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Download the Report here:

[easy_media_download url=https://justiceforallvt.org/wp-content/uploads/2018/03/Racial-Disparities-in-the-Criminal-and-Juvenile-Justice-System-Advisory-Panel-Report-Act-54-ver-Final.pdf target=”_blank” color=”blue_four”]

A report was released by the former Chair and Vice Chair of the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel on March 2nd, 2018. This is an open letter exchange with the former Chairs and Partners for Fairness and Diversity.

March 9, 2018

An Open Letter in response to:

An Open From Partners For Fairness and Diversity to Vermont’s Social/Racial Justice Activists and Act 54 Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel Members Regarding the Act 54 Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel Report

Mr. Reed

We do not acknowledge any authority that you seem to think that you possess whereby we should even dignify this letter.  It is only as a courtesy to you  and everyone included in the email you sent, I offer this review of the process.

The report, as discussed with Office of the Attorney General prior to its release, is the report of the Chair and Vice Chair of the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel.  Those who have read the report will understand that this was by design.

This was done after investing countless (unpaid) hours into this work including education and engagement with the statewide community, committee work, panel meetings and individual consultation with stakeholders.   In preparing to release the report, we began receiving pushback from the panel. At that point we invited all panel members to submit their contributions, concerns and additions in order for us to incorporate them into the final report. A few members of the panel actually honored that request.  We modified the process when it became clear that unless we stepped outside of this systemically racist process, it would just be more of the same.  It is not the responsibility of the community of color to pander after the trust of those who have political and economic power.  History has taught us that this does not move us forward. We are unapologetic in our decision.

We are not surprised but once again disappointed that Mr. Reed has emerged to be the only person of color to speak out about this report in this manner.   As he has derailed numerous efforts lead by people of color in the past, stood in the way of the creation of Act 54 and currently serves as an obstacle to S.281, he has proven once again that he does not represent the people of color of this state.  We can only assume that it is likely because his lucrative contracts with the state (including post academy anti-bias training of state troopers) that he consistently chooses such path. Being clear, this adversely reflects upon the system that employs him more so than anything.

We have no intention of entertaining Mr. Reed’s ridiculous suggestion that we should somehow un-ring this bell by withdrawing the report as submitted.   We will be discussing the report at our regularly scheduled meeting on Tuesday at 6:00 PM, at the Sally Fox Conference Center.   For those in the community who are interested in hearing more on the report and engaging in what is sure to be lively discussions, there will be a community meeting at the Unitarian Church in Montpelier at 6:00 PM on Sunday (3/11) evening as well as at Channel 17, (294 N. Winooski Ave) in Burlington on Monday (3/12), at 6:00 PM.  Additional community meetings will follow.

Mr. Reed, If you have any additional concerns in moving forward, please feel free to reach out to us first, instead of resorting to these types of divisive approaches.

Christine Longmore
Constitutional Council of Accountability
with Law Enforcement Officials

Mark Hughes
ED, Justice For All
Racial Justice Reform Coalition,
Founding Organization

09 March 2018

An Open Letter to Vermont’s Social/Racial Justice Activists and Act 54 Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel Members Regarding the Act 54 Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel Report

Dear Social/Racial Justice Activists,

The manner of the release of the Act 54 Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel (Panel) Report by Ms. Longmore of CCALEO-VTand Mr. Hughes of Justice for All causes us great concern. Without regard to the content of the report, we are greatly concerned with the breach of democratic practice and principles.

Our understanding is that the recommendations in the report were neither debated nor voted on by the entire Panel in spite of repeated requests by Panel members. In fact the majority of Panel members voiced to the Office of the Attorney General their frustration with the lack of transparent process.

Two such dissenters, Matthew F. Valerio, Defender General and Rebecca Turner, the Defender General’s Designee to the Panel wrote, “We do not support the report because it fails to incorporate the input of the Panel’s members and it has never been subject to a vote of approval in direct contravention to the requirements of 3 V.S.A. $ 168(e): Neither have the recommendations contained in the report been reviewed to confirm they are consistent with the Panel’s statutory mandate or compatible with other laws passed by the Legislature.”

An e-mail from the Commissioner of the Department of Public Safety, Thomas Anderson, to Attorney General TJ Donovan, Speaker Mitzi Johnson and President Pro Tempore Tim Ash, states, “The report submitted today by Ms. Longmore and Mr. Hughes ostensibly on behalf of the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel (Panel) does not represent the views, positions or recommendations of the Department of Public Safety or the consensus of the Panel established under Act 54,” and “I would request that any public dissemination of this document by the General Assembly include this email.”

Our democracy thrives best when ideas are debated in the public square and recommendations for further action, as well as the indicators and means by which progress is measured, are jointly agreed upon. The manner with which the report was issued severely erodes democratic practice and the good faith efforts of Panel members with differing viewpoints to work collaboratively. The Vermont legislature created the Panel with the explicit expectation that proposed recommendations be debated and voted on by Panel members consistent with the Panel’s statutory mandate.

When Ms. Longmore and Mr. Hughes, as representatives of the social/racial justice movement, willfully ignore or hijack democratic principles and practices all of us in the movement suffer because leadership in the institutions we seek to change look upon us collectively with greater suspicion and distrust.

Of note, Ms. Longmore and Mr. Hughes cite reports issued by the Vermont Advisory Committee to the United States Commission on Civil Rights in 1999 and 2003 regarding racial discrimination in Vermont schools and in 2009 regarding racial profiling by law enforcement. As a member and Chair of the Advisory Committee for the two most recent reports I can attest to the fact that we did not abandon basic democratic principles and practices—debate was robust, points of view often divergent, and faith in ourselves abundant in the crafting and approval of recommendations. We at Vermont Partnership for Fairness & Diversity expect nothing less from the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel.

For these reasons we request by copy of this communiqué to Ms. Longmore and Mr. Hughes that they withdraw their Act 54 Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel Report and resume work within the context of established democratic practice and principles. This would include an open debate to build consensus towards and vote by all Panel members on a series of recommendations to mitigate systemic racism.

In partnership,

Curtiss Reed, Jr.
Executive Director
Vermont Partnership for Fairness & Diversity

3 V.S.A. § 168 established the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel in the Office of the Attorney General.  This report was provided to the Attorney General, the Human Rights Commission Executive Director, the House Speaker and the President Pro Tempe.

You can download the report, released 2 March, 2018 here.

[easy_media_download url=https://justiceforallvt.org/wp-content/uploads/2018/03/Racial-Disparities-in-the-Criminal-and-Juvenile-Justice-System-Advisory-Panel-Report-Act-54-ver-Final.pdf target=”_blank” color=”blue_four”]

Did you know that Governor Douglas signed a Proclamation in in 2008, announcing Juneteenth as an official holiday in Vermont (third Saturday of June). Most people don’t. Ironically (you’ll understand soon) the message never made it to us this year.

Juneteenth is one of the oldest African American holidays and commemorates the celebration that happened the day that the slaves of Texas were notified of their freedom. This announcement came about two and-a-half years after the Emancipation Proclamation took effect. There are numerous theories and stories as to why it would have taken so long for for the word of freedom to be delivered to the slaves of Texas.  They range from the murder of a messenger to the nefarious intents of the slave owners. Whatever the reason, it is clear that some benefitted while others suffered because incredibly critical information never made it to those who needed and it most.  Vermont Juneteenth Day came and went on June 16^th, with no governmental acknowledgement. No message, no press release, no blog. Nothing.  Do you see the irony yet?

Did you know that Vermont was actually NOT the first state to abolish slavery and the language permitting slavery still exists in the first Article of the Vermont Constitution? Did you know that the Senate refused to consider a resolution, urging the 2019 Senate to initiate an amendment to remove slavery from the Constitution? The Senate did however take up a similar resolution, urging the 2019 Senate to take up an ERA Constitutional Amendment.  Did you know that this past session, for the first time in history the Vermont House of Representatives introduced a resolution urging the 2019 Senate to remove all language authorizing slavery or indentured servitude from the Vermont Constitution? The House Government Operations Committee never took it up.  Constitutionalized slavery undergirds the exploitation of inmates for the purposes of political or economic gain.  Did you know that Vermont is currently exploiting inmates through the use of a program called Vermont Correctional Industries?

Did you know that the Governor vetoed the Systemic Racism Mitigation Bill (S.281) because of his concerns that he would not be able to unilaterally dismiss the Director?  Did you know that the attorneys in our nonpartisan Legislative Council produced a decision that S.281 was indeed constitutional? Did you know that the Executive Order (18-04) that the Governor released in lieu of the bill actually undermines any ability to address systemic racism? Did you know that S.5, a second version on the Systemic Racism Mitigation bill (omitting termination language) passed both chambers of the legislature and it is headed to the Governor? Systemic racism creates racial disparities in the criminal justice system, education, housing, employment, health services and economic development. In fact systemic racism is at the root of the immigration policy that is separating children from their parents at the borders of this nation today!

Just as the message failed to make it to Texas, so too is the message failing to make it to us, here is Vermont. The same truth exists today that for whatever the reason, it is clear that some benefit while others sufferer because incredibly critical information is not making it to those who need it most.

Mark Hughes
Ed, Justice For All

1. Please pass this to your network and ask them to take action
2. Call the Governor’s office and express your support for S.5 (802.828.3333)
3. Write the Governor’s office and ask him to rescind Executive Order 18-04 and sign S.5 
4. Write an Op Ed or Opinion piece for your local papers (nobody is covering it)
5. Post this and updates on social media

On Monday, you may have joined the Vermont Poor People’s Campaign: A National Call for Moral Revival to launch the largest wave of nonviolent in civil disobedience in US history. This action kicked off our our six-week season of nonviolent direct action in Vermont!

For the first week, we focused on child poverty, women in poverty and people with disabilities. Monday’s actions come as the Trump administration pushes work requirements for SNAP recipients and seeks to cut $7 billion from a child healthcare program.

If you missed week one, you can catch some of the fantastic local and national news coverage!

MyNBC5

WCAX

Huffington Post

We’ve stepped out across the nation, and we are just getting started.

Our theme next week (May 20-26) is Linking Systemic Racism and Poverty: Voting Rights, Immigration, Xenophobia, Islamophobia, and the Mistreatment of Indigenous Communities. RSVP here.

This is an important issue for anyone who cares that almost half—23 states—have adopted some form of voter suppression law since 2010; that deportations have increased tenfold between 1976 and 2015; or that Native Americans and Alaska Natives have the highest poverty rate of any racial group.

If you RSVP to Week Two’s rally, we’ll send you a reminder email ahead of time and give you instructions on when and where to show up.

Here are some important links for this week activities:

May 20th Training Facebook Event

May 20th Training Registration

May 21st Rally Facebook Event

May21st Action Registration

Please connect with and share these links out with your network, we need your help to take the good news of this campaign to every corner of the state! Keep up the amazing work.

Each week in Washington, DC there will be events live streamed across the nation. All events will be live streamed from the PPC: NCMR Facebook Page. We will also be hosting them locally and encourage you to do the same. 

Here are the recurring weekly activities that will be happening throughout the 40 days of Nonviolent Moral Fusion Direct Action:

On Monday, May 14th, the Vermont Poor People’s Campaign: A National Call for Moral Revival will launch a season of nonviolent moral fusion direct action in Vermont, and we need you to join us. In communities across America—black, white, brown and Native—we have built a Poor People’s Campaign to become what Rev. Dr. Martin Luther King Jr. called “a new and unsettling force in our complacent national life.” 

The Poor People’s Campaign: A National Call for Moral Revival will force a serious national examination of the enmeshed evils of systemic racism, systemic poverty, ecological devastation, the war economy and our distorted moral narrative.  Through these highly publicized, non-violent moral fusion direct actions, the Campaign will begin the process of changing a badly distorted national moral narrative while forcing a serious conversation about poverty and a national examination of the enmeshed evils of systemic racism, systemic poverty, ecological devastation and the war economy.

Listed below are the upcoming events, activities and training leading up to the 40 day season of Nonviolent Moral Fusion Direct Action (NVMFDA). Please keep in mind that EVERYONE actively participating in any civil disobedience associated with the Poor People’s Campaign: A National Call For Moral Revival MUST attend a Sunday NVMFDA (Part II), at a minimum.

NVMFDA Training on May 12th in St. Johnsbury
NVMFDA (Part II) Training at Episcopal Church in Barre on May 13^th at 5:00 PM
Grounding and Staging at Christ Church in Montpelier on May 14^th at 10:00 AM
Rally (Somebody’s Hurting Our People) Statehouse on May 14^th at 2:00 PM
Direct Action at the Statehouse on May 14^th at 3:00 PM

Each week in Washington, DC there will be events live streamed across the nation. All events will be live streamed from the PPC: NCMR Facebook Page. 

Here are the recurring weekly activities that will be happening throughout the 40 days of Nonviolent Moral Fusion Direct Action:
Sundays:             5:00 PM Nonviolent Moral Fusion Direct Action Training at Church of the Good Shepherd, Barre
Mass Meeting Livestream – 6:00 p.m. to 7:30 p.m. EDT
Mondays:            10:00 am centering and logistics, Christ Church, Montpelier
2:00 PM Rally at the Statehouse
3:00 Action at Statehouse
Tuesdays:           Truthful Tuesday Teach-Ins Livestream – 7:30 p.m. to 9:00 p.m. EDT
Further exploration by thought leaders, moral leaders and impacted leaders in a nationally broadcast teach-in.
Thursdays:          Thursday Justice Jam Nights Livestream – 7:30 p.m. to 8:30 p.m. EDT
Power-packed hour of justice music and spoken word!

Weekly Themes: 

• Week One (May 13-19) – SOMEBODY’S HURTING OUR PEOPLE: Children, Women, and People with Disabilities in Poverty
•  Week Two (May 20-26) – LINKING SYSTEMIC RACISM AND POVERTY: Voting Rights, Immigration, Xenophobia, Islamophobia, and the Mistreatment of Indigenous Communities
• Week Three (May 27-June 2) – THE WAR ECONOMY: Militarism and the Proliferation of Gun Violence (Action will take place on Tuesday rather than on Memorial day)
• Week Four (June 3-9) – THE RIGHT TO HEALTH AND A HEALTHY PLANET: Ecological Devastation and Health Care
• Week Five (June 10-16) – EVERYBODY’S GOT THE RIGHT TO LIVE: Education, Living Wage Jobs, Income, Housing
•  Week Six (June 17-22) – A NEW AND UNSETTLING FORCE: Confronting the Distorted Moral Narrative

Don’t forget our monthly General Meeting (every third Thursday) at the Unitarian Church, in Montpelier.

As you consider where you are investing in social justice issues, remember the racial referendum that we just experienced in our national election. Consider donating to Justice For All, an organically grown, Vermont-based racial justice organization that has been here doing the work over the past four of years.

Please help us with your membership, provide organizational support or simply provide a contribution. Help us continue this work in Vermont.

Respectfully,

Mark Hughes,
ED, Justice For All

Madam Chair and members of the Committee,

I am shocked at the sweeping changes that have essentially rendered the Systemic Racism Mitigation Bill as pointless.  Much attention has been given to the removal of the independent nature and subpoena authority of the Director.  Though these actions concern me personally, there are other decisions that you have proposed that further threaten hopes that this legislation will create a true chance to affect positive change.

Defunding the Director and Panel (HRS Internal Service Surcharge approved by Senate Appropriations) and removing the required administrative  and technical support makes this entire endeavor a nonstarter.  Another critical judgement error is placing the Director as a liaison between the Executive branch and the Human Rights Council.  By their very nature, the HRC should NEVER by required to do their work through a liaison to any agency.

Finally, it deserves clarification that the intention of this role has always primarily been data collection to identify data points to measure progress, not to “point out to state agencies what they are doing wrong”.  It is disappointing to communities of color to see representatives of the political and economic power structure pushing back on this plan to address systemic racism with a narrative of an explicit racism which hunt.  The direction that this legislation is headed is sideways and I hope that the committee can demonstrate the leadership and political and moral will to get it right.

Respectfully,

Mark A. Hughes,

ED, Justice For All

House Gov Ops Proposed Strike All Amendment:  

1. Eliminates the independent nature of the role (reports to Governor).
2. Insulates the Governor’s Cabinet from the Vermont Human Rights Commission by mandating that the Director as a liaison between them.
3. Removes responsibility of collection and oversight of statewide race data.
4. Eliminates legal, administrative or technical support for the Director
5. Eliminates the Subpoena Authority of the Director
6. Defunds the Racial Equity Advisory Panel and Director by eliminating the HRS Internal Service Surcharge approved by Senate Appropriations.
7. Creates a second redundant Panel (Racial Justice Advisory Panel) with NO appointment criteria to create the job description and submission of short list candidate list to the Governor.
8. Calls for Panel submission of candidate recommendations to Governor at the same time as the deadline for Panel seating

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April 17, 2018

Mr President Pro Tempe, Peter, et. all,This inquiry went out over a month ago and I have not received a direct response, though I’ve been told that it is now “late in the session” and there a too many other things on your plates. I asked Senator Ingram to look into this and among other reasons she is  telling me that this resolution would not be taken up this session. Some indirect responses seem to suggest the assumption that we don’t understand the constitutional amendment process. We understand the constitutional amendment process. Other Senators have avoided this discussion by speaking about the 2019 Biennium as if somehow they have little chance of being a part of it (unlikely). Not to be overly critical but it seems that someone ought to be asking why there has NEVER been a proposal of a constitutional amendment, removing slavery (though there has been an ERA proposal which was not ratified because it was voted down when it reached the state ballot.). I think we all understand that you all take an oath to the constitution every time they are sworn in.

I am hearing (also indirectly) that the reason why some senators think that this is a bad idea is that “it won’t bind the 2019 senate”. We have no intention on binding a future senate. We do however want the existing seated senate to go on record on this issue, given the fact that in all likelihood most all of them will return. It is for this reason that I disagree with some senators comments that this will “bring nothing to the discussion”. In fact, I believe that it WILL START THE DISCUSSION in the midst of our continued false narrative that Vermont was the first state to abolish slavery!

Senator White represents Windsor, the home of Stephen Jacobs who was on the Council of Censors, States Attorney, County Judge, United States District Attorney, Member of Governors Council and State Supreme Court Judge while owning at least one slave in Vermont (Dinah White). They don’t teach that in school here. Let’s not compartmentalize this because then we’ll forget the importance of S.281, a bill to mitigate systemic racism in Vermont. To not understand the history of Dinah also distracts us form the conversations of patriarchy, poverty and disability.

I am having a hard time with the fact that 1) language stating the position of intent to clarify reference to slavery in the constitution has been in the VDP Platform since 2016 (before the election), and 2) you have already passed a resolution requesting an action of the 2019 Senate [ERA Amendment]. With something as important as this, It troubles me that in a time like THIS, that our VDP senate majority would not take up a resolution to urge the 2019 senate to amend the constitution to eliminate slavery.

Are we really waiting for another election cycle to pass?

Mark Hughes,
ED, Justice For All

Download the report here:
[easy_media_download url=https://justiceforallvt.org/wp-content/uploads/2018/03/A-Deeper-Dive-into-Racial-Disparities-in-Policing-in-Vermont_3.26_final.pdf target=”_blank” color=”blue_four”]

A reported, released 26 March, 2018 revisited the “Driving While Black” report released by Professors Seguino and Brooks last year.  This report provided further analysis including regression testing to address concerns expressed by law enforcement over the past year.  The conclusion of this report is provided below:

“Vermont has embarked on a long-term project of using data to expand awareness of traffic policing and race. Because traffic stops are the most frequent interaction people have with the police, combined with the large number of traffic stops in any given year, data on stops can be a useful tool for understanding the extent of racial disparities in these interactions. They are, in other words, a way of holding up a mirror to ourselves.

Though data often and usually are imperfect, that does not preclude their usefulness. In this report, we have discussed an array of concerns with traffic stop data quality, many of which have been shared with us by police. Efforts to improve data quality are important and should continue to be pursued. It is clear that there are a number of agencies pursuing that goal. In the interim, however, the data we do have are useful at gauging racial disparities in policing and give no evidence of being so systematically flawed that they are unusable.

In this report, we provide details on a statistical analysis that controls for other factors that may influence the probability of being searched or of contraband being found during a search. Those results demonstrate that while other factors also contribute to the likelihood of either of those outcomes, racial disparities continue to exist when those factors are controlled for. In particular, Black and Hispanic drivers in Vermont are substantially more likely to be searched than White or Asian drivers, and are less likely to be found with contraband. The levels of disparity indicated by the logistic regressions are very similar to the search and hit rate ratios in our original 2017 study. The use of more rigorous statistical techniques therefore does not alter the nature of our 2017 findings.

These disparities should be of great concern to law enforcement agencies, communities, and legislators. While the disparities in no way suggest that agencies are intentionally profiling people of color, they do indicate the necessity for law enforcement to be selfreflective about their policing practices and to interrogate the role of implicit bias in decision-making. Research shows that implicit racial bias is evident in numerous domains, not just policing. As its name suggests, it is often unconscious rather than intentional. Several agencies have planned or are planning implicit bias trainings, a positive step to work toward fair and unbiased policing in Vermont. The Vermont State 24 Police has gone beyond this to rigorously examine a wide array of practices, procedures, and policies to ensure fair and impartial policing at every level.

Finally, with regard to the descriptive analysis of 2016 VSP contraband, it is instructive that for searches turning up heroin, cocaine, and opioids, drugs that are so much in the Vermont news of late, only White drivers were found with such contraband. There may be other aspects of drug trafficking in Vermont not reflected in these data. But the data tell us that in terms of discretionary searches in the course of traffic policing, the stereotype, held by society as a whole, that people of color are more likely to be drug traffickers is erroneous.”

Download the report here:
[easy_media_download url=https://justiceforallvt.org/wp-content/uploads/2018/03/A-Deeper-Dive-into-Racial-Disparities-in-Policing-in-Vermont_3.26_final.pdf target=”_blank” color=”blue_four”]

The ultimate measure of a man is not where he stands in moments of convenience, but where he stands in moments of challenge, moments of great crisis and controversy. And this is where I choose to cast my lot today.

― Martin Luther King Jr., To Charter our Course for Our Future”

All,

If there is any hope that the systemic racism mitigation bill (S.281) passes this year, it MUST come out of Senate Appropriations funded NOW.
Appropriations cross-over is on Friday, 16 March. Here is how YOU CAN HELP:

1. Please pass this call to action to EVERYONE on your mailing list.
2. Call the Statehouse and leave a message for Senators, Kitchel, Nitka, Sears, Starr, McCormack, Ashe, Westman and Balint with S.281 in the subject line, asking that the committee to “immediately fund and pass S.281 out of Senate Appropriations Committee.” Also ask YOUR Senator to vote S.281 out of the Full Senate by Friday, 16 March.  Call 828.2228
3. Please send an email to this address vermont-senate-appropriations@googlegroups.com, requesting that they “immediately fund and pass S.281 out of Senate Appropriations Committee.” Make sure that S.281 is in the subject line.
4. Email your Senator and Ask them to Vote S.281 Out of the full Senate by Friday, 16 March.  Find your Senator’s email address here:  https://legislature.vermont.gov/people/all/2018/Senate

Here is the bill as voted out of senate Senate Government Operations. Here is the Coalition systemic racism research document and again the  Q&A to verse you in the bill background and details