Judge finalizes desegregation office's closure

Orders change monitor’s role

U.S. District Judge D. Price Marshall Jr. issued two orders Friday finalizing the closure of the federal Office of Desegregation Monitoring at month's end and transforming federal Monitor Margie Powell's role into that of a part-time "court's expert."

"The Court thanks [the Office of Desegregation Monitoring] for its service," wrote Marshall, the presiding judge in the long-running Pulaski County school desegregation lawsuit. "For nearly twenty-four years ODM has monitored Pulaski County's three school districts and thus assisted them in meeting their desegregation obligations."

The Little Rock School District was released from federal court supervision of its desegregation efforts in 2007. The North Little Rock School District was released in 2012 and the Pulaski County Special School District has been released in all but six areas.

"These achievements would not have been possible without the dedication of the ODM's staff," Marshall said of the organization created in 1990 as an arm of the court by the 8th U.S. Circuit Court of Appeals at St. Louis. The office has since worked with four district judges and under the direction of three chief monitors.

Marshall named the chief monitors -- Powell, the late Andree Layton Roaf and Ann Brown Marshall Grigsby -- and all of the employees who served in the office, thanking them for their "time and efforts."

"In January 2014, this case rounded an important bend," he said. "The interdistrict remedy, is, by agreement, winding down. ODM's job -- to help the Court monitor compliance with the 1989 agreement -- is done. The Court therefore closes the Office of Desegregation Monitoring with thanks and commendation."

Powell, the third of the three chief monitors in the office, will become "a neutral expert" on July 1 to monitor efforts by the Pulaski County Special district, in consultation with the Joshua intervenors who represent black students, to achieve full unitary status. Powell will report to the judge as he requests or as she thinks is necessary.

Powell and Marshall will communicate with each other only in writing, as part of the record in the case or in testifying in court as needed.

The court's expert will work from her home at a rate of $300 per hour, capped at $33,000 for the year, Marshall wrote. That is the amount that the Pulaski County Special district has been contributing annually for the cost of the Office of Desegregation Monitoring Office. The state of Arkansas was contributing $200,000 per year for the office but has been relieved of that responsibility.

Powell's appointment by the judge is for one year, but that can be extended. She will pay her own expenses and her charge for any court hearings will be for one hour, regardless of how long the hearing lasts, Marshall said.

Marshall also thanked Powell and Polly Ramer, the office's chief financial officer, for packing up the office and otherwise arranging for its closure. Records of historical value from the office will go the the Butler Center for Arkansas Studies, which is an arm of the Central Arkansas Library System, which will preserve and open to the public the core records once kept by the office.

The judge also responded to Office of Desegregation Monitoring's final report on the Pulaski County Special district's current efforts to achieve unitary status. He called the report "helpful in every respect."

"The Court will be mulling over this update during the next few weeks. PCSSD and Joshua should be prepared to address it at our" Aug. 14 status hearing, he wrote.

Metro on 06/21/2014

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