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Editorials
Thursday, June 1, 2000Judge’s tough remedy
for state’s failureFEDERAL District Judge David Ezra borrowed a familiar theme from critics of the state government when he blamed entrenched, union-protected bureaucracies for resisting changes needed to comply with a consent decree on meeting the needs of special education students in the public schools. Those bureaucracies have a lot more to answer for than deficiencies in special education, as Governor Cayetano has pointed out in making his proposals for civil service and collective bargaining reform.The issue: Federal District Judge David Ezra held the state in contempt for failure to comply with the Felix special education consent decree and authorized overrides of state laws and contracts.
Ezra declared the state in contempt of court for failure to meet the terms of the 1994 Felix consent decree and provided an extraordinary remedy. He gave Superintendent of Education Paul LeMahieu, Health Director Bruce Anderson and court-appointed special master Ivor Groves powers to override state laws, rules, regulations and collective-bargaining contracts that inhibit compliance.
This is strong medicine, a bold intervention in the state's affairs that is likely to upset some bureaucrats and union leaders.
The power to override collective bargaining contracts will surely not go down well with the unions, but may be essential to expedite the hiring of special-education teachers, who are in short supply. Other legal areas affected may include procurement, improvement of working conditions and pay and creation of new positions.
Ezra said he plans no substantial fines against the state, but will order that state general funds be used to bring the state into compliance. He said he won't allow the state to use existing funds for regular education to pay for the special-education programs. And the state will be required to provide incentives to encourage more teachers to train to become special-education teachers.
Ezra issued the contempt finding after the state ignored two previous opportunities to extend the deadline for compliance.
But the judge's strong criticism spared Cayetano, LeMahieu and Anderson. He said he was impressed and gratified by recent progress under their leadership.
LeMahieu described Ezra's ruling as "a fair and positive one." He added, "Despite the difficulties, we are doing this for the benefit of all students in our public schools, and all citizens of our state."
Anderson said he was pleased Ezra recognized the progress that already has been made and was aware of the bureaucratic barriers hindering more progress. He said the ruling may help overcome some of the barriers.
The judge's order authorizing an override of state laws, administrative rules and union contracts is a drastic step that should be taken only as a last resort. But Ezra made it clear that his patience with the state had been exhausted.
That the judge found it necessary to take this action is an embarrassment for the political leaders who let state government become so enmeshed in regulations and contract restrictions that it could not meet its responsibilities. But it isn't clear that they even know they should be embarrassed.
Israel’s U.N. rights
ISRAEL has been a member of the United Nations for more than 50 years -- but a member without full rights, denied the opportunity to be represented on key U.N. bodies, including the Security Council. Now that is about to change -- and it's about time.
U.N. rules give regional groups the authority to decide which governments fill the 10 rotating seats on the Security Council and other major committee posts. Israel belongs geographically to the Asian regional group, but Arab nations blocked its admission to the group.
This left the Jewish state the only U.N. member that was not in a regional group and thus denied the opportunity for representation on U.N. bodies.
Now the group of Western European, North American and other countries has invited Israel to become a temporary member and Israel has accepted. The step marks a turning point in Israel's sometimes stormy relations with the U.N.
Terms of the agreement require Israel to keep pressing for membership in the Asian group. The Western European group will reconsider its temporary membership in four years. Israel is also barred from submitting candidates for any contested posts for two years, and must accept the group's existing rotation for U.N. posts.
Israel began campaigning for membership in the Western European group after the 1993 Oslo accords, which laid the groundwork for the Middle East peace process. Kofi Annan raised the issue of Israel's exclusion soon after becoming secretary-general in January 1997, declaring, "this anomaly should be corrected."
The Clinton administration played a major role in finding a way to end Israel's isolation at the U.N. Israeli U.N. Ambassador Yehuda Lancry credited U.S. Ambassador Richard Holbrooke's diplomatic skills in expressing the administration's determination "to put an end to this long-standing inequity."
Holbrooke said the administration worked closely with Israel's Prime Minister Ehud Barak, raised the issue with other leaders "and one by one the obstacles began to fall away."
The invitation only applies to New York, not to Geneva, Vienna and Nairobi, Kenya, where the U.N. also has operations. But Holbrooke stressed that "New York is the mothership" of U.N. operations and Israel's acceptance there was the critical step.
All nations should be treated equally in the United Nations. Until now, Israel hasn't been.
Published by Liberty Newspapers Limited PartnershipRupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor
