Sunday, December 23, 2012

Benghazi Report and Resignations

The report on the Benghazi attack attracted attention today for two reason, the first being that failures were identified and no one in particular was singled out for responsibility, the second being that resignations began within hours of the public getting the news. Important parts of this investigation, and the changes that result, or do not result, must be followed closely by the media and the public. When a serious incident such as the Benghazi attack occurs, and lives are lost, the public has a right to expect (among other things ) that the Government will take all necessary steps to ensure that we do not repeat any mistakes or allow any identified failures to re occur. The fact that several state Department officials resigned as a result of the report release (as well they should have), is not enough. Those that fell on their swords have one more obligation to those that died – take other culpable employees with them, and loudly identify any issues not yet uncovered. The public needs to know that identified incompetence, “lack of leadership” and failure of those in areas of responsibility, are met with appropriate corrective measures. Reports siting facts that “no intentional misconduct was found” while “lack of leadership and responsiveness” was, should bring no satisfaction to the taxpayer, when such conduct contributed to the death of US citizens. The fact that the report concluded that the failures did not rise to meet the definition of dereliction of duty, is not good news either. Regardless of the fact that the report avoids specific blame, and the fact that the narrative seems to have been written by a civil service labor attorney, the Federal Government still needs to deal with the reality that the failure of leaders and managers within the Department of State, ( whether they can be fired, or not, still needs to be addressed by having these people removed from the position they held on the day of the attack. Definitive action such as this, is the only guarantee that those who put themselves in harm’s on behalf of the taxpayer, can be sure that a Government employee who fails others, gets no other opportunity to cause harm. Those holding some of the responsibility, whether it be due to their lack of judgment, skill or backbone, need to be in the same barrel that goes over the falls with the supervisors.

Tuesday, February 28, 2012

A Nuclear Iran - through a Foggy Lens

Concerns about an Israeli Preemptive strike against Iranian Nuclear production facilities have gained attention recently and have been the topic of numerous speculative reports in both the foreign and U.S. Press.
The Wisdom and effectiveness of such an attack has been debated, and both U.S. and Israeli Government officials have weighed in on the topic. Reports that Iran continues to stonewall United Nation inspectors, appear as front page news, while not being news at all.
As recently as November 8th, more speculation was raised when CNN reported on a United Nations International Atomic Energy Agency statement “expressing serious concerns” about Iran's nuclear program and that "credible" information existed that the Islamic republic may be developing nuclear weapons.**
Articles this past week reporting another failure in the monitoring process, were followed up by a New York Times article (February 24th) detailing the United States Intelligence community position that ”no evidence exists to support the assertion that Iran is building a Nuclear weapon”. The public should be completely confused at this point. Each day the latest slant on the issue is released. Bringing the public no closer to knowing what the actual threat may be.
The source of the article was testimony by the current Director of National Intelligence James Clapper, as well as that of CIA Director Panetta, reported to have been given January 31st.
Given the context of recent debate, the public should be expecting a “but we believe they are going to build one anyway” punch line. No punch line was delivered.
The U.S. assertion that there is no evidence of a weapon being built is not the same as a statement that recent concerns and tensions are unwarranted. Raising questions about a lack of evidence, without actually saying there is no threat, allows the U.S. to distance itself from any action that Israel make take on its own while deflating any sympathetic support Israel may garnered toward making the first move.
Downplaying an imminent need for a decision by Israel could be a catalyst for an upcoming break in the stalemate. This is likely to be through a turnabout by Iran, who could now back away from its stance of defiance toward monitoring, while saving face. Deflating current tensions may be the goal of the U.S. and the reason for downplaying concern – that’s the only reason that makes any sense.

Monday, June 14, 2010

Training Standards For School Administrators

New York is a State which requires that a School Administrator become licensed by the State, (as it does with principals). Very often this process is undertaken by a successful classroom teacher, who having achieved a certain level of proficiency moves to the next step in the hierarchy to "management"

It is often stated that a school is in the “people business” this is true, yet the business aspect of this cliché is sometimes forgotten. Many customers are served by the business of education, the student, the parent, and ultimately the taxpayer - who theoretically benefits from a well educated community.
The management end of this business, even when steered by an expert “former” classroom teacher, needs a manager concerned with the complete health of his or her business. This Business to be managed has many divisions, as they are known in the private sector. Student services delivery, quality control in hiring, careful management of collective bargaining agreements, the constant education of the community served, and a solid public relations program, to ensure continued financial and budgetary support. These are daunting tasks.
An educated, licensed and successful teacher is often handed these tasks with a map written in pencil. Our new Administrator may now deal with an Elected Board of Education, (perhaps comprised of well meaning parents), and a collective bargaining agreement that he or she had no input into crafting. Top this off by handing this new executive a limited budget.
In this situation it is clear that a mentoring program for leaders in our education system is a necessity. We invest heavily in our education systems, and we must also invest in educational leadership and training.
We are asking our educational CEO’s to run a business for us, in which the stock is changing constantly, there are shifting standards, and new laws and mandates are thrown around on the wind. If we looked at the myriad of tasks that a school leader may perform, and then tried and write a list of skills needed for success in the position, we would end up with a full book. Lawyer, Doctor, Priest, Policeman, Counselor, and Diplomat, all rolled up in a bundle. It would be nearly impossible to write a curriculum for that kind of training.
If we were purchasing stock in this business we would insist that our company leaders have all the training and support they need, and we would make no assumptions that they bring all the needed skills with them to the Job.
Being a skilled and dynamic teacher, will not be enough to guarantee a smooth transition to success
In education administration, without the commitment toward lifelong learning that we often hear about. Continued education for our educational leaders, is a must, and also the fulfillment of a great management principle “leadership by example”.

Sunday, March 07, 2010

Congressman Convicted - No Surprise

Wednesday, August 05, 2009
Congressman Convicted - No surprise
Today’s news that former Congressman William Jefferson, was convicted of bribery and racketeering, among other things, comes as no big surprise. Several things are worth revisiting regarding this former “big wheeler” and the support he was given by the House leadership. Most people will remember the media coverage and uproar that occurred as a result of the FBI search which took place at the Congressional office of Mr. Jefferson. The house leadership jumped on the issue right away, and claimed the search was improper, given that a congressional office was involved. The media coverage was extensive, as was the coverage that thousands of dollars in unexplained cash were found in Mr. Jefferson’s freezer. In the poor judgement Department, Nancy Pelosi was quick to denounce the search undertaken by the FBI, notwithstanding the fact, that a federal Judge had signed the warrant. (later upheld by the courts.) Pelosi at the time, also chose Jefferson for a seat on the House Homeland Security Committee, despite his upcoming legal battle, and questionable - ( now proven to be criminal) behavior. This “look the other way when it suits me” attitude that Mrs. Pelosi displayed was a foreshadow of things to come, as we saw with the CIA briefings conflict. In that debacle, Mrs Pelosi was not able to articulate what she knew and when. It did not stop her from throwing stones, after having done nothing at the time, but “look the other way” This is a pattern that the voters of California need to remember when re election time comes.
Posted by al chervik at 7:50 PM 0 comments
Wednesday

Thursday, December 31, 2009

Transportation Security Gaps

The Screening issue:

Red flags and clear warnings not being used to thwart the recent attempted airliner bombing, Shine a light on more than just a lack of screening equipment. The basic threat assessment process was shelved at some point – by both a lack of resolve and misplaced priorities within the system.

We learned in the tragic analysis of information leading up to the September 11th attacks that a decision was made that “not enough evidence” existed to search a laptop (which later turned out to contain valuable information. In this situation, – a decision that not enough evidence existed was looked at with regard to a “right” cited (see the fourth amendment) right or wrong, its infringement or lack thereof was the rationale given for the decision.

In the most recent example our “terrorist watch list” is mentioned as having contained information on the bombing suspect. At some point this information was shelved, or deemed “not enough” to add this suspect to a no fly list. Note that the use of this term, previously accepted in phrases such as “not enough to arrest” “not enough to detain” or “Not enough to prosecute” has now become part of a new Government policy – “not enough to do anything with the information”. This newly discovered policy has been attached to a “new right” which was recently introduced in this Nation. This right was created while we were all asleep, or perhaps we just didn’t get the memo on it: Foreign citizens now have a “right” to fly into the United States, that can only be abridged, reduced, or limited, by having “enough” evidence against them to convict them of a crime. In addition, the same amount of evidence is also necessary to move forward and either screen someone further, or pull their Visa or refuse them permission to enter the United States.

The confusion and lack of resolve by those in decision and policy making positions has inadvertently ascribed “new rights” to those that wish to do us harm. We are now being made aware of it, and the process needs intense scrutiny to weed out weak policies and flawed decision making in any agency charged with our public safety.

Sunday, December 02, 2007

Joint Chief's Comments

This week's story about the Iranian Revolutionary Guard operating Naval ships in the Persian Gulf, is one that is worth keeping a close eye on. The manner in which the story was released (through a speech that Admiral Michael Mullen was giving at the army War College) seems inadvertent, but surely does the trick to alert the public that some naval action may be on the horizon. It is fair to assume, that the U.S. will not make the same mistake the British did in allowing the Iranians to take hostage their naval personnel in the area. A more likely scenario to come, should the Iranians operate in close proximity to U.S. Navy Ships would be a conflict and a use of force. One that might be costly to the Iranians.

Thursday, August 30, 2007

Katrina aftermath

It is possible that The Katrina disaster has had less of a changing impact on the region than first thought. The media focus on the failures of the Government in the disaster aftermath, did not focus on anything but the Federal response. The long lasting issue now points out what was clear to emergency management professionals immediately, that a disaster occured other than the hurricane - and it originated on the Local and State level. The Katrina disaster showed us many flaws in the Federal Government leadership that responded. It also showed us a total breakdown of State and Local leadership, guidance, preplanning, emergency planning, corruption, and misuse of Federal funds. After all of this, the City re -elected its Mayor. The Mayor being re-elected sends a message that he is not going to held accountable for his failures. There is no recognition on the local level that the city completely failed it's citizens. The city will not be prepared in the future, unless it sees that it must stand up for itself, and better prepare its citizens and it's communities. Fema responds and supports what a community has in place. It augments an area or regions emergency capability. It was designed as a coordinating entity and was therefore unprepared to take over and run an area with a total
collapse in preparation and leadership. With so many multiple levels of failure it is difficult for any issue to gain real traction and stay in the focus of taxpayers minds. Politicians pushing "we need to do more" do not have a specific enough goal for divergent groups to grasp, and divergent groups must work together with a common goal to effect real change.

Thursday, July 19, 2007

National Intelligence Estimate - more confusion ?

National Intelligence Estimate

The recent stories on the National Intelligence Estimate report, make an inference to the Al-Qaida group using its contacts in Iraq to mount an attack in the United States. The parts of the report, available for reading, make reference to increased threats, from within “radicalized” groups, and indicates that the United States still faces threats, but also points to the fact that these threats may also be coming to us without a “centralized terrorist organization.” This aspect of the report got very little play in the media, which skews the story a bit. The headlines associated with the report, were sensational and surprising - the report itself is not.

Wednesday, July 18, 2007

Re visiting the Duke case

Monday, December 25, 2006

Duke Case Flowchart

posted by al chervik @ 8:22 AM

Tuesday, July 03, 2007

Cataracts and Politics

The Grant Of Executive Clemency that was given to Lewis Libby, surprised some today, predicting a pardon, and others predicting that the administration would steer clear of the issue. The fact that Libby’s prison term was commuted, and the rest of the sentence (fine, supervised release) was left in tact, lends some insight into how the President views his role. A pardon for a convicted Felon, would no doubt show contempt for the process, ( as the Clinton Administration displayed with its 11th hour pardons) A commutation of the prison portion of the Libby sentence shows us that the administration is clearly loyal to its footman, but also shows a level of detachment from the taxpayers. It may just be, that politicians playing at this level of competition, with all the money and deal making that got them to where they are, really believe they are on solid ground, even when standing in quicksand. Although it’s nice to think that our elected officials stand behind what they believe in, it is disconcerting to think that the result of such devotion to ones beliefs is a type of political cataracts

Friday, April 13, 2007

The End of the Duke Case ??

No surprise here, as the truth comes out on the Duke case. The issue now should focus on the culpability of the prosecutor - lets see how vigilant the criminal justice system will be in the follow up to this travesty. The prosecutor should be removed from office, to prevent others from falling victim to his incompetence.

Friday, March 09, 2007

Katrina article link

Thursday, September 07, 2006

KATRINA ARTICLE
KATRINA ARTICLE PUBLISHED IN "LAW AND ORDER"
http://www.hendonpub.com/resources/articlearchive/details.aspx?ID=626

posted by al chervik @ 7:19 PM

Wednesday, February 14, 2007

The Link To Iran

With all the controversy that is in the air over the War in Iraq, and the pressure to open negotiations with Iran and Syria, one would think that the U.S. would have a unified approach in its policy on the region.
This week’s contradiction between Defense Secretary Gates comments about evidence linking the Iranians to weapons being used in Iraq, and those of the Joint Chief’s Chairman - stating he has seen no evidence, is problematic to say the least. This lack of coordination or concise information on a topic as important as this, seems to indicate a communications failure at the highest levels. This is the most important time for the administration to build a credible case for all its decisions in the Middle East, it can not afford such errors.
It seems this story is not going to get the press that it deserves, as none of the candidates have picked up on it, and it is only getting minor airplay on the networks. This is an important one to follow.

Saturday, December 30, 2006

Duke prosecutor in hot water !

Well.. the old saying "what goes around comes around" seems to fit in here, as the North Carolina Bar Association is going after the prosecutor for some ethical and professional misconduct regarding the case.

see CNN link
http://www.cnn.com/2006/LAW/12/29/duke.lawyer.ap/index.html

Saturday, December 16, 2006

The Duke Case

This case from the start looked to be a jumble of contradictions, as always - someone is always lying. Recent test results made public, as to the lack of DNA evidence in the case raises some troubling issues. All Law Enforcement professionals, (the District Attorney included) are expected to know the legal guidelines that they must operate under, and the Federal and State Case Law which guides them in safeguarding the rights of the accused.

Two areas which have been ruled upon, and are well know to professionals are those that relate to pre trial Identification (the line-up) and the release of exculpatory information to the defendants, by the prosecutor. These are basic, simple concepts. Now it appears that the prosecutor in the Duke case has made fundamental errors in both these areas which will not only end this case in favor of the defendants, but will raise the issue that perhaps these defendants are being victimized by incompetent District Attorney. Local politicians have asked the U.S. Attorney General to look into the bumbling of the prosecutor. A more likely end result will be a rights violation case brought by the defendants after this case falls apart. The North Carolina Attorney General should replace the District Attorney on this case to preserve what’s left of this case, and the rights of all involved - potential victim, and defendants as well.

Saturday, November 18, 2006

O. J. and the Criminal Justice System

The new book “If I did it” by O.J. Simpson is garnering headlines in anticipation of its release
On November 30th. An upcoming interview of Simpson on the Fox Television Network is to follow.

A number of issues have been raised regarding this book, other than the obvious is it a confession?
When Simpson was found Liable for the Death of Ron Goldman in a civil trial in 1997, eyebrows were raised, a Financial Judgment was determined, and the case slid into the back pages. With the exception of the occasional article about who Mr. Simpson was golfing with, and what Country club chose not to accept him, he stayed out of the headlines. The fact that the Victims family was deprived of the financial Judgment got little press, although it has been mentioned recently. Is Harper Collins, or its subsidiary
Regan Books going to cut Mr. Simpson’s paycheck directly the Goldman family? Probably not.

Hopefully the recent headlines will get the attention of those who are unfamiliar with the inner workings of our Criminal Justice System. The attention the system gets usually follows a case or decision where financial or social inequity is blamed for an controversial outcome. Upon close scrutiny, the fact remains that the system is not always fair. The exclusionary rule in this country is what often frees both the innocent and the guilty, when the Justice system fails to act within guaranteed rights or case Law as determined within Federal Circuit Court Jurisdictions. The system does a great job in protecting suspect’s rights, but how high will the civil court system jump to get the Goldman family their Judgment.

The point the public needs to remember is that in dealing with the Criminal Justice System in this country we always get the system, but we don’t always get the Justice.

Link: http://www.cnn.com/US/OJ/simpson.civil.trial/index.html

Thursday, November 16, 2006

Military Leaders on Capital Hill

The news today from Capital Hill that our Nations Military Leadership opposes
A timetable for withdrawing troops from Iraq sends a cold bucket of water into the faces of our newly emboldened Democratic Leadership. Nancy Pelosi and Carl Levin should have waited a few days before
Proclaiming their quick fix to Iraq plan – and its withdrawal timetable idea. (“Phased redeployment” in Democrat-speak.) It will be politically perilous for Democrats to challenge the recommendations of our Military leadership, for fear of looking like they don’t support the troops. The propaganda that was disseminated in the media prior to the election, led one to believe that the Defense Secretary and the White House were ignoring our Military Commanders. It
Appears that this misrepresentation has helped the Democrats regain control of Congress. Now what ?

How will the Leadership handle this news? How can they keep the public convinced that they have a plan for a new Iraq policy, when they don’t have one at all? Although John Murtha is a distinguished Veteran himself, the Democrats now must see that he can not be the poster boy for their policy, when his views now position him against the opinions of the Military leadership. John Murtha’s usefulness to the party now must be reviewed, his 15 minutes of fame gone, he should be packed away and sent home until another sound bite is needed.

Monday, November 13, 2006

Mid -Term Elections

Midterm Election – Change? …look again.


Yesterdays election yielded a change in control of the House of Representatives, and an as yet–to-be determined change in the composition of the Senate. What message does this election send? And what changes does it bring for the next two years? Solid ideas, were largely absent from the campaigns, replaced by sound bites and buzzwords. Last minute bumbling by Republican leaders in the last several weeks handed the Democrats a win by Default. Now that the Democrats have the house, the spotlight will be on them for action. Now what will they do? On the surface those “mandate for change” sound bites, from the new majority may put a big smile on the face of those looking for a major change in the War in Iraq. Many will be surprised, that the balance of power has shifted very little. The New House speaker has the opportunity spin headlines, appoint committee chairs, and hold hearings to nowhere. The wind may be taken from her sails when the public sees that the new house has very little effect on the Presidents decision making. Our success or failure in Iraq will Fall on the shoulders of our President, the House leaders will not get credit for any improvement the President brings to the situation in Iraq, but will instead, now have to share in the blame if the situation worsens.
This new balance of power encourages stagnation and bottleneck, with Nancy Pelosi as the mouthpiece of the legislative leadership. The Democrats in 2008 will have to run on solid ideas to be successful, a win on the coat tails of republican missteps alone, will not be enough. Should Pelosi and her party fail to effect any change, by the next Presidential election, the voters may very well blame the messenger. The Democrats need to remember, that with Bush’s term limit in 2008 the voters get a change no matter how they vote, and that means that both parties will need candidates with substance – not just
Sound bites.

Wednesday, November 08, 2006

Florida Police Chief Forced to Resign


This past week, it was reported that a Lakeland, Florida Police Chief (Winter Haven Police Department) was forced to resign his job over a tongue–in-cheek, memo he had distributed to his staff. (CNN November 2, 2006) The controversy began when the Chief, Paul Goward, unhappy with the physical condition of some of his officers, sent out the memo to the general membership of his Department, and in it stated “are you a Jelly Belly?” The memo then went on to mention the health benefits of proper weight control, healthy diet, and limiting the use of alcohol or tobacco. In most Law Enforcement agencies, an issue such as this, would at most, raise some eyebrows or generate a chuckle or two – but not in Lakeland. Several officers in this Department apparently, when their feelings were hurt, sent anonymous letters to their local City Manager, and the issue suddenly hit the national media. Initial reports of the incident indicated that the Chief was being judged harshly over the incident, he subsequently ended up being forced to resign.
This story cast a huge spotlight on this Police Department. I’m sure it is not the kind of media attention that its City Government anticipated. When a Municipalities Police agency garners national attention, its leaders should hope it is about that “Big Case”, the Department solved, or about how officers rescued a person from a “Burning Building”. Public officials in this City, just received a tough lesson in how small town politics, can rapidly escape the back meeting room and run straight for the hills of national attention. Municipal Managers and leaders must constantly remind themselves that their decisions must be made in the best interests of the community, and the many – not the few. Taxpayers expect a great deal from their public servants, and deservedly so, they also should expect that decisions made by their leaders are not based on anonymous complaints, or politics.

Tuesday, July 18, 2006

Court rules Capital search Legal.. No surprise here.

Small tiny headlines as the media for the most part, ignores the recent court ruling that the search of the accused Congressman's office was legal. I Wonder if it had anything to do with the fact that the police had a SEARCH WARRANT SIGNED BY A JUDGE.

Most Federal politicians are attorneys, and as such they should not whine about being subject to the same laws as their constituents. Perhaps Congress could get more work done on the legislative agenda if they were to spend less time focussing on their personal agenda.