TennCare Fraud

A current issue in the state of TN is that of TennCare Fraud.  TNCare is insurance offered by the state of TN for those eligible.

TennCare Medicaid is for Tennesseans who are eligible for a Medicaid program. You can apply anytime for TennCare Medicaid.

There are several different groups of people that may qualify. And, each group has different income limits. Some of the groups also have limits on how much you own-your "resources." These are things like bank accounts, cars, and land. The number of people who live in your household count too.

Some of the groups TennCare Medicaid covers are:

• Children under age 21
• Women who are pregnant
• Single parents or caretakers of a minor child (The child must live with you and be a close relative.)
• Two-parent families with a minor child living at home when one of the parents:
• Has lost their job or had their work hours cut, or
• Has a health or mental health problem expected to last 30 days (DHS will need proof from your doctor)
• Women who need of treatment for breast or cervical cancer
• People who get an SSI check (Supplemental Security Income)
• People who have gotten both an SSI check and a Social Security check in the same month at least once since April, 1977 AND who still get a Social Security check
• A person who:
• Lives in a nursing home and has income below $2,022 per month, or
• Gets other long term care services that TennCare pays for.

(tn.gov/tenncare)

TennCare is a great program for those that do not abuse the system, which is a rapid occurrence in the state of Tennessee. The main example of TennCare Fraud is what they call "doctor shopping." By "doctor shopping", I'm referring to patients who visit different doctors and pharmacies getting as many prescriptions filled with drugs that are easily sold on the street.  There are many court cases filed daily for TennCare fraud involving "doctor shopping".  Here are some of the briefs from those cases found on tn.gov/tenncare.

Rutherford Co. Woman Sentenced to Two Years for TennCare Fraud

Released on Thu, Aug 11, 2011 - 1:40 pm under 

• TennCare Fraud

NASHVILLE – A Rutherford County woman charged with TennCare fraud has been ordered to serve two years in a Tennessee Department of Corrections (TDOC) prison facility.

The Office of Inspector General (OIG) today announced the conviction of Carman M. Reade, 22, of Murfreesboro.  Reade pleaded guilty to one count of TennCare fraud and received a two year sentence, plus she must repay TennCare for her medical expenses while she was on the program, along with court cost and fines.

Reade was arrested by the OIG in March for using TennCare to obtain a prescription for the painkiller Hydrocodone and then selling a portion of the drugs.  District Attorney General William Whitesell, Jr. prosecuted the case.

“Prescription drug trafficking has been a problem across the nation, but we are determined to eliminate this problem in the TennCare program in Tennessee,” Inspector General Deborah Faulkner said. “Enrollees who participate in selling drugs paid for by TennCare – and those who buy them – should understand this is a serious crime that we intend to prosecute to the fullest degree.”

The OIG, which is separate from TennCare, began full operation in February 2005 and has investigated cases leading to over $3.5 million paid in restitution and recoupment to TennCare, with a total estimated cost avoidance of over $173 million for the TennCare program, according to latest figures.  To date, nearly 1,500 people have been charged with TennCare fraud.

Through the OIG Cash for Tips Program established by the Legislature, Tennesseans can get cash rewards for TennCare fraud tips that lead to convictions.  Anyone can report suspected TennCare fraud by calling 1-800-433-3982 toll-free from anywhere in Tennessee, or log on to www.tn.gov/tnoig and follow the prompts that read "Report TennCare Fraud."

Bradley County Woman Charged with TennCare "Doctor Shopping"

Released on Mon, Aug 08, 2011 - 2:51 pm under 

• TennCare Fraud

NASHVILLE – A Bradley County woman is charged with TennCare fraud involving “doctor shopping,” or using TennCare to go to multiple doctors in a short time period to obtain controlled substances.

The Office of Inspector General (OIG) with assistance from Bradley County Sheriff’s Officers today announced the arrest of Melissa Cronan, 45, of Ocoee.  She is charged with eight counts of fraudulently using TennCare to obtain controlled substances by “doctor shopping.” Cronan failed to disclose to her doctor that she had seen other physicians within a 30-day period and received prescriptions for the same or similar controlled substances, with the clinical visit being paid for by TennCare.

"Physicians across the state have a taken a central role in cracking down on ‘doctor shopping’ in TennCare,” Inspector General Deborah Y. Faulkner said. “Before the law was passed, their hands were tied – but now they are quick to let us know about a person trying to abuse TennCare in this manner.”

TennCare fraud involving doctor shopping is a Class E felony carrying a sentence of up to two years per charge in prison. District Attorney General Steven Bebb is prosecuting.

The OIG, which is separate from TennCare, began full operation in February 2005 and has investigated cases leading to over $3.5 million paid in restitution and recoupment to TennCare, with a total estimated cost avoidance of over $173 million for the TennCare program, according to latest figures.  To date, nearly 1,500 people have been charged with TennCare fraud.

Through the OIG Cash for Tips Program established by the Legislature, Tennesseans can get cash rewards for TennCare fraud tips that lead to convictions.  Anyone can report suspected TennCare fraud by calling 1-800-433-3982 toll-free from anywhere in Tennessee, or log on to www.tn.gov/tnoig and follow the prompts that read "Report TennCare Fraud."

Gibson County Woman Charged with TennCare Fraud

Released on Fri, Sep 16, 2011 - 10:51 am under 

• TennCare Fraud

NASHVILLE – A Gibson County woman is charged in Madison County with using her daughter’s TennCare benefits to get dental services.

The Office of Inspector General (OIG), with assistance from Humboldt and MadisonCounty officers, today announced the arrest of Carita Laitice Lee, 33, of Humboldt. 

She is charged with two counts of TennCare fraud in a Madison County indictment accusing her of using her daughter’s TennCare to access dental services for herself. Except for special circumstances, dental benefits are not available for adults in TennCare.

“A TennCare card for one member of a family is not a ticket to benefits for everyone,” Inspector General Deborah Y. Faulkner said. “Children whose families can’t provide healthcare insurance deserve a healthy start, but the full array of benefits is not extended to adults, especially those who aren’t eligible for the program.”

Fraudulently obtaining TennCare medical benefits is a Class E felony that carries a maximum penalty of two years in prison per charge. District Attorney General Jerry Woodall will prosecute.

The OIG, which is separate from TennCare, began full operation in February 2005 and has investigated cases leading to over $3.5 million paid in restitution and recoupment to TennCare, with a total estimated cost avoidance of over $173 million for the TennCare program, according to latest figures.  To date, nearly 1,500 people have been charged with TennCare fraud.

Through the OIG Cash for Tips Program established by the Legislature, Tennesseans can get cash rewards for TennCare fraud tips that lead to convictions.  Anyone can report suspected TennCare fraud by calling 1-800-433-3982 toll-free from anywhere in Tennessee, or log on to www.tn.gov/tnoig and follow the prompts that read "Report TennCare Fraud."

Stephen Young, Immigration

Immigration has been a serious issue in American politics since the passing of the first immigration laws in the later 18 th century. American attitudes toward foreign migration range from an all-inclusive invitation to experience the “American Dream” to the absolute closing of borders. Current Immigration policy is meant to tactfully and diplomatically come to a middle ground between the two extremes. Current immigration laws have explicitly expressed purposes that come together to ensure fair and balanced admission into the United States. These laws are mainly meant to encourage diversity among Americans, provide refuge for foreigners under political or religious persecution, reunite families, and provide workers for under-employed fields in the American economy. In an American Utopia, each of these goals would be achieved to the fullest without any corruption or division among citizens. Realistically, Immigration policy is often enforced in a way that is counterproductive and based on non-governmental missions. The goal of this paper is to illuminate the dichotomy between the theory and practice of American immigration policy as it is today. Despite any officially expressed notions or ideas of immigration policy, its enforcement is subject to abuse by government officials and representatives which defeats the purposes of current immigration policy. Diversity has always been a major concern in the United States. The nation was founded by British colonizers and populated by a large variety of peoples since the late 18 th century. The fact that most American people are of foreign descent makes immigration a serious issue. This fact also raises long debated questions. Many wonder why some Americans are so adamant about immigration restriction when they themselves are not truly natives of this land. Americans are in essence, immigrants who have become dominant by the removal of native peoples. This commonality between many colonized countries raises issues of morality in the debate for immigration. Motives behind increasingly strict restrictions and policy enforcement for certain countries are also questioned based on morality and integrity. In a 2006 paper on immigration, the United States Congressional Budget Office explicitly states the one goal of immigration policy is to “ensure diversity by providing admission to people from countries with historically low rates of immigration to the United States”(9). This goal is seemingly just, but can be interpreted otherwise. This statement passively excludes countries with higher rates of migrants in the United States, such as Mexico with approximately 8,544,600 migrants, according to the 2000 U.S. Census(“Immigration Statistics”) Much of today’s immigration policy enforcement is aimed toward controlling the intake and management of Hispanic migrants. With increased deportation rates and border patrol, Mexican immigrants have more obstacles to their acceptance to the United States than ever before. The diversity goals in the Congressional Budget Office’s paper seem to be reminiscent of the 1921 Quota Law in which immigrant acceptance was restricted by nationality according to a foreign countries representation in previous census reports (13). Also similar to the Quota Law, the United States has numerical ceilings for immigrant admission based on category rather than country. These categories vary in priority, the highest ranking having no numerical ceiling and the lowest ranking having the lowest ceiling (20). Numerical ceilings control the population in a seemingly unbiased way with regard to race. An argument may be made that an indirect or institutionalized racial element may be at work in the prioritization of the numerical ceiling categories. For example, the number of skilled and unskilled workers/immigrants from Mexico is currently high in the United States, thus in restriction efforts, the category is limited to 58,464 immigrants for the year. Though not as exclusive as the Quota Law, the diversity expressed by the Congressional Budget Office refers to immigrants from countries other than those with current high immigrant population rates in America. Immigration laws are sometimes overtly used to discriminate against and immobilize Hispanic immigrants on their way to America. Politicians rouse fears of extinction in “native” citizens, leading to widespread disdain for the perceived extinction factor: a rising Hispanic immigrant population. This fear successfully limits opportunity for success in immigrant populations. American who feel endangered by the presence of immigrants help to perpetuate stereotypes and stigmas that ultimately have a large part in the public perception of Hispanic immigrants and how America must manage them. Politicians and rabble rousers knowingly take advantage of this with speech that plays on the American fear of being dominated by foreigners. An example of this sort of speech is can be seen at the website Tennesseans for Responsible Immigration Policies. In a short article the author states, “Illegal immigrants, who often times reside more than one family to a home or apartment are also placing an increased burden on our schools and health services. . . The majority of our increase in school attendance… is due to mass, unchecked immigration” (T.R.I.P.). The site uses aggressive rhetoric, exaggerated figures, and false claims to instill a fear of immigrant’s socio-economic burden into its readers. The site attributes thefts and murders to illegal immigrants as if crime only occurs in immigrant populations. Such a one sided argument is weakened by its stereotypes and unreliable figures. In any case, the fact is that this literature influences American citizens to fight a threat that is made to seem more intimidating and damaging than it actually is. Government official and employees sometimes abuse their power to exploit the plight of Hispanic immigrants in America. Many heinous abuses of power have been reported at companies that hire migrants and at the border between the U.S. and Mexico. Diana Vellos documents a specific situation of sexual coercion by border patrol agents in her 1997 article entitled Immigrant Latina Domestic Workers and Sexual Harassment. In the case of the United States v. Davila, two illegal immigrants were coerced into performing sexual favors as a “price for their liberty” (409). The two border patrol officers in this case were tried and found guilty of sexual abuse and of using their authority to violate the two women’s rights. Vellos states that the main reason why this case went to trial is because of the two women’s support system. One of them was engaged to a private in the military, who filed the charges (413). This case is rare. There are instances of sexual abuse by border patrol officers and employers that are not reported because the migrants and undocumented workers fear deportation. Immigration policy is meant to allow foreigners to assimilate into American culture so that the United States might experience a more diverse and population, employ workers for labor-deficient occupations, and provide a place of refuge for the persecuted people around the world. Through abuse of authority, false data, and negative media, America is using its immigration policy in its current state to take on the aggressive role in the persecution of immigrants. Caldera, Selena., et. al. “Immigration Policy in the United States.” Congress of the United States Congressional Budget Office (Feb. 2006) Unites States Census Bureau. April. 24 2008. U.S. Census Bureau, Systems Support Division.Sep.15 2008. <.http://www.census.gov/main/www/ cen2000.html> Vellos, Diana. “Immigrant Latina Domestic Workers and Sexual Harassment.” American University Journal of Gender and the Law 5 (Spring, 1997) 407-432

The Privatization of Briscoe Field by Cheri Anderson

The Privatization of Briscoe Field

By: Cheri Anderson

A major topic in Gwinnett County right now is the move to privatize Briscoe Field. The airport is currently losing money and could continue to lose money over the next few years. In early 2010, Gwinnett County filed an application with the FAA to privatize the airport. I am in favor of this and think that the benefits to this county could be tremendous.

A new privatized Briscoe Field could be a money maker for Gwinnett County. Right now, the airport is losing money and will probably continue to do so. But a privatized Briscoe Field would take the burden away from the Gwinnett County taxpayers. Bringing in small commercial flights could bring in a new stream of revenue. Currently, if the airport makes a profit that money must go back into the airport. But if the airport was privatized Gwinnett County would be allowed to use those profits for other county needs. Every dime of profit would not have to be pumped right back into the airport. This would create a huge benefit to the taxpayers.

There would also be a financial benefit to the surrounding area, Gwinnett County, and the neighboring counties. New hotels, car rental companies, and more would move into the area creating new jobs. Currently traveling businessmen and women must fly into Atlanta into Hartsfield Jackson airport, which is the busiest airport in the world, or the Peachtree-DeKalb airport. Traveling by car to Gwinnett County easily adds another hour to the travel time. If Gwinnett County had commercial flight service, then these travelers could fly directly into Gwinnett saving time and money. And if they decided to stay in Gwinnett for a few days, then the money stays in our county and not in the city of Atlanta.

Picture a family wanting to take a trip. Currently, they would have to drive an hour into Atlanta through traffic to take a flight out of a busy and congested airport. Once there they would have to pay to park their car there for the duration of the trip. Believe me, there is no one who will drive you to the Atlanta airport if you live in Gwinnett. I don’t even think my mom would agree to that one. But if there was an airport in Gwinnett, they could probably find someone to drive them to the airport, thus saving themselves the parking fee. With a county as large as Gwinnett it doesn’t make sense that these families would have to drive an hour to get to an airport. Gwinnett County should have a commercial airport for its citizens.

There are some people who complain about the noise commercial planes would bring in. But, according to the stats, the airplanes that would be brought it would not be louder than the planes currently flying out of the airport. They also complain that their house prices could drop. But in other communities where small commercial airports are located, like the Westchester, NY airport, the housing prices are actually rising. The opponents claim that most of the Gwinnett County residents are against the airport privatization but surveys that have been taken have shown otherwise.

I support the plan to privatize Briscoe Field and will be watching along with the rest of the county to see what happens next.

http://www.flybriscoe.com http://www.betterinformedgwinnett.com/ignorance-the-greatest-enemy-of-progress-in-gwinnett/ http://www.gwinnettforum.com/2011issues/11.0809.htm http://www.betterinformedgwinnett.com/airport-noise-argument-lacking-in-common-sense/

TN Child Support

Tennessee Child Support can help a custodial parent locate the other parent, establish paternity of the child, collect payments and enforce the court ordered child support. Families that do not receive TANF benefits pay a $25 fee to the state of Tennessee after $500 has been collected from the non-custodial parent over one years time. If a family receives TANF/Families First benefit’s the $25 fee is waived. If a family applies for TANF/Families First of medical assistance, but has not applied for child support, they will be first referred to the child support office. In order for DHS to find the non-custodial parent, they can search records such as drivers license records, wage and unemployment records, vital, criminal and health records. DHS also goes through the following actions in order to make sure child support orders are enforced:

• Automatically withhold wages and other income
• Seizing assets identified by the Financial Institution Date Match (FIDM) program
• Interrupt tax refunds
• Deny passport applications
• Revoke drivers or professional licenses
• Report to credit reporting agencies
• Place liens on real and personal property
• File a petition with the court

The Uniform Interstate Family Support Act (UIFSA) was put in place to assist families in which one parent lives in another state. Under this act, one state can ask that the other state help to establish, enforce and collect child support payments for the family.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) says that all states are to set up and run a program to collect and give out any support payments that are implemented by the Social Security Act.

Child support is taken directly out of the non-custodial parents pay check by state and federal laws. It is the most reliable way to make sure the non-custodial parent receives child support in a timely manner and that there are regular payments being made. Income can be withheld from wages, salaries, commissions, vacation pay, bonuses, worker’s compensation, disability payments, pension or retirement programs and interest. Up to 50% of the non-custodial parent’s income must be withheld. Payments can then be put on a child support debit card, or they can be direct deposited into the custodial parents bank account. There is also a log in to view payments and balances on the child support case.

If a parent is incarcerated, it is suggested to write a letter to the warden of the prison to see if the incarcerated parent can possibly make some money from a job in jail or a work-release program. In some states, the courts may put a lien against any assets, such as property or the money being made by the incarcerated parent through a work-release program may be withheld.

The process by which child support payments are calculated is called Income Shares. This form takes into account both parents income, the number of children, child care and health insurance costs and also how much time is spent with each parent by the child(ren). Tennessee child support also takes into consideration special expenses paid by parents, such as music lessons, athletic activities and private school. In order to qualify, the expenses must be over 7% of the child support order.

Pay for Performance

Pay for Performance Education

Teachers no matter what grade level, school, or university are the educators for every degree. They develop students into more knowledgeable individuals and often at higher levels of learning teach students how to succeed in their career path. However, teachers have always been one of the most underpaid careers despite the level of importance. Most teachers, do not do it for the money since the money is hard to come by but the rewards of ‘aha moments’ and other positive outcomes in a student’s education. The rewards for teachers have often been based on the length of one’s career but recently the views have been changing and more challenging for teachers. Longevity seemed the fairest way to even out the pay scale (Delisio, 2011) until a recent shift to focus on the performance of students as a way to reward educators.

It is hard to document the performance of students because no student learns the same and there are so many outcomes for individual students. One student may have a learning disability while another may be gifted, or perhaps the teacher is in a low income area where the students are unable to get the extra help other areas or families may be able to aid in. One solution as listed on the site is basing the pay on the schools performance. In Florida where I am from they did this, where the schools bonus was based on FCAT scores but the past years score would have an effect on the amount given because the score had to be higher than the previous years. The FCAT is a standardized test which measured different subject areas such as math, reading, and science. The FCAT in my school experience though effected our education because teachers began teaching to a test rather than teaching a subject.

Another suggestion is receiving a bonus or merit pay based on goals you set that year and the achievement of these goals at the end of the year. The goals however would have to be decided by a team not just the teacher, perhaps the school district designated X amount of teachers and faculty to come up with a goal for the year based on the students coming in to that school year. Even basing the goal by grade level could aid in setting a goal; since a lower grade level has a different education than a high school student would have, since the course content is entirely different.

Before I moved to Tennessee I was attending school for a degree in Special Education and watched the stress and battles my mentors went through for their students so this topic is one that means a lot to me. Also, I am a firm believer that teachers or the instructors for all careers. Basing their pay on the achievement level of their students is out of the teachers hands at times. A teacher cannot go home with each student to make sure they get their homework done instead of playing video games all night. In order for a teacher to succeed they need the support of their faculty, the student’s parents, and even the student themselves. So many outside forces influence the success or failure of students.

Delisio, Ellen (2011) Pay for Performance: What Are the Issues? Education World the Educators Best Friend. Retrieved from http://www.educationworld.com/a_issues/issues/issues374a.shtml

Krysta Pappas Padm3601

Is Child Support Actually Support?

Is Child Support Actually Support?

Massive numbers of non-custodial parents who are accused of non-payment of child support now are being separated from their children, plundered for everything they have, publicly vilified and incarcerated without trial. The existing model and law do not adequately nor fairly serve the population for which they were created.

The model

Calculating the amount that parents are ordered to pay as child support involves the use of a rigid formula known as a "child support guideline." The amount determined by use of a state's guideline is legally presumed correct in all child support cases.

The Tennessee Child Support Guidelines are based on an Income Shares Model. This model presumes that both parents contribute to the financial support of the child in proportion to the actual income available to each parent. The Income Shares model differs from the Department’s prior Flat Percentage model, established in 1989, which calculated the amount of the child support award based upon the net income of the non-custodial parent and which assumed an equivalent amount of financial support was being supplied to the child by the custodial parent".

Although federal law requires consideration of only the income of the non-custodial parent, under the Income Shares model, both parents’ actual income and actual additional expenses of rearing the child are considered and made part of the support order. "The Income Shares model, which is used by over thirty other states, is generally based on economic studies of child-rearing costs, including those of David Betson, Erwin Rothbarth, and Ernst Engel".

The model is not economically realistic.

With the Income Shares Model there are underlying assumptions:

• "The household is intact.
• The custodial parent cares for the children 100 percent of the time and the non-custodial parent has no parenting costs.
• There is additional income when a child is added to the family to bring the standard of living back to its previous level.
• Tax benefits attributable to the children are not cost offsets; are not negative costs.
• For Betson-Rothbarth based Income Shares guidelines the method of estimating child costs is to compare household consumption levels of alcohol, tobacco, and adult clothing before and after having an additional child. For Rothbarth Income shares versions implemented after 2001, the comparison is with just adult clothing"

In most child support cases these assumptions are not applicable which makes the payment for the non-custodial parent impossible, especially with the downturn of the economy.

The Law

A major issue for custodial parents, children and society is created when a parent refuses to pay his or her court ordered child support. This is a serious problem of national dimensions. A recent study found that less than half the parents awarded child support receive payment in full. In 1989 alone, four billion dollars that was owed in child support was not paid. This failure on the part of non-custodial parents - usually but not always fathers - is a major cause of poverty in children. This not only affects the families but has an indirect impact on the society who must finance poverty programs to assist those in need. Laws are enforced in either black or white but circumstances are in the gray.

If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Tennessee child support law to collect regular and past-due payments.

• "Automatically withholding of wages and other income
• Seizure of assets identified by the Financial Institution Data Match (FIDM) program
• Intercepts of federal tax refunds
• Denial of passport applications using the IRS Treasury/Administrative Offset program
• Revocation driver's licenses, professional licenses, and various other licenses
• Reporting of child support debt to the credit reporting agencies
• Placement of liens against real or personal property
• Non-paying parents could end up in jail"

This is not an effective solution because there is no system to ensure that the person fulfills his or her parental duties. Instead, there should be more post-arrest supervision and a well-thought-out payment plan. This will create a better environment for parents as well as their children. Non-paying parents need to work but if a person is incarcerated how they pay.

Across the United States there has been a spike in modification cases. In explaining why they can no longer pay as much per month, the parents, typically fathers, cite layoffs, cutbacks in work hours and the loss of homes to foreclosure. Presented with documentation of falling incomes and rising expenses, judges often have little choice but to grant the downward adjustments, even in the face of protests from mothers struggling to support children.

Source : http://www.guidelineeconomics.com/fightcase/incomeshares.htm

Source: TN Child Support Guidelines

Posted by: Laurita V. Hoskin

Government Regulations on Religion in Schools, Devan Owsley

When our country was first founded, it was brought to life with the idea of one nation under God. Many things we know today originated from our country's religious views. As our country continues to grow and change, it seems as if religion is slowly starting to fade away. The First Amendment of the Constitution states that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free excersice thereof." Despite this statement,many things have started to change for free expression of religion in schools. Let me first clarify that prayer and other religious notions are allowed in the school systems. These rights have not been abolished; however, more regulations are continuing to arise that restrict this freedom each day. Students who have religious beliefs are permitted to pray anywhere they see fit, as long as it is not disruptive to others. But what constitutes as disruptve? If a student prays too loudly, and it offends another student, does that qualify as disruptive? What if a group of Christian students get together during a free preiod to pray and a non-believer sees this, does this qualify as disruptive? The main issue with this regulation is that the word disrutive is open for interpretation. Most schools have designated times or clubs that students can participate in group religious activities. In my opinion, this is as much of an issue as students being offended by religious practices in school. I feel that making these students limit their religious practices within the guidelines of these designated times or clubs is ultimately a disregard of their freedom of speech. The only time a student should not be allowed to freely express their religious views are during class or when it is directed towards another student in a discriminating fashion. One thing prohibited by the Constitution that really hits home with me, is the practice of religion at high school athletic events. As a student athlete and Christian for most of my life, prayer before a game is extremely important to me. The Constitution prohibits group led prayer before any school event, because is states that it could be incriminating to other students by singling them out as non-believers and placing one religion superior to another. According to the Constitution, and individual may lead a prayer with a group of willing participants, as long as it isn't a faculty led prayer. Since prayer before an athletic event is not mandatory, isn't it a bit of a contradiction to have your insipirational leader on the field or court (your coach) lead your team in a prayer? I recall one night that our football coach was scorned by parents for leading his team in a prayer. Before the prayer he gave anyone who had a problem with him leading prayer the opportunity to address the matter and if nobody minded he wanted to say a small prayer after the passing of one of our teammates. He did not try to single anyone out or place a religion superior to another. His intentions were merely to ask for strength for us in a time of tragedy and to help keep us safe and protected out there on the field. Is what he did wrong? These misinterpretations of religious practices have started to restrict the freedom of religion amongst students and faculty. Although the Constitution allows students to have specific times or groups to practice their religion, I feel that there should be more opportunities for them. I do not believe that prayer or other religious practices should be mandatory; after all everyone has the right to decide what is best for them. But does this mean that opportunities to practice religious beliefs should be restricted as much as they are? Making students practice their religious views in specific ways is just as incriminating as asking a student to step outside during a morning prayer or moment of scilence beacuse it offends them. I think it is great that the government has tried to create even ground for all students, but restricting both sides in my opinion is not the answer. Our country's foundation rests on freedom or speech and equality for everyone and it should be no different in our school systems. www.religioustolerance.org www.usnews.com/education/blogs/on-education/2009/01/22/religion-in-schools-debate-heats-up

Military exchanging the 20 year retirement benefit for a 401(k)?

This could be the future benefit package if Pentagon advisors succeed in replacing a long-standing tradition of drawing retirement after 20 years of active duty – regardless of age – with an employer-matched savings program much like the rest of Corporate America. In response to the defense spending budget cuts necessary to raise the debt ceiling, the Defense Business Board recommended ditching the outdated compensation package that has lured millions to serve their country because it is “unfair, unaffordable, and inflexible.” Detailing the problems and recommendations in their July 21, 2011 report Modernizing the Military Retirement System, the 401(k) program will allow all service members to earn retirement savings as they contribute into their own accounts that rollover to their civilian careers should they decide to leave the military. Under the current retirement system, only those who serve 20 years or more are eligible for benefits and the board suggests this is not competitive with the civilian workplace. In addition to 401(k) matching for all active duty service members, the board also recommends placing a premium on specific job fields such as combat duty and offering extra contributions for length of service. This type of flexibility in contributions will “reward longer service” and “high risk assignments” which could be more of an incentive as separation from families and hazardous duty often lead to attrition, especially for younger members.1 Although improving the retirement system to compete with civilian employment benefits by providing 401(k)s for all employees is worth considering, is this really the best alternative to offer our men and women who surrender their own personal freedoms to keep our country secure? In response to CBS Investigative Report, Radical overhaul of military retirement eyed, blogger “1969Vet” presents the following argument: “My retirement is not a benefit, it is something I have earned over the past 24 years, through sacrifices and unquestionable commitment to my country and what it stands for. Were the sacrifices I made for my country and countrymen over the past 24 years a benefit?”2 The “Vet” makes a good point – unlike Corporate America, we ask our service men and women to voluntarily obligate themselves for a contracted period of time to do whatever is necessary; wherever that may be; without regard for their own preferences; little to no consideration for family responsibilities; often in deplorable, unsanitary, and extremely dangerous conditions for about the same benefits and compensation that Best Buy offers the Geek Squad.3 We should now expect them to sacrifice so much for the benefit of making withdrawals from a 401(k) at the age of 60? What is the motivation to serve your country for 20 years or more if you can receive similar compensation from civilian employers? I asked my own son who is currently serving in Afghanistan how he feels about the proposal and he brought up a concern that many soldiers approaching the ten year mark face: under the current free retirement system, the longer you stay on active duty and climb in rank, the higher your retirement pay will be when you reach your twentieth year of service and it doesn’t require a monthly payroll deduction. That is a huge motivating factor when weighing reenlistment options against leaving the Armed Forces. Take away that motivation and the most experienced, highly skilled leaders that we have spent time and money training to use mission-specific equipment might just choose a comfortable civilian life. Wouldn’t our country be less secure with a less experienced military? Matching contributions at some percentage in a privately-managed 401(k) levels the playing field for all service members but let’s not take the 20 year retirement system completely off the table either. Considering that most people with 401(k)s have seen a drastic decline in their accounts since 2008, ending the 20 year retirement system might not be the best recruiting tool to attract the 17 – 24 year old high school grads, especially when the economy improves. It has only been in the last few years that recruiting goals for all branches of the military have been made – a first in over 30 years – due in part to the high levels of unemployment. Once the recession is over, there is a very real possibility that the numbers of quality men and women enlisting will drop and once again recruiters will have to entice eligible young Americans to choose the military over alternative industries that might offer better benefits. While the majority of businesses in the United States have stopped offering full retirement programs, 30% will contribute to a type of 401(k); 50% provide nothing at all; yet there is still about “20% of workers ... enrolled in traditional pensions ... according to Labor Department statistics and estimates by Boston College's Center for Retirement Research.”4 Shouldn’t the United States military rank in the top 20% for employment benefits? Clearly across the board budget cuts are necessary during our current economic downturn and defense spending should be tightened in some areas but why retirement and why now? Former Defense Secretary Robert Gates and current Defense Secretary Leon Panetta are both advocating for changing military retirement benefits to be delayed until after age 60 to save upward of $250 billion over the next 20 years.5,6 It doesn’t take a Wall Street financial analyst to quickly look at the annual spending on the wars in Iraq and Afghanistan to deduce that the costs just for one year alone exceed $250 billion: Iraq’s 2008 costs were $140 billion;7 Afghanistan’s 2011 tab to date is $119 billion.8 Maybe we should take a harder look at our priorities and decide if the price tag for the War on Terror is worth sacrificing a time-honored custom dating back over 100 years. Notes: 1. http://dbb.defense.gov/pdf/DBB_Military_Retirement_Final_%20%20%20%20Presentationpdf.pdf 2. Attkisson, Sharyl. Radical overhaul of military retirement eyed. August 15, 2011 6:38 PM http://www.cbsnews.com/stories/2011/08/15/eveningnews/ main20092652.shtml. blog by 1969Vet. August 22, 2011 2:56 PM EDT 3. Best Buy Geek Squad employee with a few years experience could have a 401(k) with employer contributions and typically earn $15.00 per hour which would be comparable to an E5 based on a 40 hour work week 4. http://archive.truthout.org/article/corporate-america-pulling-back-pension-safety-net 5. http://hamptonroads.com/2011/06/gates-seeks-big-changes-military-pay-pensions 6. http://www.usatoday.com/news/military/story/2011-09-07/Proposed-changes-in-military- benefits-have-troops-worried/50305324/1 7. http://www.foxnews.com/politics/2010/08/30/cbo-years-iraq-war-cost-stimulus-act/ 8. http://abcnews.go.com/Politics/afghanistan-war-costs-soar-obama-troops- announcement/story?id=13902853

School Uniforms

The debate about school uniforms is one that hits home for me. I have a unique perspective of school uniforms, and the effect they can have in a school. I went to a private school in middle school that had a school uniform. I had a very bad social anxiety, so I struggled with just being at school in general. What also made dealing with my social anxiety harder to deal with, was not having the money to have expensive clothes. It was hard for me to fit in with wearing similar clothes everyday that were not what was considered to be “cool”. For the most part, I had maybe 2-3 shirts and a pair or two of pants. The school uniform was implemented when I was in the 4^th grade. This was put into place with a huge amount of controversy.

Students hated the new dress code. It was constantly talked down upon. Students tried to break the uniform in any way they could. It was something new and they just refused to adapt. The dress code required a solid color polo without an emblem. People would intentionally wear polos with emblems just to defy it. I too didn’t like the dress code at first. I hated tucking my shirt in. However, as time went on I grew to understand why it is important. It makes it easier for people to fit in. There is too much emphasis on what people are wearing in school these days. Students don’t realize just how hard it can be to some students who cannot afford or wear the type clothes that are considered popular.

There is also the fact that school uniforms are important due to their image. School uniforms are less distracting in school. They allow students to worry less about what the student next to them is wearing, and more about school work. It also keeps young girls from wearing too revealing of clothes, which should show positive results for both girls and boys when it comes to school work. It helps create a positive work environment for the students. They can start getting a sense of dressing appropriate and in a more business like way.

The new school uniforms had nothing but positive results for me. I felt more comfortable going to school. It is hard to fully concentrate on school if you are constantly worried about what people may think about what you are wearing. It just made me feel like I fit in more. This is even more important to those students who suffer from social anxiety, as it is already a huge issue just being around people. When that is coupled with other things such as clothes, it can start to become a really big issue. I noticed that people seemed to be more open to be friends with other people they normally would have ignored. They wouldn’t immediately write them off due to what they were wearing.

Most students hated the dress code at first. However, as time went on, people started to not care as much. The things that tended to irritate most for an extended period of time was having to wear belts and tuck their shirts in. I too continued to not like this throughout middle school. It was due purely to comfort. Belts and tucking your shirt in was just uncomfortable. The other aspects of the dress code eventually faded away as people grew used to it. It was no longer the big problem it was initially. I think this is important to note, because even though you have huge opposition at the start, it will die down. This makes the rewards well worth the initial hassle.

It is worth the inconvenience to the students for the positive results it will have in the long run. It is worth it to the students who have troubles. Most people seem to forget about how this change could help others. If they stopped thinking about the negatives, and thought about the positives, maybe they would change their opinions regarding uniforms. It just makes such a more positive environment for students to work in. Now that I am at the age where having my own kids is coming into question, my views on uniforms are even more solidified. Even though I no longer have social anxiety, I still understand that this is something that helps some, and shouldn't be ignored.

Monday, January 31, 2011 Pregnancy: A New Issue or an Old Problem Lately there has been nation wide coverage on the teen parenting dilemma namely at Frazier High School located in North Memphis. The news casters address this situation conveniently at the same time as the big battle of merging the Memphis City School and the Shelby County school systems together. During this fiasco of an ordeal, the issue appears that if you merge both school systems together then the burden of teen pregnancy will affect funding and the reputation of their schools in Shelby County. There is said to be over 90 pregnant girls out at Frazier alone and the number is rising. People from all over the world have decided to not only bring light to this situation, but to also pin point a specific school, location, and even stand of living of these vulnerable youth. Where these city leaders and community voices stating clear facts on this situation or is it merely a situation that is being used as an example to sway the community into identifying what is possibly going to be a problematic issue. Is the media suggesting that the county schools are going to soon inherit all of these issues and for that very reason they can’t afford to merge the school system or are they trying to find help for these young scholars? Going out into the school system as a volunteer I have discovered that there has been an enormous amount of people who want to go into the schools to help without first finding out what the needs of these young people are. For example, you have Girls, Inc going out to the school to offer their service in offering the youth various skills. Their program teaches young ladies empowerment and abstinence. My first question to this is what about the young boys and men who are out there at the school and how is abstinence going to be a solution with already sexually active girls that have babies or are currently pregnant. It will be good if they were planning to collaborate with Planned Parenthood in reference to the reproductive system and sexual transmitted diseases and the like. Also, I am Concerned about the negative publicity that has circulated without the straight facts. Just from volunteering with Memphis City School’s Family Resource Center, namely at Frazier off and on, this is one of four schools that actually accommodate these teen moms. They actually have a clinic on-site where the moms can actually make appoints to get the baby checked out. Also, there is childcare nearby where the mothers can drop the babies off and go to class and back home almost stress-free. This has been an issue obviously for so many years not to mention this is not the only school pregnancy issues. Not to mention these girls come from all over North Memphis to attend this school for the convenience and acceptance. There is a school located in Mid-Town Memphis called the Adolescent Parenting Program (APP) which does the same thing and accommodates the teen parents if you can get to it. It has over 60 young ladies who are either pregnant or have young children who attend. Several of them have more than one child who attends the childcare program but no one talks about this situation. The interesting thing about the scholars is that if they are about to graduate, they finish up at APP and then they go to the home school to graduate. So if it is Frazier then you are counted as a part of their statistics. Is this a true count of these young individuals? The entire issue of teen pregnancy needs to be addressed city wide through mandatory curriculum. This way if students are required to take this class early on, it may be more beneficial later on with our youth as they know what they are facing in life. Keep in mind that many of these teens get caught up in situations they are raped, forced incest, or even generation and/or situational prostitution whether it be to feed the family or just plain recreational. Sometimes sex becomes an everyday time pass. I have many clients who tell me that they wanted to see how it felt or they just felt like doing “it.” If this is what they are doing when they have too much time on their hands I can’t imagine some of the other things that they are doing out there that may soon become an epidemic. Through teaching our youth about sex and many different situations that may surround them like STD’s, rape, and so forth, just maybe the pregnancy numbers may lower at some point. No one wants to be exposed to illnesses when they know what they look like and after they talk about it repeatedly. I think that the school system should implement some free extra curricular activities that may be able to reach out to everyone on in some way or another. Everyone is not actively able to play sports nor is everyone mentally strong enough to participate in debate clubs and the like. However, by offering clubs and organizations like fraternities, sororities, student government, poetry club, cooking club, along with the band and sports activities it can add a variety of things our scholars can partake in while keeping their minds from unnecessary idling. I have not forgotten about parental involvement and how it has plummeted downward affecting our youth. Parents of these scholars are forced to work jobs that have not so convenient hours in efforts to provide for their families. Of course there are some deadbeat parents but for the ones that are out there doing what they have to do I commend them. For our youth that are out in the elements fending for themselves the community should be able to offer something positive for them to do instead of telling them what they have done wrong. We are so quick to point fingers at issues that are not savory, why can’t we use the same energy to find appropriate solutions to current issues other then putting our communities on blast in front of the world? Maybe the answer will circulate at another time. Posted by Melissa J at 8:54 PM

Unplanned Pregnancies

The rate of unplanned pregnancies varies. The number is particularly high among teenagers. The total number of unplanned pregnancies have increased over the years. Society seems to think that unplanned pregnancies are common among the poor, uneducated sectors of the population, which do not have access to affordable birth control or do not have the knowledge to protect themselves. Teenagers have a higher risk of unplanned pregnancies than any other age group.Most teenage pregnancies are not planned and 90% of teens claim absolute surprise when they are told that they are expecting. Teen mothers are less likely to complete high school. Teen mothers are more likely to end up on welfare. Teenagers who have strong emotional attachment to their parents are much less likely to become sexually active at an early age and less likely to have teen pregnancy.

Uninsured Motorist in Tennessee

Tennessee law states that an individual living in the state is required to be financially responsible for the damage or injury they could cause in an auto accident. This is called a tort state. In order to drive a car in this state residents are required to show proof of your financial responsibility. The limited amount that a driver can have is call liability. So with all of that being said, if everyone follows the law, why do we have such a topic at hand? Allow me to answer that question, “because everyone does not follow the law.” Uninsured Motorist is a topic rapidly grown in the state of Tennessee. Having dealed with this topic on a personal note, only catalyze my interest. I was involved in an accident in the other party did not have motor insurance. And before you guest, yes I footed the bill. Although I was not a fault, everything was filed to my insurance company. The understanding that I gained stated that my insurance company would personally sue the individual at fault. From a broader perspective all vehicles need proper insurance at all times. As a state, Tennessee should work harder to crack down on individuals who are not following the laws involved in auto insurance. Over next few blogs posted on this topic, I hope to bring new ideas, awareness of the need of insurance, and understanding of the legal side of uninsured motorist.

TEEN PREGNANCY IN MEMPHIS CITY SCHOOLS

Amid local and national coverage, Memphis City School system has another on-going issue that a ray of light has been shown upon…Teenage Pregnancy. Teenage Pregnancy is nothing new in Memphis or probably in any city, but national media coverage has once again brought it to the fore front and made it a priority among the board and city wide leaders. The problem stemmed from a news story which showed Frayser High School as having 90 children pregnant at one time. Although statistical data has not been thoroughly trended, the numbers are unsettling and show a need for plan to be in place. Superintendent Kriner Cash said in a recent news conference that the number is incorrect. He stated that in actuality the girls are in different stages of either being pregnant or have already delivered. He said that because of a program geared towards teens; a lot of students were transferred to Frayser High to receive the needed benefits of that program. Surrounded by City & Shelby County mayors, AC Wharton & Mark Luttrell, Cash said “In MCS, we have an adolescent parenting program that serves 85 to 100 young people; but it’s not big enough. We need a bigger boat.” Superintendent Cash also talked about a few other MCS programs put in place to combat the teen pregnancy problem, including one such that ensures students who are out of school because of giving childbirth, return to school and not fall behind their studies after giving birth. MCS just launched an awareness campaign in conjunction with Girls Incorporated of Memphis called “No Baby”. Shelby County Mayor Mark Luttrell announced that the Shelby County Office of Children & Youth has joined with Memphis City Schools to help tackle the teenage pregnancy problem that has once again plagued the city of Memphis. Le Bonheur Children’s Hospital’s president and CEO, Meri Armour pledged a $4 million dollar federal grant that included boys ages 13 – 18 in a teen pregnancy prevention program. This pilot program will target certain areas in Memphis, beginning with North Memphis. All three entities agree that the problem does not begin nor end in Frayser High School exclusively. They believe that this is a countywide problem. The Urban Child Institute recently published its Data Book 2010 The State of Children in Memphis and Shelby County. In 2002 the birth rate per 1,000 females age 10 to 19 for black females in Shelby County was 38.3 per thousand, but increased dramatically to 62.6 per thousand in 2008, and increase of 63% and for white females in Shelby County, there was a 19% increase over the same period of time, 19.2 per thousand to 22.8 per thousand. In 2010, more than 2,100 girls ages 10 to 19 gave birth in Shelby County. Researchers say Shelby County’s teen pregnancy rate is 25% higher than New Orleans and twice of Louisville, Kentucky. Memphis City School Board Member Tomeka Hart says that the school board needs to reevaluate the sex education curriculum to find out if it is working. “Maybe what we are doing now is not the best way to teach students.” “We have a curriculum in place that seems to be comprehensive but we don’t know if it’s being implemented district wide,” said Martavius Jones, a school board member. The Memphis City School Board members are worried that they really don’t know what is being taught in the “Family Life” curriculum, which is abstinence, based, and has ordered Superintendent Kriner Cash to ensure all MCS teachers are indeed following the current school curriculum while statistical data is being founded and evaluated. The teen pregnancy issue is nothing new in Memphis and Shelby County, however the trend seems to be escalating rather than decreasing or even remaining the same. I think while we are launching programs and educating students about sex and its affects, parental education and involvement is an absolute necessity. Foundational thoughts and truths should be taught at home. We need to make sure that parents are accountable to their kids. I am with the old saying that it takes a village to raise a child. Tonya Davidson

Uninsured Motorist In Tennessee

Uninsured Motorist in Tennessee Uninsured motorist in Tennessee and any other state is a very important need. Everyone should have auto insurance if you own a vehicle. According to a recent Insurance Research Council nationwide study if someone is injured in an automobile accident, the chances are 1 in 7 that the at-faultdriver is uninsured. In Tennessee, the estimate3d percentage of uninsured motorist is 21%. www.tennlawblog.com/dan-berexas-tennessee_law/unsured-motorist-coverage.html There are so many benefits to having uninsured motorist coverage. This coverage is designed to protect a driver in the event that they are in an accident and the other party's insurance policy is not able to cover part or all expenses. Many states do require that you have insurance for your car however it is not mandatory that you have uninsured mototist coverage. In Tennessee, the determination of issues concerning uninsured motyorist coverage is goverened by a combination of statues, law of contracts and common law presedent. The Tennessee Legislature has set out various statues that deal with this type of coverage. See Tenn Codd Ann 56-7-1206. Contract interpretation is required, because technology an insurance polkicy is a contract between the insurer and insured. Generally, Tennessee courts will interpret the policy within the confines of its plain and ordinary meaning, unless there is some proof of fraud or mistake at the time of the creation of the agreement. Because the unsurer drafts the p9olicy, any ambiguity within the policy will be likely held against it. Common law comes to play,l as well because legal issues involving negligence, fault and causation generlly arise in uninsured motorist matters.

Improving Education

Anika Hampton..."Education is the key to success". This motto is something you will hear throughout high school. " Every student college bound" is another motto known throughout schools and is frequently used by principals and staff members. These mottos normally represent goals and values of the schools. The school system is not living up to the parent's expectation. Of course parents have to be concerned about a child's education and also do their part to make this process a success. Unfortunately, According to The Commercial Appeal, May 2010 the school board approved $48.3 million in cuts to what is now an $888 million budget, sparing it to having to close schools and cancel text books order, but forcing it to cut jobs and mandate that every employee take two days of unpaid leave. The biggest saving, $13.8 million, came from cutting staff, staff that interact with families, monior in-school suspension areas and deal with behavior problems. This issue concerns me because how can students suceed academically if the schools are overcrowded and the city is cutting back on teachers. There are many plans in work that will supposedly better schools academically, but how will these plans be successful if the city keeps cutting back. One teacher is only assigned to so many students, which is sometimes still ineffective because that one teacher does not have the ability to meet the individual needs of all the students. I want my son to learn all that he can learn while he is in school. I do not want him to go to college not knowing things like how to write a professional paper. When students are sent off to college, they should be academically ready. Improving education starts within the family structure. It begins with the family's value and expectation of their child. How parents raise their children is vital. Teachers have to be patient with kids when trying to educate them. Some students need one on one interaction and encouragement from both the parent and the teacher. The resources have to be available for students when they need them. No student should have to go to school without school books. Taking baby steps will eventually improve education if everyone works together.

Nashville MPO Scoring Matrix

Background: The federal government gives billions of dollars every year for transportation projects. Each state receives funding for projects within the state and to act as the finance company for some rural areas, counties and local governments. In Tennessee, there are 5 primary markets and several smaller ones. The primary markets are the Tri-city area of eastern Tennessee, Knoxville, Chattanooga, Nashville and Memphis. Each of these area has a Metropolitan Planning Organization or MPO for short. The MPO acts as a broker for the federal funds distributed within its geographic area. As an example, the Nashville Area MPO manages the funding for Sumner, Wilson, Davidson, Rutherford, Williamson and parts of Robertson and Maury Counties. This area includes Nashville, Murfreesboro, Franklin, and several other smaller cities. The Nashville Area MPO also manages funds for several transit agencies such as RTA, MTA and the Franklin Transit Authority. Within the MPO there are two committees. The Technical Coordinating Committee. (TCC) and the Executive Committee. The TCC is made up by a single staff member from each member community. The Executive Committee is usually the Mayor, or a designee of the highest ranking elected official from each member agency. Every five years the member communities served by the MPO come together and submit transportation projects to the MPO that will span the next 25 years. In 2010 the Nashville Area MPO request projects for the 2035 Regional Tranportation Plan. (RTP) This RTP indicates all the major roadway, transit, Intelligent Transportation Systems (ITS) project as well as greenways, bike paths and sidewalks in which a member agency would like to receive funding. The projects are divided into near, medium and long term projects are are assigned, in the 2035 RTP, a 2015 Horizon year for the near term projects and a 2035 Horizon year for the long term projects. This indicates the year we members anticipate engineering and construction are planned. Once a project is accepted onto the RTP it waits for funding to become available in a Transportation Improvement Program (TIP) TIPs run for three fiscal years and are limited in what they provide funding for. Most project must have what is called a local match. Typically funding is allocated at a 80/20 ratio, with the federal part at 80% and the local match at 20%. This indicates a commitment to the success of the project. Those agencies that can meet the local match then get onto a short list to be prioritized. The MPO then prioritizes the projects based on a scoring matrix that includes as one of the criterion “Local Agency's Highest Priority Project.” Others include specific design of the roadway and whether it includes ITS, transit stops, bike lanes and sidewalks along with many others. The Concern: My concern is that I am the TCC member for the City of Franklin, TN. I have served on the MPO's TCC since 2006 and I drafted a list of projects for the 2035 RTP that totaled $565,000,000.00. Now, in all fairness the Tennessee Department of Transportation was going to manage just about half of that total, but we have asked for nearly $290,000,000 in projects over the next 25 years. Most significant in the list I submitted was the completion of State Route 397 or Mack Hatcher Memorial Parkway in Franklin. The problem is that although it is Franklin's Highest Priority project, it does not score well in the scoring matrix. Franklin's population and commercial interests have blossomed in the past 5 years. New employment centers such as Nissan World Headquarters and Verizon Wireless have brought nearly 5,000 additional jobs to Franklin. The need for the roadway has been established over the past 10 years but some of the scoring is tilted towards established corridors rather than new roadways. Why?: The 3 sections of this roadway are crucial to the traffic congestion management for the City which also effects air quality and peak travel time excesses that help place Nashville as the #1 City in the country for the longest peak travel time. Intended Outcomes: It is my intent to have a higher score associated with multiple agencies in support of a project. The vary nature of the MPO promotes a regional approach to project implementation. Cooperative efforts between member agencies epitomizes that intent. The best outcome would be a revamp of the scoring matrix, lesser successes could be an improvement in the scoring matrix for regional coordination.

The EEOC Handling of Complaints of Racial Discrimination

As an African American who has repeatedly been subjected to disparate treatment in employment situations because of my race, I have grave concerns regarding the handling of complaints of racial discrimination by the Equal Employment Opportunities Commission (EEOC), and I would like to see their processes improved. The areas of employment that are allegedly protected by the EEOC from racial discrimination (as well as other types of discrimination identified in Title VII of the Civil Rights Act of 1964) are delineated at the EEOC website at http://www.eeoc.gov/facts/fs-race.html. They include recruitment, hiring, advancement, compensation, terms and conditions of employment, privileges, harassment, retaliation, segregation of employees, and pre-employment inquiries and requirements. Although the Commission appears to have far-reaching regulatory authority, their investigative and enforcement practices have done little or nothing to deter employment discrimination. Unfortunately, the process they delineated on their website for handling complaints brought to them by individuals (which can be found at http://www.eeoc.gov/employees/process.cfm) is not the reality of what typically happens with EEOC. Here they allege that “How [they] investigate a charge depends on the facts of the case and the kinds of information [they] need to gather. In some cases, [they] visit the employer to hold interviews and gather documents. In other cases, [they] interview witnesses over the phone and ask for documents by mail.” What they fail to mention is that the majority of their investigations appear to take the following course: they have the complainant come to their office to file a written complaint; the complainant tells an EEOC staff person their entire horrible story of racial discrimination on the job and presents them with written documentation to support some, if not all, of their assertions against the employer; the EEOC staff person prepares a shorthand version of the complaint (usually leaving out critical details that provide a legal basis for a complaint of discrimination), convinces the complainant that all of the details are not important at that juncture, and then gets the complainant to sign the ridiculously abbreviated version of their complaint; an EEOC staff person contacts the employer to inform him that a complaint has been filed against him and requests that he respond; they frequently give him numerous extensions of time in which to respond, because the employer indicates that he is too busy to respond within the original timeframe allowed; when the employer finally responds and indicates he did nothing wrong, the EEOC staff person makes a determination that they cannot prove discrimination, the case is closed, and the complainant is issued a Right to Sue Letter, giving him/her permission to hire an attorney and handle it on their own. What a joke! I am not the only person to whom this has happened. Practically everyone I have spoken with has indicated that they received the same shoddy treatment. There is never any evidence that EEOC actually conducted an investigation unless, of course, you happen to be part of a high profile case over which they think they can garner some media attention and a few “atta boys” for doing their job. Although there are no accurate statistics to prove how many legitimate complaints of racial discrimination are taken to the EEOC every year and subsequently dismissed at the employer’s request and/or insistence without an actual investigation, there are statistics that would lead a reasonable person to conclude that the number is high. According to the law blog at http://blogs.wsj.com/law/2011/01/12/good-news-for-employment-lawyers-bias-claims-way-up/, Melanie Trottman, from The Wall Street Journal, reported for fiscal year 2010 that “The number of charges filed with the EEOC rose to nearly 100,000, up 7% from the year-earlier period and 21% from fiscal 2007.” That same site indicates that “Michael Burkhardt, a partner at Morgan Lewis & Bockius in Philadelphia, noted that the percentage of charges determined to have a reasonable cause has hovered around 5% for the past several years." That same site also quotes EEOC spokeswoman, Justine Lisser as saying that “retaliation is easier to prove” than discrimination. Although all of the discrimination cases filed were probably not racial discrimination complaints, I think it would be reasonable to conclude that most of them were. If EEOC is only there to take on the easy cases, then most racial minorities who are the object of employment discrimination will simply be on their own. I would like to see that scenario change, and I would like to see EEOC provide equal representation to all employees who come to them with legitimate complaints. That can be accomplished through actual investigations as opposed to cursory reviews. Further, their website (http://www.eeoc.gov/employees/process.cfm) appears to have actually been designed to give them "wiggle room" to do nothing about these complaints. They have a section entitled “Possible Action After Investigation Completed” in which they indicate that if they don’t find a violation, they will send the complainant a Notice-of-Right-to-Sue. Then, they claim that if they find a violation, they will attempt to get the employer to agree to a settlement. However, if they cannot reach a settlement, they might still decide not to file a lawsuit and put the burden of pursuing the employer right back in the hands of the complainant. To me, that appears to be dereliction of duty. Since it is the duty of EEOC to regulate and enforce Title VII, why do they even have the option of declining to prosecute a case in which they find a violation of the law? There will always be members of the racial majority that dismiss claims of racial discrimination by Blacks by contending that Blacks are simply “playing the race card.” and that there is no legitimate basis for a complaint. To that, I respectfully respond that each complaint needs to be judged on its own merits as opposed to generalizing. After all, it is precisely that type of “generalizing” by the majority that actually leads to discrimination in the first place. EEOC’s lack of consistency in enforcement of the laws against racial discrimination has created an atmosphere of fear, frustration and defeatism among the African American community. It has also created an atmosphere of arrogance and entitlement by employers, where they feel empowered to discriminate against racial minorities to the point of repeat instances of different terms and conditions, disparity in pay based on race, unlawful terminations and even constructive discharge (making the working situation so intolerable that the employee actually resigns). If this country is ever to reach a level of true equality, it is clear that organizations such as the EEOC need to lead the way by demonstrating through enforcement that disparate treatment and anything less than equality is unacceptable.