by Kimberly Sawatka | Jun 18, 2020
To Rebuild Trust in Law Enforcement, We Must Reform Civil Asset Forfeiture Laws
By Buzz Brockway
In the wake of the tragic deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, and now Rayshard Brooks, issues of racism and questions about use of force by police dominate the news. Understandably, emotions are high as people want answers and change. The Georgia Center for Opportunity has worked diligently over the years on issues of criminal justice reform. We see this as a key issue in pursuit of our goal of a society where everyone has the opportunity to flourish. We stand with our African-American sisters and brothers as they call for justice.
One key area in need of reform is called civil asset forfeiture. Civil asset forfeiture is a process in which law enforcement officers take assets from persons suspected of involvement in illegal activity without necessarily charging the owners with wrongdoing. The assets are thought to be either obtained as a result of illegal activity, or used in the commission of a crime. A civil court proceeding takes place to determine if the assets are to be forfeited and the funds used for law enforcement purposes.
As solutions are being offered, it is important to keep in mind the vital role law enforcement play in protecting the vulnerable and seeking justice for victims. Human flourishing and freedom cannot take place in unsafe communities. Therefore, law enforcement can and should be a key part of the solution to issues such as racism and discussions about the proper application of force against those suspected of criminal activity.
While the facts surrounding each of the tragic deaths listed above differ, one common thread moving through each case is lack of trust. Lack of trust that officers will use force responsibly, lack of trust that officers will properly deal with arrest warrants, and lack of trust that prosecutors will prosecute crimes equally, especially crimes committed against the African-American community. As we consider potential reforms, focusing our efforts on restoring trust between law enforcement and the communities they serve would seem to be efforts that could bear much fruit.
To that end, let me suggest we look at increasing transparency and oversight of Georgia’s civil asset forfeiture laws. The Georgia Center for Opportunity recently completed a study of these laws, how the system works, and made recommendations around increased transparency and accountability.
Civil forfeiture of assets from law enforcement activities has become an important funding mechanism for many law enforcement agencies as well as multi-jurisdictional task forces crucial to fighting criminal gangs. However, the issue raises concerns about justice, freedom and prosperity. While a 2015 law made major improvements in civil asset forfeiture reporting requirements, it is not possible to know whether there was a conviction in the case that resulted in the property being forfeited. To restore trust, collecting this information is crucial.
Additionally, understanding the outcome of the case would allow us to determine if Georgia civil asset forfeiture laws violate the 8th Amendment prohibition on excessive fines. The recent Supreme Court decision in Timbs v. Indiana makes it clear that the 8th Amendment applies to the state. As it relates to civil asset forfeiture, is it an “excessive fine” to forfeit a car worth several thousand dollars for a minor drug conviction? To restore trust in law enforcement, this question must be answered.
Rebuilding trust between law enforcement and the community will take time and many policies and practices must be reviewed and debated. Increasing transparency and accountability in Georgia’s civil asset forfeiture laws is an important step in the right direction.
To learn more about Civil Asset Forefeiture in Georgia click here.
CAN THE POLICE REALLY CONFISCATE MY PROPERTY WITHOUT CONVICTING ME OF A CRIME?
by David Bass | Jun 17, 2020
Restaurant workers and the impoverished are two categories of people particularly hard hit by the coronavirus pandemic and its economic devastation. An estimated 8 million restaurant workers have been out of work nationally, while 39 percent of households earning $40,000 or less per year have lost work. Specific data for Georgia are now available yet, but we imagine they will be similar.
Creating jobs while feeding the hungry
But in the Atlanta area, local business and community leaders are coming together to help both populations in an inventive way. We’d like to introduce you to the Compassion Kitchen Project. Put together by the Cathedral of Christ the King in Atlanta and the Knights of Columbus, the initiative provides much-needed work for displaced restaurant workers while stemming the tide of rising food insecurity in the metro area.
Here is how it works: Donations to the project are passed along to local restaurants, who then in turn make meals for local nonprofits and homeless shelters to feed the hungry. Some of the allied nonprofits include CHRIS180, Nicholas House, Catholic Charities Atlanta, and Together We Rise.
The Compassion Kitchen Project also delivers food bags—called “compassion to-go” bags filled with items like protein cars, chips, canned meats, and bottled water—for people living in transient housing or out of their cars.
‘A good mixed with a good’
Gene Rice, a local commercial real estate developer, has been a key part of the project. He shared with us that many of his business clients are restaurants and brew pubs. The idea with the Compassion Kitchen Project was to get a double bang for the buck—help restaurant workers on furlough while feeding the hungry.
“It’s a good mixed with a good,” Gene shares. “It’s helping a business getting kicked in the teeth right now, getting hourly workers back in the kitchen, and helping folks who are hungry.”
Within a week of getting up and running, the initiative had already served 1,200 meals and raised $30,000. To date, a total of 17,232 have been served.
Civil society in action
This is an example of why civil society is key as we recover from the COVID-19 pandemic and its economic devastation. When businesses, nonprofits, churches, and other community institutions partner together for good, we see amazing results. Learn more about our Hiring Well, Doing Good initiative here.
by Georgia Center for Opportunity | Jun 15, 2020
Georgia made national headlines after Tuesday’s primary elections. Most of the coverage focused on long lines, mail-in ballots, new voting machines, and results that were not finalized until the wee hours of the morning. (In fact, some results are still pending).
There were some high profile contests, including a couple of congressional races. Every member of Georgia’s General Assembly (except, of course, for those retiring) were also on the ballot.
But there was one outcome of Tuesday’s election that you’ve likely heard nothing about.
Both parties have the ability to put non-binding referendum questions on their respective primary ballots. While the results of these questions have no force of law, it is a great way to test voter opinion on various policy ideas. The results are far more accurate than a poll and can help parties and candidates understand the will of the super voters among the electorate.
This year, Republicans included the following as ballot question #1: “Should Georgia lawmakers expand educational options by allowing a student’s state education dollars to follow to the school that best fits their needs, whether that is public, private, magnet, charter, virtual or homeschool?”
The results were overwhelming: as of this writing (results are still coming in), more than 73 percent of voters said “yes.” In fact, the question had majority support in every single one of Georgia’s 159 counties, destroying a common narrative that rural voters don’t support school choice. In all but 12 counties, support was over two-thirds. In many cases, the ballot question will ultimately receive more support than the Senate or House member representing the district.
You might be tempted to argue that this only speaks to support for educational options among Republicans. And while the Democratic Party of Georgia didn’t include this question on their primary ballots, making an apples-to-apples comparison impossible, other polling in the state consistently shows support for school choice among all Demographics—Republicans, Democrats, rural, urban, young, old, men, and women.
Even an AJC poll, worded in such a way as to be biased in the negative, found that 61 percent of voters supported school choice, even when warned that it might “undercut public school funding.”
During the COVID-19 pandemic and resulting school closures, many families were forced into alternative ways of schooling for the first time ever. Families’ experience with how traditional public schools handled the shift to distance learning was mixed and inconsistent. Some schools and teachers excelled, ensuring students did not lose out on learning. Others threw their hands up early, and kids have suffered.
In the aftermath of these experiences, and in light of all the uncertainty facing a reopening of traditional public schools in the fall, many families have begun searching for alternatives–virtual education programs, private schools, and innovative public charter schools.
But will public policy change to support these students who need something outside of the traditional model of education? So far, CARES Act relief has focused millions of dollars to the state Department of Education, local districts, and traditional public schools. Nothing to date has been offered to families whose students fell behind, need to play “catch-up” over the summer, or need a different environment when school returns in the fall.
If legislators and state leaders are paying attention, that should change.
In recent years, there has been a reluctance on the part of legislators to expand existing school choice programs or create new ones. Usually, the argument goes that it will not be politically expedient to do so.
Legislators might be dismissive of polling, but if they ignore actual voters who went all the way to the end of the ballot and chose to say “yes” when asked if money should follow the child to the best school for them, it could ultimately be at their own peril.
Now that voters have spoken—clearly and specifically—how will legislators respond? Will they listen to the will of those who elected them? Elected officials (or those who wish to be elected in the future) have the ultimate opportunity for a win-win: they can give kids the educational opportunities they need and deserve while giving voters what they support and demand.
by Buzz Brockway | Jun 9, 2020
The Georgia Department of Education (DOE) last week released guidance for local Boards of Education to consider as they develop plans for the 2020-2021 school year. “Georgia’s Path to Recovery for K-12 Schools” (www.georgiainsights.com/recovery.html) does not issue mandates to local school systems, but rather guidance, expecting that situations on the ground will be different in different parts of Georgia. This requires locally elected School Board members to take the lead and chart a clear reopening plan for their schools. Additionally, leaders of Georgia’s private schools could refer to this document when considering how best to bring students back to campus.
Parents need to see clear, easy to understand plans to give them comfort that their children will be safe, and in an environment where they can learn. Teachers need guidance on how best to prepare for the upcoming school year. Teachers also need to know what gaps developed in their student’s education during the shutdown. Students and teachers were forced to adjust to remote learning on the fly as the COVID19 pandemic swept across the country. Some thrived in the online environment. Others did not. A lot is riding on the 2020-2021 school year. School leaders and local Boards of Education have an important task in front of them.
The DOE document contains two main items. First schools and school systems should determine if their community has substantial, minimal/moderate, or low/no spread of COVID19.
What constitutes substantial, minimal/moderate, or low/no spread is not explained. Admittedly, defining these terms is difficult, however, the lack of definition creates the possibility that what one local school system considers substantial spread, another considers low. School Leaders and Local Boards of Education need clarity on what these levels of spread mean.
Once a school or school system determines which level of spread exists in their community, DOE provides guidance on what the school day might look like for schools in the various spread levels.
Areas of the state with substantial spread are encouraged to exclusively use a distance/remote learning model. Education could be delivered by the school or via the Georgia Virtual Academy (www.gavirtuallearning.org), or a combination of both. Clearly internet access will be very important in delivering distance/remote learning. Schools will need to tackle this issue head-on for students with limited internet access.
In areas with minimal/moderate spread, a student’s school day could consist of the distance/remote model, the traditional model, where a student is in the classroom with live lectures by their Educator, or a hybrid model with distance/remote learning at certain times, and traditional classroom learning at other times.
For students in a school where the spread is considered low, their school day would be largely as it was in the days before COVID19. Except perhaps with certain precautions like social distancing, facemasks, and extra cleaning of the school facilities.
Additional detail on these two main items, including suggestions for dealing with a new COVID19 infection, can be found in the complete guidance document (link above).
An additional challenge for schools and school systems reopening plans is understanding the mood of parents. Will parents feel safe sending their children back to school? Crafting detailed plans for what the school day will look like, what precautions will be taken to reduce the chance of infection, and what protocols are in place should a student or adult become infected, will be of paramount importance.
A glimpse into what parents in one part of Georgia are thinking can be found in a survey conducted by Forsyth County Schools. 12,350 people (approximately 75% of whom were parents not employed by Forsyth County Schools) responded to the question “What is your comfort level with students returning physically to school in August?”
42 percent were either extremely or very comfortable with students physically returning to school in August, while 39% were slightly or not at all comfortable. Another 19% were moderately comfortable. Forsyth County Schools has not issued a definitive date for reopening. It would seem parents need to feel more confidence in the school environment before schools reopen in Forsyth.
Giving the rapid pace of change in regard to the COVID19 pandemic, schools and school systems would be wise to prepare for many different scenarios and develop many trusted sources of information to make decisions. Clear and regular communication with parents will be crucial to increasing parent’s comfort level in sending their child off to school.
https://www.forsyth.k12.ga.us/cms/lib/GA01000373/Centricity/Domain/28/4th%20Quarter%20Online%20Learning%20Survey%20-%20Final%20Results.pdf
