th e t o t a l e l i m i n a t i o n of B l a c k t e a c h e r s
w i th i n a v e r y s h o r t s p a n of t i m e . F o u r w h i te t e a c h e r s a r e a s s i g n e d to
F a i r S t r e e t . Y e t , o n ly o ne B l a c k t e a c h e r w a s a s s i g n e d to a w h i te e l e m
e n t a r y s c h o o l l a s t y e a r . F i v e w h i t e s a r e a s s i g n e d to th e a l l B la c k h ig h
s c h o o l , b u t o n ly o ne B la c k w a s e m p l o y e d a t th e G a i n e s v i l l e H ig h S c h o o l
a n d o n e a t t h e j u n i o r h ig h s c h o o l . T h i s e m p l o y m e n t p a t t e r n i s o n e w h ic h
r e d u c e s t e a c h i n g o p p o r t u n i t i e s f o r B l a c k t e a c h e r s a n d d i s c r i m i n a t e s
a g a i n s t t h e m .
B l a c k t e a c h e r s a r e b e in g s y s t e m a t i c a l l y e l i m i n a t e d f r o m th e
s y s t e m . W ith in t h r e e y e a r s o f t h e f i r s t s t a r t s in s c h o o l d e s e g r e g a t i o n ,
t h e r e h a s b e e n a tw e lv e p e r c e n t r e d u c t i o n in t h e n u m b e r of B l a c k t e a c h e r s .
N o w h i te t e a c h e r h a s b e e n r e f u s e d r e - e m p l o y m e n t in C i ty S y s t e m b e c a u s e
o f th e r e d u c t i o n in B la c k e n r o l l m e n t . E a c h of th e f iv e w h i t e s w ho w e r e
-19-
n o t r e - h i r e d w e r e d i s m i s s e d f o r r e a s o n s e n t i r e l y i n d e p e n d e n t o f th e
r e d u c t i o n in e n r o l l m e n t .
F . P L A I N T I F F S A R E E N T I T L E D T O R E L I E F .
P l a i n t i f f s a r e a t t h i s s t a g e of th e p r o c e e d i n g s e n t i t l e d to a n a w a r d
o f a n a t t o r n e y s f e e s . T h e y h a v e n o t y e t s u s t a i n e d a n y o u t o f p o c k e t
l o s s e s . P l a i n t i f f s m a y b e m a d e w h o le b y th e i s s u a n c e o f a m a n d a t o r y
in j u n c t i o n , d i r e c t i n g th e d e f e n d a n t s to r e i n s t a t e t h e m . A l th o u g h i t i s
n o t e x a c t l y e q u i t a b l e , th e d e f e n d a n t s c o u ld a l s o b e d i r e c t e d to n e g o t i a t e
w i th th e C o u n ty B o a r d f o r e m p l o y m e n t f o r b o th p l a i n t i f f s .
D a te d : A u g u s t 12, 1969.
R e s p e c t f u l l y s u b m i t t e d ,
H O W A RD M O O R E , J R .
P E T E R E . R IN D S K O P F
859 1 /2 H u n t e r S t r e e t , N . W.
A t l a n t a , G e o r g i a 30314
A T T O R N E Y S F O R P L A I N T I F F S
-■tv .rtf' C;L
i j J J . ■ ' '"I
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F O R T H E N O R T H E R N D IS T R I C T O F G E O R G IA
G A IN E S V IL L E D IVISION
R O S A A . H E A D a n d C L A R A B E L L E
M c C R A R Y , I n d i v i s u a l l y a n d on b e h a l f
o f a l l o t h e r s s i m i l a r l y s i t u a t e d ,
P l a i n t i f f s ,
v s .
R . D . B L A K E N E Y , I n d i v id u a l ly a n d
a s S u p e r i n t e n d e n t of S c h o o ls o f th e
G a i n e s v i l l e , G e o r g i a C i ty S c h o o l
D i s t r i c t ; G A IN E S V IL L E C IT Y B O A R D ;
J A C K P . NIX, In d i v id u a l ly an d a s j
G e o r g i a S t a t e S u p e r i n t e n d e n t of S c h o o ls ;
a n d G E O R G IA S T A T E B O A R D O F E D U C A
T IO N , j
D e f e n d a n t s .
-------------- -------------------- 4
P L A I N T I F F S ' R E S P O N S E T O
D E F E N D A N T S F IN D IN G S O F
F A C T A ND C O N C L U S IO N S O F
L A W I. II. III.
I . P l a i n t i f f s d o n o t o b j e c t to p r o p o s e d f in d in g s o f f a c t s 1, 2, 3, 4, a n d c.
II . P r o p o s e d f in d in g n u m b e r 5 i s n o t s u b s t a n t i a t e d by th e e v i d e n c e . T w o
b o a r d m e m b e r s t e s t i f i e d t h a t t h e q u e s t i o n of u p g r a d i n g t e a c h e r s w a s a
c o n c e r n o f th e B o a r d , b u t th e y g a v e n o t e s t i m o n y to p r o v e th e e x i s t e n c e
o f a n y p r a c t i c e s o r p o l i c i e s d e s i g n e d to l e a d to th e u p g r a d i n g of t e a c h e r s .
( T r . 447 , 4 5 0 -5 1 ) .
I I I . P r o p o s e d f in d in g n u m b e r 7 i s m i s l e a d i n g . It s h o u ld b e a m e n d e d to
r e f l e c t t h a t n e i t h e r of th e tw o B l a c k b o a r d m e m b e r s v o t e d n o t to r e h i r e
th e p l a i n t i f f s . O ne of t h e m , M r . M o r e l a n d , w a s a b s e n t , a n d th e o t h e r
o n e , M r . A u s t i n B ro w n , v o t e d to g iv e c o n t r a c t s to t h e p l a i n t i f f s ( T r . 530)
C IV IL A C T IO N
N O . 1 2 7 7
n Q O A%y.
As a m e n d e d , p l a i n t i f f s h a v e no o b j e c t i o n to f in d in g n u m b e r 7.
IY . P r o p o s e d f in d in g n u m b e r 8 i s n o t f a i r l y s u p p o r t e d by th e e v i d e n c e .
T h e r e i s no e v i d e n c e t h a t a n y t e a c h e r s o t h e r t h a n th e n a m e d p l a i n t i f f s
w e r e e v a l u a t e d b y th e a d m i n i s t r a t i v e s t a f f . T h e m i n u t e s f o r M a y 5, 1969
s h o w t h a t
" t e a c h e r s w e r e e v a l u a t e d b y th e B o a r d , t h e i r
p r i n c i p a l s , th e A s s i s t a n t S u p e r i n t e n d e n t , a n d
b y [ th e S u p e r i n t e n d e n t ] " ( T r . 5 42) .
V . P r o p o s e d f in d in g n u m b e r 9, w h i le n o t t o t a l l y o b j e c t i o n a b l e , i s i n
c o m p l e t e . I t d o e s n o t sh o w t h a t th e w h i te t e a c h e r s w e r e r e l e a s e d fo r
r e a s o n s i n d e p e n d e n t of th e r e d u c t i o n i n s t u d e n t b o d y a n d t h a t th e o t h e r
B l a c k t e a c h e r ' s j o b s w e r e a b o l i s h e d .
VI. P r o p o s e d f in d in g n u m b e r 10 i s o b j e c t i o n a b l e , b e c a u s e i t d o e s n o t
r e f l e c t t h e e v id e n c e w h ic h s h o w s t h a t t h e d e t e r m i n a t i o n t h a t e i t h e r o f
th e p l a i n t i f f s i s i n e f f e c t i v e w a s a r b i t r a r i l y m a d e . T h e e v i d e n c e i s u n c o n
t r a d i c t e d t h a t b o th of th e p l a i n t i f f s s a t i s f i e d d e f e n d a n t ' s d e f i n i t i o n of an
e f f e c t i v e t e a c h e r . M o r e o v e r , i t i s n o t s u p p o r t e d by th e u n c o n t r a d i c . t e d
e iv d e n c e of p l a i n t i f f ' s e x p e r t w i t n e s s t h a t p l a i n t i f f s w e r e e f f e c t i v e
t e a c h e r s by o b je c t i v e s t a n d a r d s ( T r . 3 7 5 -3 8 6 ) .
V II. P r o p o s e d f in d in g n u m b e r s 11 a n d 12 a r e o b j e c t i o n a b l e , b e c a u s e
th e e v id e n c e i s u n c o n t r a d i c t e d t h a t M i s s H e a d h a d m o r e e x p e r i e n c e an d
e d u c a t io n th a n o ne of t h e w h i te t e a c h e r s . N o e v i d e n c e a t a l l w a s a d
d u c e d a s to M i s s H e a d ' s e f f e c t i v e n e s s . T h e e v i d e n c e a c t u a l l y o f f e r e d
p e r t a i n e d to t h e i s s u e of h o w s h e c o u ld b e r a t e d a s o n ly a v e r a g e in th e
f a c e of h e r p r i n c i p a l ' s w r i t t e n e v a l u a t i o n ( T r . 95, 96 ) . T h e r e w a s
o t h e r u n d i s p u t e d e v id e n c e t h a t s h e s a t i s f i e d t h e S u p e r i n t e n d e n t ' s o b j e c t i v e
s t a n d a r d s ( T r . 107). T h e r e i s a p o s i t i o n a v a i l a b l e . C o m m e r c i a l e d u
c a t i o n h a s n o t b e e n d i s c o n t i n u e d in th e s y s t e m . O n ly o ne of f o u r c l a s s
e s h a s b e e n e l i m i n a t e d .
-2-
V III . P l a i n t i f f s o b j e c t to p r o p o s e d f in d in g n u m b e r 1 3 . T h e r e i s no
e v i d e n c e t h a t M i s s M c C r a r y i s a n in e f f e c t i v e t e a c h e r . S he s a t i s f i e d
th e d e f e n d a n t s ' ow n d e f i n i t i o n of a n e f f e c t i v e t e a c h e r ( T r . 1 3 2 -3 6 , 145;
E x h . 13). M o r e o v e r , th e p r o p o s e d f in d in g i s n o t s u p p o r t e d b y th e
e v i d e n c e . T h e e v id e n c e s h o w s t h a t th e S u p e r i n t e n d e n t i g n o r e d b o th th e
o b j e c t i v e a s w e l l a s th e s u b j e c t i v e e v id e n c e s u p p o r t i n g r e t e n t i o n of
M i s s M c C r a r y o v e r o t h e r t e a c h e r s in th e s y s t e m .
IX. P l a i n t i f f s o b j e c t to p r o p o s e d f in d in g n u m b e r 14, T h e e v id e n c e
r e l i e d u p o n to s u p p o r t t h i s f in d in g m e r e l y s h o w s t h a t d e f e n d a n t s d i s
c r i m i n a t e d f u r t h e r by o n ly a s s i g n i n g B l a c k t e a c h e r s t h e y c o n s i d e r e d
e f f e c t i v e to th e w h i te s c h o o l s ( T r , 4 1 1 - 1 2 ) . T h e r e i s no e v i d e n c e t h a t
w h i t e s h a d to p a s s a n e f f e c t i v e n e s s j t o b e a s s i g n e d in th e B l a c k s c h o o l s .
P l a i n t i f f s do n o t o b j e c t to p o r t i o n of n u m b e r 12 p e r t a i n i n g to th e e m
p l o y m e n t of o ne n e w B la c k t e a c h e r .
X. P l a i n t i f f s o b j e c t to d e f e n d a n t s ' p r o p o s e d c o n c l u s i o n s o f la w .
T h e y a r e a g a i n s t d e c i s i o n s of th e F i f t h C i r c u i t a n d of t h i s C o u r t .
D e f e n d a n t s a r g u e t h a t p l a i n t i f f s c a n h a v e n o r e l i e f a g a i n s t
B l a c k e n e y b e c a u s e h e i s n o t t h e i r e m p l o y e r a n d n o n e a g a i n s t th e G a i n e s
v i l l e C i ty B o a r d of E d u c a t i o n b e c a u s e i t w a s n o t a p e r s o n w i th in th e
m e a n i n g of S e c t i o n 1983, 42 U n i te d S t a t e s C o d e . T h e d e c i s i o n of J u d g e
N o e l , S o u t h e r n D i s t r i c t o f T e x a s , in H a r k t e s s , e t a l . v . S w e e n e y
I n d e p e n d e n t S c h o o l D i s t r i c t , 38 U . S . L A W W E E K 200 8 (1969) i s c i t e d
a s th e p r i m a r y a u t h o r i t y f o r d e f e n d a n t s ' p o s i t i o n . H a r k l e s s i s p r e s e n t l y
on a p p e a l to th e F i f t h C i r c u i t , w h e r e i t i s p e n d in g on p l a i n t i f f s ' m o t i o n
f o r s u m m a r y r e v e r s a l . (No. 28, 188, F i f t h C i r c u i t ) .
T h e F i f t h C i r c u i t h a s a l r e a d y h e l d t h a t th e w o r d " p e r s o n "
in c l u d e s a c o u n ty u n d e r S e c t i o n 1983, 42 U n i te d S t a t e s C o d e , and ,
t h e r e f o r e , i n c l u d e s a c o u n ty u n d e r S e c t i o n 1971 (b), 42 U n i te d S t a t e s
-3-
C o d e , U n i t e d S t a t e s v . H o l m e s C o u n ty , M i s s i s s i p p i , 385 F . 2d, 145, a t
148 (1967) .
T h i s C o u r t in H a r r i s , e t a l v . F o s t e r , e t a l , C / A N o . 881 ,
N e w n a n D iv i s io n , J u n e 20, 1969 , h e l d t h a t a p u b l i c a u t h o r i t y , o p e r a t i n g
a p u b l i c h o s p i t a l , m a y b e s u e d u n d e r S e c t i o n 1983, a n d c i t e d s e v e r a l
a u t h o r i t i e s to s u p p o r t i t s h o ld in g .
to a m e n d s h o u ld b e a l l o w e d to a d d th e i n d i v id u a l b o a r d m e m b e r s a s
p a r t i e s - d e f e n d a n t s . T h e y w e r e n o t n a m e d a t th e o u t s e t to s a v e c o s t s
a n d to a v o id in c o n v e n i e n c e to e a c h in d i v id u a l m e m b e r h a v in g to a n s w e r
th e c o m p l a i n t . P l a i n t i f f s d id n o t a d d t h e m s u b s e q u e n t l y , b e c a u s e in a n
off th e r e c o r d d i s c u s s i o n b e t w e e n c o u n s e l f o r th e r e s p e c t i v e p a r t i e s
d u r i n g th e t a k in g of th e d e p o s i t i o n o f T . M a r t i n E l l a r d , f o r m e r B o a r d
c h a i r m a n , p l a i n t i f f s ' c o u n s e l w a s l e d to b e l i e v e t h a t t h e d e f e n d a n t s
w o u ld n o t m a k e a n i s s u e a b o u t th e c a s e o n ly p r o c e e d i n g a g a i n s t th e
B o a r d ( E l l a r d D e p o s i t i o n a t 5). N e i t h e r i n j u r y n o r d e l a y w o u ld b e
o c c a s i o n e d b y a d d in g th e i n d i v id u a l m e m b e r s . S o m e of t h e m h a v e a p
p e a r e d a n d g iv e n t e s t i m o n y in th e c a s e , a n d t h e y h a d n o t i c e of th e
a c t i o n a n d o f t h e h e a r i n g . I t i s , h o w e v e r , p l a i n t i f f s p o s i t i o n t h a t th e
g e s t u r e of a n a m e n d m e n t i s u n n e c e s s a r y a n d t h a t th e C o u r t h a s j u r i s
d i c t i o n o v e r t h e s u b j e c t m a t t e r of th e l a w s u i t a n d o v e r th e p a r t i e s in
th e c o m p l a i n t .
D a te d : A u g u s t 14, 1969-
S h o u ld t h e r e b e a n y d o u b t a b o u t t h e C o u r t ' s j u r i s d i c t i o n , l e a v e
H O W A R D M O O R E , J R .
P E T E R E . R IN D S K O P F
859 1 /2 H u n t e r S t r e t , N. W.
A t l a n t a , G e o r g i a 30314
A T T O R N E Y S F O R P L A I N T I F F S
-4
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORt^A
____ GAINESVILLE DIVISION
IOC
■ kvu*. CUrtK.
ROSA A. HEAD and CLARA BELLE
§
McCRARY, Individually and on
behalf of all others similarly §
situated, §
Plaintiffs, §
Vs . § CIVIL ACTION
R. D. BLAKENEY, Individually
and as Superintendent of Schools
§ NO. 1 2 7 7
of the Gainesville, Georgia City
School District; GAINESVILLE CITY
BOARD OF EDUCATION; JACK P. NIX,
§
§
Individually and as Georgia State
Superintendent of Schools; and §
GEORGIA STATE BOARD OF EDUCATION,
§
•§
Defendan ts.
MEMORANDUM SUBMITTED TO THE TRIAL JUDGE
ON BEHALF OF THE DEFENDANTS BLAKENEY AND
THE GAINESVILLE CITY BOARD OF EDUCATION
Due to the fact that the hearing before the Court
scheduled for September 2, 1969, was postponed by the Court at
the request of counsel for the plaintiffs, counsel for the
defendants Blakeney and Gainesville City Board of Education
deem it appropriate to submit this additional memorandum which
argues that the plaintiffs have failed to establish a claim
against any of the defendants in this case.
The claim of the plaintiffs, succinctly stated, is
that they have not been re-employed by their employer because
they are black.
CSGA
The question to be answered is this: How does this
claim, asserted by the plaintiffs, give rise to a cause of
action?
The plaintiffs invoke jurisdiction of this Court pur
suant to 28 U. S. C. A. §1343(3) and then allege that this is
"a suit in equity authorized by law under 42 U.S.C. §1983”. It
is rather plain that §1343 in and. of itself does not give
jurisdiction unless there is another statute authorizing a civil
action to be commenced. The plaintiffs contend that §1983
authorizes this civil action to be commenced. We argue that
§1983 does not authorize a civil action against a state or a
have not either alleged or established a cause, of action in this
case against the State Board of Education or the Gainesville
City Board of Education.
Section 1983 was enacted by the Congress on April 20,
1871, and it established a cause of action only against individ
ual persons acting under color of a state statute or a state
custom, and it did not establish a cause of action against a
state or a political subdivision of a state.
In view of the fact that the Fourth Circuit has decided
numerous teacher non-rehiring cases in which this question has
never been raised so far as we have been able to determine, we
deem it necessary to treat the issue in as thorough a manner as
possible for the benefit of the Court.
Our research fails to reveal a single employment dis
crimination case which is not based on a statute specifically
enacted to prevent such employment discrimination. A Fourteenth
2 .
P37A
Amendment violation in and of itself does not give rise to a
cause of action in a federal district court unless there is a
federal statute authorizing such cause of action. The view that
statutory authority is a prerequisite for a federal cause of
action, even though the wrong complained of is the violation of
a constitutional right, has been adopted by all of the courts
which have examined this question recently.
That part of the Civil Rights Act of 1969 having
reference to equal employment opportunities is expressly not
applicable to a state or a political subdivision thereof. See
92 U.S.C.A. §2000(e).
There is no diversity in this case, and there is no
claim in this case in excess of the jurisdictional amount of
$10 , 000 . 00 .
Therefore, only 28 U.S.C.A. §1393(3) will give a
federal district court jurisdiction provided 92 U.S.C.A. §1983
authorizes the action.
In the case of Tyler vs. Russell, 910 F.2d. 990, the
Tenth Circuit holds: "Federal jurisdiction is invoked under
28 U.S.C. §1393 (3) and 92 U.S.C. §1983. The latter is not a
jurisdictional statute and is significant only to the extent
that it creates a cause of action."
Section 1983 does not create a cause of action against
a state or a political subdivision.' In the case of Harvey vs.
Saddler, 331 F.2d. 387 (1969), the Ninth Circuit says: "The
complaint fails to state a claim against the school district
under the Civil Rights Act because Congress did not intend that
municipal corporations be liable for damages thereunder."
3.
f ? 9 S A
In the case of Sires vs. Cole, 320 F. 2d. 877 (1963)
the Ninth Circuit again said: "Congress did not undertake to
bring municipal corporations within the ambit of 42 U.S.C.
§1983. Monroe vs. Pape, 365 U.S. 167, 187, 81 S.Ct. 473- The
considerations which have led to this conclusion, based largely
upon an examination of the legislative history, indicate that
this is likewise true of a state or county. See the legislative
history reviewed in Monroe vs■ Pape, pp. 188-199 of 365 U.S. pp.
484-486 of 81 S. Ct. It follows that the action was properly
dismissed as to defendant Kittitas County."
In the case of Whitner vs. Davis, 410 F.2d. 24 (1969)
the plaintiff, a school teacher, brought an action because of
her dismissal from the college faculty. The State of Washington
and Central Washington State College were among the defendants.
The action was brought under 42 U.S.C. §1983, and the Ninth
Circuit held that a state is not a "person" within the meaning
of this statute and: "The action was therefore correctly dis
missed insofar as defendant State of Washington is concerned".
The decision also held that the college "as a state agency, is
not subject to liability under the Civil Rights Act because it
is not a 'person' within the meaning of 42 U.S.C. §1983. The
action was therefore properly dismissed insofar as defendant
college is concerned."
The case of Board of Trustees of Arkansas A & M
College vs. Davis, 396 F.2d. 730, (1968) was a case in which
a dismissed faculty member brought an action against the Board
of Trustees of the college and the President of the college.
In analyzing the sufficiency of the complaint under §1983 the
Eighth Circuit held that it did state a claim for relief under
§1983 "Against the individual members of the Board and Dr. Babin.
4.
* *
f*QQ 4
* our holding; is not to be interpreted to mean that the
complaint states a claim for relief against the college or the
State of Arkansas."
The following are quotes from the case of Harkless vs.
The Sweeny Independent School District, Civil Action No. 66-G-39
in the United States District Court for the Southern District
of Texas, Galveston Division entered June 6, 1969:
"The issue before this court, therefore, is
whether 1983 imposes liability on the school
district and the individual defendants in
their official capacities. Stated differently,
it is whether these defendants are. 'persons'
within the meaning of that section."
"Extensive research, both by the parties and
by the court, has failed to uncover any re
ported case imposing civil liability under
92 U. S. C. §1983 on any governmental sub
division ."
"Accordingly, it is the opinion of this court
that the defendant district is not a 'person'
as that term is used in §1983, and that
plaintiffs are not entitled to and may not be
granted relief of any kind against the district
under the authority of §1983. Plaintiffs there
fore have failed to state a claim against the
district upon which relief can be granted."
"Plaintiffs also attempt to distinguish Monroe
on the ground that the individual defendants
in this case were dismissed only in their individ
ual capacities, with, the suit proceeding against
5 .
the individual defendants in their official
capacities, as well as against the district.
Courts that have had occasion to apply Monroe
in this situation uniformly held that suits
may be maintained only against the officials
individually, and that governmental boards
and governmental officials in their official
capacities are not persons within the meaning
of §1983. This is only reasonable."
"Plaintiffs thus have failed to state a claim
against the individual defendants in their
official capacities, as well as against the
district."
"As a final source for sustaining this court's
power to grant the relief they seek, plaintiffs
assert that because 'the complaint in paragraphs
1 and 10 expressly sought relief on the additional
grounds of the due process and equal protection
clauses of the Fourteenth Amendment,' these clauses
'coupled with foundation of jurisdiction under
28 U.S.C. §13h3 (3), give this court jurisdiction
to redress the wrongs to plaintiffs'. This
argument, too, is untenable. Section 1343 grants
to the district courts jurisdiction only over
civil actions 'authorized by law to be commenced
by any person'. It cannot be argued that the
Fourteenth Amendment itself authorizes the
commencement of civil actions. To so construe
it would be to ignore the expressed terms of
'OlA
the Amendment and render the enactment of
42 U.S.G. §1983 superfluous. It has been
held above that 42 U.S. C. §1983 does not
authorize the commencement of this suit
against these defendants. Moreover, plaintiffs
have failed to come forward with another
statute authorizing such commencement, and
this court is aware of no such statute. There
fore, as 28 U.S.C. §1343 (3) is not sufficient
in the absence of another statute to authorize
the prosecution of civil actions against persons
alleged to have violated another's consititutional
rights, the plaintiffs' claim must be dismissed."
As stated hereinbefore, we have read all of the reported
cases in the circuit courts involving the non-rehiring of teachers,
and in none of them do we find the question raised about the right
of a court to grant relief against a political subdivision under
§1983. In all of the reported cases which we have read where the
issue has been raised the courts have held that such relief can
not be granted under §1983 against a political subdivision.
We therefore think that it is plain in this case that
the court can not grant relief against the State Board of Education
or the Gainesville City Board of Education. The only individual
persons who are defendants in this case are R. D. Blakeney and
Jack P. Nix, and the evidence Is very plain that neither of them
was the employer of the plaintiffs in this case. The court can
not grant any relief in this case against these individuals be
cause there is no evidence in the record to support the granting
7.
of any such relief.
^/7«o t
It is respectfully submitted that the plaintiffs in
this case have failed to establish a claim for which relief can
be granted against any of the named defendants in the case.
The defendants Gainesville City Board of Education and
Blakeney urge that there is no good reason or necessity for
another hearing in this case since the hearing•scheduled for
September 2, 1969 was postponed by the court at the request of
counsel for the plaintiffs. A further hearing, irrespective of
what evidence may or may not be introduced, can not possibly
establish a claim against any of the defendants in this case.
Respectfully submitted,
KENYON, GUNTER, HULSEY & SIMS
fiy . - ■ _______
Win. B . G a n t r e r /
ATTORNEYS FOR &EFENDANTS BLAKENEY
AND GAINESVILLE CITY BOARD OF
EDUCATION.
Box 9-15
Gainesville, Georgia 30501
CERTIFICATE OF SERVICE
This will certify that a copy of the foregoing
Memorandum on behalf of R. D. Blakeney and the Gainesville
City Board of Education has been served by United States
Mail this date by depositing a copy of same properly addressed
with sufficient postage affixed thereon so as to reach them
in due course of mail upon the following:
Mr. Howard Moore, Jr.
Attorney at Law
859 1/2 Hunter Street, N.W.
Atlanta, Georgia 30314
Mr. Alfred L. Evans, Jr.
Assistant Attorney General
132 Judicial Building
9-0 Capitol Square
Atlanta, Georgia 3033k
This 5th day of September, 1969.
Wm. B. Gunter'
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
ROSA A. HEAD and CLARA BELLE
I McCRARY, Individually and on
j behalf of all others similarly
| situated,
ii
|| vs.
i|
| R. D. BLAKENEY, Individually
and as Superintendent of Schools
| of the Gainesville, Georgia, City
j School District; GAINESVILLE CITY
|! BOARD OF EDUCATION: JACK P. NIX,
| Individually and as Georgia State
: Superintendent of Schools; and
i j GEORGIA STATE BOARD OF EDUCATION
O R D E R
CIVIL ACTION
NO. 1277
;! The defendants, Blakeney and Gainsville City Board of
jj Education, now contend that the plaintiffs have failed to establish
;| a claim for which relief can be granted. They claim 42 U.S.C.
|j §1983 does not authorize the granting of any relief against a
j political subdivision. Monroe v. Rape. 365 U.S. 167, 81 S.Ct.
|j Z|'73’ 5 L.Ed 2d 492 (1961); and Harkless, et al v. Sweeney Inde-
j! pendent School District, Civil Action No. 66-G-34 (S.D. Tex.,
. filed June 6 > 1969). In view of the fundamental nature of this
j! allegation, plaintiffs' counsel is ordered to respond by brief
|| within fifteen (15) days.
So ordered this the 19th day of September, 1969.
FILED IH CLERK'S OFF!CL
^05 ifc i . iS. ; tC ° Q ' n Y
i^ U U tL ^ CLrj(ti
UNITED STATES DISTRICT C0i!rT ^ ^
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
ROSA A„ HEAD, et al
VERSUS
R„ D. BLAKENEY, et al
CIVIL ACTION NO. 1277
O R D E R
This is an action in which two black school teachers
allege they were not rehired by defendants solely because of their
race. Plaintiffs are suing for injunctive relief and for a
declaratory judgment under 28 U.S.C.A. §1343(3) and 42 U.S.C.A.
§1983.
A hearing was held on plaintiffs' motion for a prelim
inary injunction on June 23rd and 24th, 1969, Subsequent to that
hearing, defendants have urged that plaintiffs failed to state a
claim for which relief can be granted. Essentially, defendants
are contending that §1983 does not authorize the granting of
relief against a political subdivision, i„e., a Board of Educa
tion. In support of their position defendants cite Monroe v. Pape
365 U.S. 167, 81 S.Ct. 473 (1961), and Harkless v. The Sweeney
Independent School District, _____ F.Supp. _____ (S.D. Tex. 1969).
The Harkless case directly holds that a school district
is not a "person" within the meaning of §1983. This case has been
appealed to the Fifth Circuit, and is scheduled to be heard in a
matter of days. In view of the iminence of the Fifth Circuit's
ruling in Harkless and its obvious relevance to this case, this
court deems it best to delay a ruling pending the Fifth Circuit's
decision in Harkless.
v / (/
This is a civil action for a preliminary and permanent
injunction, authorized by 42 U.S.C. §1983. Jurisdiction is con
ferred by 28 U.S.C. §1343(3).
The plaintiffs are two black teachers, Clara Belle
McCrary and Rosa A. Head. The defendants are R. D. Blakeney,
Superintendent of the Schools of the Gainesville, Georgia, City
School District, and the Gainesville City Board of Education.
The plaintiffs claim that their teaching contracts were not re
newed for the 1969-70 school year solely because of their race
or color, in violation of the Constitution and laws of the United
States. The defendants claim that plaintiffs were not rehired
because of ineffectiveness, in the case of Miss McCrary, and a
reduction in the number of commercial courses offered by the
system, in the case of Miss Head.
Plaintiffs brought action on their own behalf and on
behalf of all other Negro teachers in Georgia similarly situated.
This case cannot be maintained as a class action under Rule 23,
Fed.R.Civ„P. In cases alleging the dismissal of black teachers
for racial reasons, an individual determination must be made as
to each teacher, examining whether the dismissal was for just cause
Since the ultimate question in each case is an individual one,
teacher dismissal actions are inappropriate for the cfess action
vehicle.
7 0 7 A
Complaint was filed in this ease on June 4, 1969, naming
as defendants the local superintendent and school board, and, in
addition, the State Board of Education and State Superintendent
of Schools. On June 20, 1969, an order was passed dismissing as
party defendants the Georgia State Board of Education and Jack P.
Nix, State Superintendent of Schools. Upon plaintiffs' motion to
alter or amend, this court later agreed to reconsider the dis
missal. A hearing was ordered for that purpose; however, upon
request that hearing was postponed, and no subsequent hearing has
been scheduled. Plaintiffs' motion to alter or amend is treated
later in this order. On June 23 and 24, a trial on the merits
was held consolidating plaintiffs' requests for preliminary and
permanent injunctive relief. Briefs were submitted by both
parties in August, 1969. In their post-hearing briefs, defend
ants urged for the first time that plaintiffs had failed to state
a claim for which relief could be granted, arguing that 42 U.S.C.
§1983 did not authorize suit against a political subdivision such
as a board of education, and that no claim had been stated against
Blakeney. To support the contention defendants cited Monroe v.
Pape, 365 U.S. 167, 81 S.Ct. 473 (1941); and Harkless v. The Sweenet
|
Independent School District, 300 F.Supp. 794 (S.D. Texas 1969).
Additional briefs on the question were ordered by the court on
September 19, 1969; and on December 22, 1969, further decision
was delayed pending the Fifth Circuit's ruling in Harkless, supra,
then on appeal. On June 2, 1970, in Harkless v. Sweeney School
District, et al, Civil Action No. 28188 (5th Cir., filed June 2,
1970) the Fifth Circuit stated:
-2-
While the question is not free from doubt,
we are of the view that the school district
here was included within the meaning of
"person" in §1983 for the equitable relief
sought and that the district court erred
in holding to the contrary.
The Fifth Circuit further stated that §1983 authorized a suit
against the school superintendent. Harkless removes defendant's
objection that plaintiffs have failed to state a cause of action.
Accordingly, this court proceeds to make findings of fact and
conclusions of law, as required by Rule 52(a) of the Federal
Rules of Civil Procedure.
FINDINGS OF FACT
1. Miss Head and Miss McCrary were black school
teachers employed by the Gainesville City Board in the Gainesville
School system in the year 1968-69 and prior thereto. The Gaines
ville City Board was the employer and Miss Head and Miss McCrary
were employees of Gainesville City Board. The teaching contracts |
entered into by the Gainesville City Board with teachers were for I
one year only, and the teaching contracts of Miss Head and Miss I
I
McCrary, as well as all other teachers in the Gainesville system, j
terminated at the end of the 1968-69 school year „
2. The Gainesville City Board did not offer contracts
of re-employment to Miss Head and Miss McCrary for the ensuing
school year, 1969-70.
3. The Gainesville City School District has had a
history of racial discrimination. Until the enactment of the
Civil Rights Act of 1964, this system had fully segregated black
faculty and students from whites. Through the 1968-69 school
year, there has been a minimum of integration, as evidenced in the
70SA
-3-
following chart showing the racial composition of the faculties
and student bodies of the eight city schools:
1968-69 SCHOOL YEAR
ELEMENTARY SCHOOLS
70S A
Students Teachers
White Black White Black
Fair St. Elem. School 0 723 4 23
Miller Park 290 25 13 0
Main Street 302 37 16 0
Enota 612 6 21 1
Candler 438 8 18 0
JUNIOR HIGH SCHOOL
Gainesville Jr. High 506 113 27 1
HIGH SCHOOLS
E. E. Butler 1 474 5 21
Gainesville 861 21 38 1
4. In 1953, the Gainesville City School District
entered into a contract with the Hall County Board of Education
by which all black children residing in the county outside the
city limits were to be transported to Gainesville where they would
attend all-black schools„ In order to retain federal monies since
the 1964 Civil Rights Act, Hall County agreed to educate those
blacks living within its boundaries. This has had the effect over
the past few years of removing 600 black Hall County students from
the City system.
5. Over the past four years, as the Gainesville City
School District has moved to desegregate, the percentage of black
students and faculty has dropped as follows:
-4-
PERCENTAGE OF GAINESVILLE CITY SCHOOL DISTRICT
Black students Black faculty
1966-67 39 1/2 37
(No figures given for 1967-68 school year)
1968- 69 34 26
1969- 70 29 25
6. During the school year 1968-69 approximately 275 to
300 black Hall County students were enrolled in the Gainesville
City system, but because of the Hall County system's desegregation
plan these black students were not enrolled in the Gainesville
City system during the year 1969-70, but were enrolled and educa
ted in the Hall County system during the 1969-70 school year.
There was a net decrease in the total enrollment of students in
the Gainesville City system during the year 1969-70 of approxi
mately 275 to 300 students. This resulted in the loss of six
teaching positions at Fair Street and four at Butler High School.
7. The only reason for the overall reduction in the
teaching staff of the Gainesville City system for the school year
1969-70 was the loss of black students from the Gainesville City
system to the Hall County system.
8. The Gainesville City Board of Education consists of
12 members appointed by the Gainesville City Commission, and the
Mayor of the City of Gainesville serves as a member of the Board
by virtue of his office in addition to the 12 appointed members.
The Gainesville City Board has full and complete control over the
Gainesville City School system. The personnel committee of the
Gainesville City Board during the school year 1968-69 consisted
of five members, four of them white and one of them black. Two
-5-
of the 12 appointed members of the Gainesville City Board were
black and two black persons have been members of the Gainesville
City Board for several years. Neither of the two black board
members voted against rehiring the plaintiffs.
9. The system used by the Gainesville City Board of
Education to determine which teachers would be re-offered con
tracts relies heavily, although not exclusively, on the recom
mendation of the superintendent. Generally, in January or
February the principals are required to turn in to the superin
tendent an evaluation of each teacher on their faculties. These
evaluations are placed on a rating sheet and the superintendent
personally reviews these with each principal. The assistant
superintendent also reviews the evaluations. Further, the
superintendent consults with supervisory people from his central
office staff having system-wide responsibilities, i.e., the
language arts consultant, the reading specialist, and the art
director. Based upon this information and from any personal ob
servations the superintendent may have made, he then makes his
recommendations for re-employment to the personnel committee of
the Board. The committee may overrule the superintendent's
recommendations, but it generally concurs and makes its recom
mendations to the full Board, which has the final decision on the
matter. Deviation by the Board from the superintendent's and
committee's recommendations is rare.
10. On February 20, 1969, the personnel committee of
the Gainesville City Board, other members of the Board, and all
eight principals of schools in the Gainesville system went over
the entire list of teachers then employed and the personnel
-6-
O A• 2-0 A j
committee decided to recommend that contracts for the ensuing year j
not be offered to nine teachers, six of whom were white and three
of whom were black.
11. Miss Head was a teacher of commercial education
for three years at the formerly all-black Butler High School. She
held a T-4 certificate and had earned three hours credit toward
her Master's Degree. Miss Head was recommended for re-employment
by her principal. She was considered an effective teacher of
commercial education by the superintendent and would have been
offered a contract for 1969-70 if one of the four commercial
education courses in the Gainesville system had not been elimi
nated. In comparing Miss Head with the other black commercial
teacher at Butler High School, her principal considered Miss Head
less effective. Miss Head had more seniority than one of the two
white commercial teachers at Gainesville High School. The super
intendent compared the commercial teachers system-wide before
rating Miss Head as least effective of all of them. Since the
I
Gainesville system required one less commercial education teacher !
I
in 1969-70, the superintendent recommended to the personnel com- j
mittee that Miss Head not be re-offered employment for the ensuingj
year. j
12. Miss McCrary was a fourth grade teacher with twentyj
one years of experience in the Gainesville system. Seventeen of
those year were spent teaching third grade. During 1968-69, Miss
McCrary was the only primary grade teacher in the system with a
Master's Degree. She holds a T-5 professional teaching certifi
cate . Miss McCrary was recommended for re-employment by her
principal, and her principal is willing to take her back as a
teacher of either the third or fourth grade. Both Miss McCrary's
former principal and her most recent principal considered her to
In
-7-
713 A
be an effective teacher.
In a discussion among the superintendent, assistant
ij superintendent and the principals of Fair Street and Butler High,
jl
" it was determined that Miss McCrary was less effective than other
j! teachers because of her reluctance to accept suggestions fromi
I supervisors, her failure to adopt modern teaching techniques, her
j classroom presentation was rather dull, and her students were not
j| motivated to learn, and that, accordingly, her contract would be
jj withheld. The reading specialist, Mr. David Massey, considered
l| Miss McCrary to be the weakest teacher of reading in the system.
ji The art director, Mrs. Dorothy DeLaPerriere, considered Miss Mc-
|
I* Crary to be the weakest teacher of art in the system. The
j assistant superintendent believed Miss McCrary was not performing
well in the classroom. Based upon this information from his
supervisory personnel, it was the superintendent's judgment that
j Miss McCrary was not as effective as teachers that he wanted to
retain in the school system. In reaching this judgment the super-
;i intendent compared Miss McCrary system-wide with all teachers in
:|
l her certified field.i!
13. While the principals' responsibilities in evaluating
teachers extended to only those teachers within their respective
j| schools, it was the superintendent's responsibility to rate and
|| evaluate all the teachers within the system. The factors used by
j l
j i!; the superintendent to determine effectiveness placed primary em-
i; phasis on satisfactory classroom instruction, rather than a
ji teacher's experience or background. Necessary factors were certi
fication, good moral character, education, ability to articulate,
and knowledge and execution of the techniques of education. It
-8-
? / v
was the superintendent's judgment after his evaluation of all
teachers that certain black teachers in the system were effective
teachers and they should be re-offered contracts for the ensuing
school year. However, the superintendent recommended to the per
sonnel committee that Miss Head and Miss McCrary, after an evalua
tion of them by himself and his staff, not be given contracts for
the ensuing year because of Miss McCrary's ineffectiveness as a
teacher and because Miss Head was the least effective of the four
commercial teachers in the system. The personnel committee recom
mended that Miss Head and Miss McCrary not be re-employed for the
ensuing year, and the personnel committee also recommended to the
full Board that seven other teachers in addition to Miss Head and
Miss McCrary not be employed for the ensuing year. Six of the
seven additional teachers were white and one of them was black.
The Board voted 8 - 1 not to offer contracts to said teachers for
the 1969-70 school year.
CONCLUSIONS OF LAW
1. The Equal Protection Clause of the Fourteenth
Amendment forbids the selection, retention and assignment of
public school teachers on the basis of race. Knowles v. Board of
Public Instruction of Leon Co., Fla., 405 F.2d 1206 (5th Cir.
1969); and Wall v. Stanley County Board of Education, 378 F.2d 275
(4th Cir. 1967).
2. The reduction in the number of students and faculty
in a previously all Negro school will not alone justify the dis
charge or failure to re-employ black teachers in a school system.
North Carolina Teachers Assoc, v. Asheboro City Board of Education,
71 A ̂
-9-
393 F.2d 736 (4th Cir. 1968); and Wall v. Stanley County Board of
Education, supra.
3, Teachers displaced . from formerly all-black schools
must be judged by definite objective standards for continued
employment. North Carolina Teachers Assoc, v. Asheboro City Board
of Education, supra; Rolfe v. County Bd, of Ed. of Lincoln Co.,
Tenn., 391 F.2d 77 (6th Cir. 1961); and Wall v, Stanley County
Board of Education, supra.
4. A teacher wrongfully denied re-employment in contra
vention of the above principles of law is entitled to equitable
remedies, including an award of actual damages. North Carolina
Teachers Assoc, v. Asheboro City Board of Education, supra; and
Wall v. Stanley County Board of Education, supra.
5, Although school boards generally have wide discre
tion in the employment and dismissal of teachers, a long history
of racial discrimination, coupled with disproportionate discharges
in the ranks of black teachers where desegregation finally is
begun, gives rise to a strong inference of discrimination in the
failure to re-employ black teachers in other schools. Such
circumstances cast the burden of proof on the school board to
show that the failure to rehire was for nondiscriminatory reasons,
and require that such proof be clear and convincing before the
failure to re-employ may be upheld. North Carolina Teachers Assoc..
of Asheboro City Board of Education, supra; and Williams v. Kim- I
brough, 295 F.Supp. 578 (W.D. La. 1969).
6. Initially, the burden of proof was on the plain
tiffs to show that they were denied employment solely because of !
their race. However, by showing the history of racial discrimina- j
tion within the Gainesville City School District, in addition to
715 A
-10-
B A
the steady reduction in the proportion of blacks on the faculty
since the City system began to desegregate, the burden of proof
!shifted to the defendants. North Carolina Teachers Assoc, v.
Asheboro City Board of Education, 393 F.2d 736, 3 A.L.R.Fed. 299
(4th Cir„ 1968); and Williams v. Kimbrough, 295 F.Supp. 578 (W.D. j
|
La. 1969). While the decrease in the percentage of black teachers
j
in Gainesville might not fairly be characterized as "a sudden
disproportionate decimation" as in Chambers v. Hendersonville City j
Board of Education, 364 F.2d 189 (4th Cir. 1966) where only 7 out
of 24 black teachers were retained by the board, the steady attri
tion of black teachers in Gainesville has been sufficient to shift ;
the burden of proof to the defendants.
7. Here the burden was on the defendants to show by
clear and convincing evidence that the failure to rehire plaintiffs1
was for nondiscriminatory reasons. The superintendent relied upon
the observations of his black principals and other members of his
supervisory staff in reaching the conelusion that Miss McCrary
should not be offered a contract for the 1969-70 school year.
While plaintiffs' counsel has attacked the basis for the super
visors ' judgments, it is the opinion of this court that the
thrust of the testimony remains that Miss McCrary was one of the
weaker teachers, at best, and perhaps, the weakest teacher in the
system in the areas of reading and art. Giving credit to this
testimony, it appears defendants had adequate non-racial reasons
for not employing Miss McCrary for the 1969-70 school year.
8. Regarding Miss Head, the record indicates her per
formance was considered satisfactory and that she ordinarily
I
would have been rehired by the Gainesville system. However, the j
-11-
7 / S
superintendent, in evaluating Miss Head with the other three
commercial teachers, concluded that she was least effective. The
factors included in this determination were use of the English
language, the ability for self-expression, and proficiency in the
teaching area. Evaluating all the commercial teachers against
these criteria, it was the superintendent’s judgment that Miss
Head was the least effective.
Once it is determined that an objective evaluation was
made prior to the dismissal of the black teachers, judicial
inquiry ends. This court holds that defendants have demonstrated
by clear and convincing evidence that the reasons for not rehir
ing plaintiffs were nondiscriminatory„
Accordingly, plaintiffs' request for injunctive relief
is denied.
Since there has been no finding of racial discrimination
against plaintiffs by the superintendent and the Gainesville
City Board of Education, it is no longer necessary to consider
whether the state defendants were properly dismissed from this
action. Any liability of the state defendants to plaintiffs
must derive from a finding that the failure to rehire plaintiffs
was discriminatory. This basis for liability being absent,
therefore, plaintiffs' motion to alter or amend the June 20,
1969, order of this court is denied.
Counsel for defendants is directed to prepare a judgment
in accordance with this order.
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
ROSA A. HEAD and CLARA. BELLE
McCRARY, Individually and on
behalf of all others similarly
situated,
§
§
§
§
§
Plaintiffs, §
§
§
§
CIVIL ACTION
R. D. BLAKENEY, Individually § NO. 1277
and as Superintendent of Schools §
of the Gainesville, Georgia, City §
School District; GAINESVILLE CITY §
BOARD OF EDUCATION; JACK P. NIX, §
Individually and as Georgia State §
Superintendent of Schools; and §
GEORGIA STATE BOARD OF EDUCATION, §
This action came on regularly for trial before the
Court, Honorable Albert J. Henderson, Jr., District Judge, pre
siding, and the issues having been duly tried and a decision
having been duly rendered,
IT IS ORDERED AND ADJUDGED that Plaintiffs' request for
injunctive relief be denied, that the action be dismissed on the
merits, and that the Defendants recover of the Plaintiffs their
costs of action.
Defendants. §§
J U D G M E N T
1970.
C u e j KJ^ u r i jU U K i
F o rm A. O. 133 (1-63) BILL OF COSTS
United States district Court
for ffjr
719A
NORTHERN.. f .I S T R IC T.. C.F.. ,C: i, U R Q IA .. - ..GAINESVILLE D1V1 S I ON
ROSA A. HEAD, a n d CLARA BELLE McCRARY,
Individually and on behalf of all others similarly
situated
vs.
0. BLAKENEY, et al
Judgm ent having been entered in the above entitled action on the
A u g u s t , 19 7 0 , ugxsc»t<
the clerk is requested to tax the following as co sts :
B I L L OF C O S T S
C ivil Action File N o . 1277
6 t h
Fees of the clerk
Fees of the m arshal
Fees of the court reporter for all or any p art of the
transcrip t necessarily obtained for use in the case
Fees and disbursements for printing
Fees for witnesses (itemized on reverse side)
Fees for exemplification and copies of papers
necessarily obtained for use in case
Docket fees under 28 U. S. C. 1923
Costs incident to taking of depositions
Cost as shown on Mandate of Court of Appeals
Other Costs (Please itemizeJ
A
7,
day of
%
5 6 4 .0 0 A,
.2 0 .0 0
2 7 3 .5 0 *
* S e e A f f i d a v i t a t t a c h e d h e r e t o .
Total
State of G e o r g i a
County of H a l l
ss:
I, S a m u e l L . O l i v e r do hereby swear th a t the
foregoing costs are correct and were necessarily incurred in th is action and th a t the services for which
fees have been charged were actually and necassarily performed. A copy hereof was this day mailed
to M r. H o w ard M o o re , 659 1 / 2 H u n t e r S t . , N . W . , A t l a n t a , G a . with postage
fully prepaid thereon.
Please take notice th a t I will appear before the Clerk who will tax said costs on ■ (// '
,1 9 l ) a t 7 / vh
A ttorney for G i t y ° f G a i n e s v i l l e B o a r d o f E d u c a t i o n
Subscribed and sworn to before me th is / / ' day of A. D. 19 /
/) X TT̂ ~,
N otary Public.
at G a i n e s v i l l e , G e o r g i a
of
Costs are hereby taxed in the amount of $ th is 1 7 th day
August ,1 9 yo> and th a t amount included in the judgment.
, 1 RifiYe p , i j o ; a ,Clerk. s
S p e n c e ^ D . F ^ e rc e rP e p u ty Clerk.
NOTE: SEE REVERSE SIDE FOR AUTHORITIES ON TAXING COSTS.
1 , £?
720A ' Xl s d nr r
•̂laudo C-0 2
»r: 71 h
men
A0G ,
Cloptc * 1 ISpjf
Clerfc
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF GEORGIA - GAINESVILLE DIVISION
ROSA A. HEAD, ET AL §
§
vs. § C. A. NO. 1277
§
R. D. BLAKENEY, et al f
Personally appeared before the undersigned officer
authorized to administer oaths, SAMUEL L. OLIVER, who after
being duly sworn, deposes and states:
I.
That he is of counsel for the City of Gainesville in
the above-styled case.
2 .
That the attached deposition costs were for the taking
of the following depositions:
R. D. Blakeney
Otis Ellenburg
P. Martin Ellard
Clara Belle McCrary
Rosa A. Head
L. C. Baylor
Mrs. Frances Miller
3 .
That the above deposition costs were necessarily in
curred in preparation for trial of the above case.
Samuel L. Oliver
Subscribed and sworn to before me this
~l /L- /*
_ da-y of L L O y.c Z \ 7 1970.
<7
iDj Uj . .
Notary ^Public
-I ■ 4
4 FILED IN CLERK'S OFFICE
AUG 2 1)970
Claude L. Gosa, C le rk
IN THE UNITED STATES D I S T R I ? ^
NORTHERN D IS T R IC T OF GEORGIA
GAINESVILLE D IV IS IO N
ROSA A . HEAD a n d CLARA BELLE X
NlcCRARY, I n d i v i d u a l l y a n d o n
b e h a l f o f a l l o t h e r s s i m i l a r l y
s i t u a t e d . X
P l a i n t i f f s ,
Y
C IV IL ACTION NO
- v s -
A
1 2 7 7
R. u . BLAKELEY, I n d i v i d u a l l y
a n a a s S u p e r i n t e n d e n t o f S c h o o l s
o f t h e G a i n e s v i l l e , G e o r g i a , C i t y
X
S c n o o l D i s t r i c t ; GAINESVILLE CITY
BOARD OF EDUCATION; JACK P . N IX ,
X
I n d i v i d u a l l y a n d a s G e o r g i a S t a t e
S u p e r i n t e n d e n t o f S c h o o l s ; a n d X
GEORGIA STATE BOARD OF EDUCATION,
D e f e n d a n t s .
X
NOTICE OF APPEAL
N o t i c e i s h e r e b y g i v e n t h a t ROSA A. Hb AD a n d CLARA BELLE
NCCRARY, p l a i n t i f f s , f o r t h e m s e l v e s a n d o t h e r s s i m i l a r l y s i t u
a t e d , h e r e b y a p p e a l t o t h e U n i t e d S t a t e s C o u r t o f A p p e a l s f o r
t h e F i f t h C i r c u i t f r o m t h e j u d g m e n t e n t e r e d o n t h e b t h d a y o f
A u g u s t , 1 9 7 0 , i n t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e N o r t h e r n
d i s t r i c t o f G e o r g i a , A t l a n t a D i v i s i o n , i n f a v o r o f d e f e n d a n t s .
D a t e d : A u g u s t 1 8 , 1 9 7 0 .
1L
HOWARD kOORE,
PETER RINDSKOPl
S u i t e 1 1 5 4
75 P i e d m o n t A v e n u e
A . t l a n t a , G e o r g i a
, N . E .
3 0 3 0 3
JACK GREENBERG
CONRAD HARPER
10 C o lu m b u s C i r c l e
New Y o r k , New Y o rk 1 0 0 1 9
ATTORNEY FOR P L A IN T IF F S
722A
IN THE UNITED STATES D IS T R IC T COURT
FOR THE NORTHERN D IS T R IC T OF GEORGIA
____________G A IN E S V IL L E ____ D IV IS IO N
COST BOND ON APPEAL
ROSA A. HEAD &
KNOW ALL MEN BY THESE PRESENTS, T h a t we CLARA BELLE MeCRARY
a s P r i n c i p a l a n d R e l i a n c e I n s u r a n c e C o m p a n y a s s u r e t i e s , a r e h e l d
C o u r t
a n d f i r m l y b o u n d u n t o t h e C l e r k o f t h e U n i t e d S t a t e s D i s t r & n t t h e
f u l l a n d j u s t su m o f TWO HUNDRED F IF T Y .AND N O /1 0 0 DOLLARS ( $ 2 5 0 . 0 0 )
t o b e p a i d t o t h e s a i d C l e r k , h i s h e i r s o r
a s s i g n s ; t o w h i c h p a y m e n t w e l l a n d t r u l y t o b e m a d e , we b i n d o u r
s e l v e s , o u r h e i r s , e x e c u t o r s , a n d a d m i n i s t r a t o r s , j o i n t l y a n d
s e v e r a l l y , b y t h e s e p r e s e n t s .
S e a l e d w i t h o u r s e a l s a n d d a t e d t h i s t h e 2 6 t h d a y o f A u g u s t , _ 1 9 7 0 .
WHEREAS, l a t e l y a t a t r i a l i n t h e UNITED STATES D IS T R IC T
COURT f o r t h e NORTHERN D IS T R IC T OF GEORGIA i n a p r o c e e d i n g p e n d i n g
i n s a i d c o u r t , b e t w e e n ROSA A. HEAD & CLARA BELLE MeCRARY___________
a s p l a i n t i f f a n d r . d . BLAKENEY, e t a l ._________________ a s d e f e n d a n t
■‘•n ______________ A c t i o n N o . 1 2 1 1 _________________ a j u d g m e n t w as
r e n d e r e d a g a i n s t t h e s a i d p l a i n t i f f s an ( j t h e s a i d
___________ p l a i n t i f f s _____________ h a v i n g f i l e d n o t i c e o f a p p e a l i n
t h e C l e r k ' s O f f i c e o f t h e s a i d C o u r t t o r e v e r s e t h e s a i d j u d g m e n t
i n t h e a f o r e s a i d p r o c e e d i n g .
NOW THE CONDITION OF THIS OBLIGATION I S SUCH, t h a t i f t h e
s a i d — P l a i n t i f f s___________ _ s h a l l p r o s e c u t e t h e s a i d a p p e a l
t o e f f e c t a n d s h a l l p a y a l l c o s t s i f t h e a p p e a l i s d i s m i s s e d o r
t h e j u d g m e n t a f f i r m e d o r s u c h c o s t s a s t h e UNITED STATES COURT OF
APPEALS FOR THE F IFT H CIRCUIT may a w a r d a g a i n s t t h e s a i d
_________ P l a i n t i f f s _____ __ I f t h e j u d g m e n t i s m o d i f i e d o r i n
a n y o t h e r e v e n t ; t h e n t h i s o b l i g a t i o n t o b e v o i d ; o t h e r w i s e t o
r e m a i n i n f u l l f o r c e a n d e f f e c t ; w a i v i n g a l l h o m e s t e a d a n d e x e m p
t i o n l a w s o f t h e U n i t e d S t a t e s a n d o f t h e S t a t e o f G e o r g i a a n d a l l
o t h e r S t a t e s .
723A
RELi.A.isroE i2srsurtA.3srcE company
H E A D O F F I C E , P H I L A D E L P H I A . P E N N S Y L V A N I A
POWER OF ATTORNEY
Know all men by these Presents, That the RELIANCE INSURANCE COMPANY,
a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint
Harold B. Gunby and Tom Gunby, individually, of Atlanta, Georgia,
its true and lawful agent and Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and
deed any and all bonds and undertakings, (except bonds guaranteeing the payment ot principal and interest of notes, mort
gage bonds and mortgages) in its business of guaranteeing the fidelity of persons holding places of public or private
trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other
takings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSUR
ANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms ail that its said
Attorney(s)-in-fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE
COMPANY which became effective May 11, 1962, reading as follows:
ARTICLE VII
Execution of Bonds and Undertakings
SECTION 1. The Board o f D irectors, the President, o r any V ice-P resident or Assistant V ice-P resident shall have pow er and authority to:
(a) appoint A ttorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of
indem nity and other w ritings ob liga tory in the nature thereof, and (b) to remove any such A tto rney-in -Fact at any time and revoke the power
and authority given to him.
SECTION 2. A ttorneys-in-Fact shall have power and authority, sub ject to the terms and lim ita tions o f the power o f attorney issued to
them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts o f indem nity and o ther w ritings o b lig
atory in the nature thereof. The corporate seal is not necessary fo r the va lid ity of any bonds and undertakings, recognizances, contracts o f indem nity
and o ther w ritings ob liga tory in the nature thereof.
In Witness Whereof, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its
Vice-President, and its corporate seal to be hereto affixed.
This.................8 th ........ day of September ..... 19.69..,
RELIANCE INSURANCE COMPANY
(SEAL)
STATE OF PENNSYLVANIA,
COUNTY OF PHILADELPHIA,
On this , ,8 th ........... day of ................. September ...................... , A.D. 1969 .before the subscriber, a
Notary Public of the State of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified,
came .H ,.H cD e rm Q tt.................. Vice-President of the RELIANCE INSURANCE COMPANY,
to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he
acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the
Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the
said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority
and direction of the said corporation, and that Article Vli Section 1 and 2 of the By-Laws of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia
the day and year first above written.
(NOTARIAL SEAL) ...............Irene M. Landis......
Notary Public.
My Commission Expires January 29, 1971
.J . H, ..McDermott....
Vice-President
I, ................. .........E. Clyde. W ilber ......................... . Assistant Secretary of the RELIANCE INSURANCE COMPANY,
do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said
RELIANCE INSURANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this
724A
CLERK'S CERTIFICATE
UNITED STATES OF AMERICA )
) SS:
NORTHERN DISTRICT OF GEORGIA )
I, CLAUDE L. G02A, Clerk of the United States District
Court in and for the Northern District of Georgia, do hereby
certify that the foregoing and attached 7 * ^ pages contain
the original record on appeal in the matter of:
ROSA A, HEAD and CLARA BELLE
McCRARY, Individually and on
behalf of ail others similarly
s i tuat ed
vs
R. D. BLANKFNtY, Individually
and as Superintendent of Schools
of the Gainesville, Georgia, City
School District; GAINESVILLo CITY
BOARD JF EDUCATION; JACK E. imIX,
Individually and as Georgia State
Superintendent of Schools; and
GEORGIA 3TA1 I HOARD wF EDUCATION
‘IN TESTIMONY UHbREOF, I hereunto subscribe my name
and affix the se;al of the said District Court, at Gainesville
Georgia, this M day of September, 1970.
CLAUDE L. GCZA
Clerk, United States District Court
Northern District of Georgia
iy- Mary Roper, Denuty Clerk