What Will They Do With Mr. Snow Now?

** Update: 1/3/08 – In reading the print version of the story in this morning’s Winston-Salem Journal I found more information that wasn’t in the early edition of the story on their website yesterday.  Apparently there’s a very real possibility that Mr. Snow will be returned to the classroom according to schools Superintendent Don Martin.  (I also might have missed it my reading of the earlier version, but I don’t think so).  Either way I think that’s great news.**

Lewisville science teacher Alan Snow was accused of improprieties twice last school year.  The first accusations were leveled in October, 2006 and he was suspended for a couple of months before being cleared and returned to work in early 2007.  Then just weeks before the end of school he was accused again in May, 2007 and suspended on June 1.  By law the suspension could only last 90-days (see August 19, 2007 article) so the school system had to either return him to work or let him go.  The risk in letting him go was that if he was cleared of charges then he could sue the school system for wrongful termination, and the risk in returning him to work was that if the allegations were substantiated then the school system would have some very upset parents who would accuse the school system of putting their children at risk unnecessarily. The school system’s solution was to give him a job as a kind of floating advisor within the school system, a job that they assured parents would limit his exposure to students.

Today the Winston-Salem Journal is reporting that 22nd District DA Garry Frank is not going to charge Mr. Snow with anything and the case will be closed due to insufficient evidence to prosecute Mr. Snow.  In September Mr. Frank was asked by Forsyth County DA Tom Keith to take over the investigation.

I think there are a few questions that need to be addressed by the school system:

  1. Will Mr. Snow be allowed to return to teaching?  If not, then they need to explain why a person who has been accused of something yet has not been proven to have done anything wrong can be denied the furtherance of his career.  Sure he still has his job, but that’s like saying that an executive at a Fortune 500 company still has a job after being involuntarily transferred to the mail room.  He might still have a job but he’s lost his career.
  2. What kind of procedure, if any, is the school system going to implement to better protect teachers and other staff from false allegations while keeping the children’s safety a priority?
  3. Is the school system going to investigate those that accused Mr. Snow?  Some have said that the first allegations against Mr. Snow were made by teachers who didn’t like him.  Were they investigated or censured in any way?  If the accusations were made by fellow teachers shouldn’t their names also be made public?  Why should they be protected by anonymity?  Obviously if allegations were made by children they should remain anonymous.
  4. Is there anything the school system can do to speed up the investigation process?  For those keeping score Mr. Snow has had to wait about 7 months to be cleared of these latest allegations. My understanding is that the school system turns these investigations over to the sheriff/DA and
    then waits for results before proceeding with their own
    investigations.  The sheriff says that his office has higher
    priorities like investigating murders.  The result is that the teacher being
    investigated is in the horrible position of being publicly accused of
    something that is only vaguely hinted at, knowing full well that
    everyone in the community is assuming the worst, and with no recourse
    other than to wait to be charged or cleared.
  5. Why do they not detail the allegations publicly?  I suspect they think they are protecting the rights of the teacher and the accuser, but I think that they do more harm than good.  If the details aren’t provided then the public is naturally going to assume the worst.  On the other hand maybe it is a good idea to leave the details out, but do they or can they allow the accused to opt for the release of the details?  At least that way if the person is accused of cursing out a student rather than touching them inappropriately he can get that information out there so no one looks at him as a child molester when he goes to the grocery store. Since the accuser’s name is not provided at all there’s no risk to that person either way.

For some background here’s links to articles in the Winston-Salem Journal and items on this blog about Mr. Snow’s charges:

Winston-Salem Journal
10/31/2006 – Lewisville Science Teacher, Principal Suspended with Pay
12/14/2006 -School Misconduct Probe Ongoing
12/30/2006 – Principal of Lewisville Elementary to Return After 2-Month Suspension
1/17/2007 – Parent Confronts Board About Plans for Teacher
1/18/2007 – Suspended Lewisville Teacher to Return to Work
6/1/2007 – Teacher Suspended for Second Time
8/30/2007 – Suspended Teacher Gets Transfer to Non-Classroom Job
1/2/2008 – Suspended Lewisville Teacher Will Not Be Charged With Crime

Blog
10/31/2006 – Trouble at School
1/17/2007 – Different Trouble at School
6/4/2007 – More on Lewisville Teacher Alan Snow
6/29/2007 – More Fallout from the Mr. Snow Situation at Lewisville Elementary?
8/31/2007 – Mr. Snow Back at Work, but Not at Lewisville Elementary

links for 2008-01-02

The Year in Review – Evergreen Version

The year that was.  Lots of people were born, lots of people died.  Lots of people did some really smart things, lots of people did some really stupid things. Somewhere there was too much rain, somewhere there was drought.  Some world leaders acted like assholes, and others acted even assholier. Some people complained about the weather, and others just complained. Some people starved, others were gluttonous. Some people fought, others loved each other and most did both. The earth orbited the sun once, the sun didn’t notice and now we start over.

Merry Christmas You Capitalist Pig

From Boing Boing:

A man bought an iPod from a Wal-Mart. It was a Christmas gift for his
daughter. When she opened it, it didn’t contain an iPod. It contained a
note, set in ransom-letter type, that read:

"Reclaim your mind from the media’s shackles. Read a book and
resurect [sic] yourself. To claim your capitalistic garbage go to your
nearest Apple store."

Jay Ellis, the girls father, returned the iPod to the Germantown, Md.
Wal-Mart store where he purchased it. The store manger told him that
another customer returned an iPod with a similar issue.

Tucker Carlson?

The last time I paid any attention to Tucker Carlson he was getting his butt verbally kicked by Jon Stewart on the now defunct Crossfire. Heck, that butt whipping probably contributed greatly to the defuncting of Crossfire in 2005.

Carlson landed at MSNBC later in 2005 and hadn’t done anything there to change my opinion that he was pretty much a hack.  Then Lex pointed to Carlson’s Pimp My Ride piece in The New Republic and I have to say that the guy can write. This is literally the only political piece I’ve enjoyed reading in at least a year.

links for 2007-12-29

Assistant City Attorney for Winston-Salem Arrested for DUI

**Update: 1/3/08 – The Winston-Salem Journal is reporting that Blair Carr has been suspended pending termination due to the DWI investigation.  They are also reporting that her blood alcohol level was .28 or more than three times the legal limit and she had an open container of alcohol in her car.  She has five days to appeal before she’s terminated.  I’m still not sure why the paper or WXII didn’t run with this story before the city’s announcement, especially after The Troublemaker broke it.  Maybe they couldn’t get the confirmations they needed in order to run the details like the blood alcohol level, but since arrests are public record and her court date was even listed online I would imagine that they could have run a story about Mary Blair Carr being charged with DUI.  Maybe my idea of a local story is skewed.**

According to Ben "The Troublemaker" Holder an assistant city attorney for Winston-Salem was arrested for DUI on Reynolda Road on December 22 21.  Mary Blair Carr’s court date is set for January 22, 2008.  According to Ben’s post she blew a .27 on the breathalyzer, which if true means she was virtually swimming home.

Ben has done a lot of work looking into the ongoing issues with the Greensboro Police Department (a story so complex I couldn’t begin to summarize it here) and before coming to Winston-Salem in March, 07 Ms. Carr was a city attorney in Greensboro who worked on that investigation.  Apparently she worked directly with RMA Associates on its investigation of the Greensboro PD and it’s interesting that RMA was recently chosen by Winston-Salem for its investigation of its own police department’s criminal investigation unit. 

According to the article announcing Ms. Carr’s move to Winston she was to work on issues related to storm water, solid waste and the coliseum which means that her job description wouldn’t cause one to think she’d be involved in Winston-Salem’s police investigation.  Yet according to the article there are only three assistant attorney’s in the city attorney’s office so it wouldn’t be hard to imagine a scenario where the attorneys collaborate each other, and it definitely wouldn’t be hard to imagine that she had a hand in the hiring of RMA. 

Am I alluding to some sort of conspiracy?  Nah.  Ms. Carr’s connection to the Greensboro thing has the bloggers over that way who have been covering the story are wondering if she’s a drunk and if that impacted the Greensboro investigation.  They also find it curious that the Greensboro News & Record hasn’t covered the story given her background.  I find it equally interesting that it hasn’t been covered in the Winston-Salem Journal or on WXII. (If I missed it please let me know).  This would seem to be a local interest story for them.

So no conspiracy theory here, but lots of interesting coincidences and a bit of wonder that this story hasn’t hit the local media.

Am I a Hypocrite?

Yesterday I wrote a post asking if Baptist Hospital or Novant should be considered non-profits.  Jim Caserta left a good thought provoking comment to which I replied and in the process had my memory tickled.  I remembered writing something a while back about good non-profits behaving more like a business than an organization that exists merely to do good.  Here’s what I wrote in May ’06:

As you may know I do most of my work with non-profits and here is what
I can tell you about them: the good ones behave just like well-run,
for-profit companies.  If they think of themselves as existing for a
"higher purpose" and justify their existence in that light then they
are doomed.  If, on the other hand, they view their members or
constituents as customers and view their existence as serving those
customers then they are most likely going to succeed.

So it looks like I might be talking from both sides of my mouth, or maybe I’m a hypocrite for writing what I did about Novant and Baptist.  Really, I think I just wrote poorly last year.  I do believe the non-profits that are run by zealots who believe that they will succeed simply because their cause is righteous are doomed to failure.  You do need to take a business like approach to your efforts; pay attention to your budget, balance your books regularly, live within your means which probably means you can’t do everything you want, regularly audit your operations, etc. 

On the other hand non-profits are also defined by their missions.  Unlike a business their success is measured in part by how they fulfill their missions and how they serve their communities.  While I see no evidence that Baptist or Novant provides sub-standard health services it does seem to me that they could do a better job serving everyone in their communities.  In other words they could stand to be a little more zealous.

links for 2007-12-28

Are Novant and WFU Baptist Medical Center Non-Profits in Name Only?

I had an interesting email exchange with a reporter from the Winston-Salem Journal about the hospitals that Novant and WFU Baptist Medical Center are proposing to build in Clemmons (Novant’s) or Advance (WFUBMC).  When I wrote that I’d really like to see Baptist build a new hospital on the site in Mocksville where it currently has an old hospital that by all accounts is old and in need of mothballs, she replied that Baptist can’t afford to build there because it is hemorrhaging money and market share.  I’m sure she’s right about that and I understand the business implications in both companies’ building proposals, but I think one issue that needs to be discussed is the fact that both companies are non-profits.  As non-profits shouldn’t the companies’ goals and agendas involve more than market share and profit?

In thinking about this I came to the realization that although I’ve worked in the non-profit industry for a long time I really don’t know what non-profits are supposed to be.  I decided to do a little research and when I Googled "history of nonprofits in america" the first listing was a 1998 USIS article titled Nonprofit Organizations: America’s Invisible Sector written by Dr. Lester M. Salamon, director of the Center for Civil
Society Studies at the Johns Hopkins University.  He provides a basic definition of non-profits:

As a first step in this process, it is necessary to clarify
exactly what the nonprofit sector is. In the United States, 26
different types of organizations are identified as worthy of tax
exemption, ranging from business associations through charitable
organizations and social clubs. Behind these 26 categories,
however, lie five critical features that all these entities
share. To be considered part of the nonprofit sector, therefore,
an entity must be:

    organizational, i.e., an
    institution with some
    meaningful structure and permanence;

    nongovernmental, i.e. not part
    of the apparatus of
    government;

    non-profit-distributing, i.e.,
    not permitted to
    distribute profits to its owners or directors, but rather
    required to plow them back into the objectives of the
    organization;

    self-governing, i.e., not
    controlled by some entity
    outside the organization; and

    supportive of some public
    purpose
    .

While all organizations that meet these five criteria are
formally part of the nonprofit sector in the United States, an
important distinction exists between two broad categories of
these organizations. The first are primarily
member-serving organizations. While serving some public
purpose, these organizations meet the interests, needs and
desires of the members of the organization. Included here are
social clubs, business associations, labor unions, mutual benefit
organizations of various sorts and political parties.

The second group of nonprofit organizations are primarily
public-serving organizations.  These organizations exist
exclusively to serve the needs of a broader public. Included here
are a variety of funding intermediaries such as charitable,
grant-making foundations; religious congregations; and a wide
range of educational, scientific, charitable and related service
organizations providing everything from nursing home care to
environmental advocacy.

This distinction between member-serving and public-serving
organizations is far from perfect. Nevertheless, it is
sufficiently important to find formal reflection in American law.
Thus, public-serving organizations fall into a special legal
category — Section 501(c)(3) of the U.S. tax code — that makes
them eligible not only for exemption from federal income taxation
and most state and local taxation, but also for tax-deductible
gifts
from individuals and corporations, that is, gifts that
the individuals and corporations can deduct from their own income
in computing their tax liabilities. It is these organizations
that most Americans have in mind when they think about the
"nonprofit sector" and it is these that we will focus on here.

If we accept this definition, and I think it’s pretty good, then we accept that both Baptist and Novant are public serving organizations.  And since a requirement of non-profits is to plow their profits back into meeting their objectives then a natural question would be "Are Novant and WFU plowing their profits back into their mission?"

Originally I was going to detail a bunch of numbers from both organizations’ 990 filings.  These are the forms that non-profits file with the IRS (kind of like an individual’s 1090) and they highlight the non-profit’s financial performance for the year.  But instead of getting into the details I’m going to provide you with links to the filings (see the bottom of this post) and simply say that without question both organizations are highly profitable and both could probably stand to spend more money on the community no matter what they say about how much they write off in serving the indigent and poor.  Believe me, they show a healthy profit even after accounting for those expenses.

So given that Novant and WFUBMC are already profitable should they look only at market share and profitability when building these facilities?  Baptist wants to build in Advance because they say they will be serving Davie county and the majority of Davie lives in that area.  Maybe, but it’s also true that the majority of high income Davie residents live in Advance and it’s no secret that they’d like to poach some of the high income Clemmons residents from Novant as well.  Novant claims that they already serve something like 60% of the residents in the area proposed to be served by either hospital so it makes more sense to give them their shot in Clemmons, but if Baptist gets to build their hospital those numbers could change.

The reality is that Novant and WFUBMC are businesses that happen to be designated non-profits, or in other words they are non-profits in name only.  If they were non-profits in the sense that I think an average person with common sense would think of a non-profit then they wouldn’t dicker about the Downtown Health Plaza and they would spend more money on operations that serve poorer and more rural communities.  They would also acknowledge that they already make plenty of money off of their existing operations in Winston-Salem and actually look at how they can serve communities in need and not just at market share. 

I’d like to see the state offer Baptist and Novant the following deal:  you can build your hospitals if you agree to set them up as for-profit subsidiaries that will allow the counties to collect property tax OR you can build your hospitals if you expand/improve your facilities and services in at least two rural operations.  With the first proposal the state would be saying to the organizations that we’re going to call a spade a spade, and with the second they’d be pushing the organizations closer to fulfilling their intended roles as non-profits.  Of course I’ll be ice skating in hell before either happens.

Links:

North Carolina Baptist Hospital 2004 990
WFU Health Sciences 2004 990

WFU BMC 2004 990
Novant’s 2004 990