ret. USN Capt. threatens to sue civvy school brd. for not addressing her by rank

[CougarKing]

Isn't she being a little too petty and turning this molehill into a mountain?

http://www.navytimes.com/news/2009/01/navy_captain_lawsuit_012609w/

Retiree on school board demands rank be used

By Andrew Tilghman - Staff writer
Posted : Monday Jan 26, 2009 10:20:37 EST

A retired Reserve captain is threatening to sue her local California school board if the board's members do not address her by her military title.

Retired Reserve Capt. Noreen Considine, 64, was elected to the Jurupa Unified School Board near Riverside, Calif., in November. She claims her political foes are deliberately disrespecting her by not using her rank when discussing school business.
"It's a way to diminish me. If they take away my title - the one I ran on and the one I'm entitled to - then they have a better shot at demonizing me," Considine said in an interview.

At a Jan. 20 meeting, Considine told the school board they were harming her reputation, violating her civil rights and may be liable under California state laws.
"None should doubt my resolve in this matter," Considine told the crowd, according to the minutes of the meeting.

"Those who think they can act contrary to the law with impunity - proceed at your own peril," she said.

Considine, a medical services officer who retired in 2004, said in an interview Jan. 23 that she hopes her disagreement with the board members does not end up in court.

"I am giving them a chance to stop this nonsense," she said.

Jurupa Unified School District Superintendent Elliot Dushon said Considine said his district is facing a massive budget crisis that may force them to layoff up to 200 teachers in the next 18 months. He said the board members have discussed Considine's title at several recent meetings and he'd prefer they address more student-oriented matters.

"There are bigger issues we have to deal with, frankly," Duschon said in an interview. "This would be the type of lawsuit that would take a lot of time and a lot or resources and a lot of energy that I think would be best spent dealing with the budget."

Lt. Cmdr John Daniels, a Navy spokesman, said the Navy encourages retirees to use their titles in public, but no law requires civilians to address active or retired military service members by their ranks.

 

[armyvern]

"narcissism"

"n-a-r-c-i-s-s-i-s-m"

"narcissism"

 

[Infanteer]

Give her a name plate that says Captain Crunch.

 

[kkwd]

She should bring a lawsuit against the school board. Then she can be called Capt (N) (ret) School Board Member (Laid Off). If the school board doesn't have money left after a suit then they don't need so many members.

 

[1RNBR]

I think someone needs to be knocked down of her pedastel! as it says in the article, the law does NOT require her rank to be used! and besides if your retired I will address you how I want to address you! some people let rank go to their head and are pretty petty about it!

 

[Blackadder1916]

When I first read this story the same thought that many of you may have had came to mind - this woman is very full of herself.  However, the name sounded familar and since she had been in the USN Medical Service Corps, I wondered whether I had might have met her at one time (at a conference or course or some such).  I don't think I did, but a few things did come from my research.  She "might not" be as dingy as it first appears.  She probably is a bit full of herself, but there "may" be a method (and political reason) to her madness and if you ascribed to the notion that to be in politics you have to be half-mad (and conceited) then she is right at home.  And running for a seat on a school board (especially in the US) is as political as running for dogcatcher, tax collector, sheriff, police chief, county prosecutor, coroner, mayor, governor or congressman (all positions that are elected offices in some parts of the US).  This article from a local newspaper adds a few more details to the story.

Call her captain, or she'll sue! Jurupa school trustee says Navy title entitles her to special status
http://www.pe.com/localnews/eastvale/stories/PE_News_Local_S_captain22.4767c97.html

By SANDRA STOKLEY The Press-Enterprise 09:59 AM PST on Thursday, January 22, 2009
PDF: Read the text of Noreen Considine's complaint
GLEN AVON - A retired U.S. Navy officer and recently elected school board member is threatening to sue her colleagues if they do not use the title "Captain" when addressing her at meetings.

Refusal to use her rank, which is conferred by an act of Congress, is defamation and "an act of colossal arrogance and profound ignorance of the law," said Noreen Considine, reading from a letter at Tuesday's meeting of the Jurupa Unified School District Board of Education.

"Those who believe they may act contrary to law with impunity -- proceed at your own peril," Considine said in her letter.

Considine, who in November ousted board President Carl Harris from his Area 4 seat on the board, said by phone Wednesday that the board president and superintendent are trying to have all the board members refer to each other by the title "Trustee" and their last name.

"It is not within their job description to assign a title to me," she said. "That is a form of defamation -- to tell someone their name is different than what it is. This is an effort, in my opinion, to put me at a lower level" than what she earned from her military service.

While she doesn't want to sue, "it's not an idle threat," said Considine, who is 64, according to voter registration records.
Navy spokesman Lt. Commander John Daniels said retired officers can use their rank but people are not required to address Considine as captain.

Board President Dawn Brewer called Considine's threat of a lawsuit "despicable," particularly at a time when the district is looking at possibly laying off hundreds of employees due to the budget crisis in Sacramento.

"To think that during a budget crisis a trustee of this district would sue our children. That's ultimately what a lawsuit does," Brewer said. "It hurts the kids."

Brewer called Considine's desire to be called captain "a ploy to elevate herself above other board members."
"I can't do that. It's not fair to the other four board members," she said.

In official voting materials during her election campaign, Considine was listed without her rank and was described as a "retired Navy officer."

Navy records show that Considine served in the U.S. Navy Reserves from August 1973 to June 2004. Considine said she was in the regular Navy for three years, then the Navy Reserve and was recalled to active duty six times, for a total of 28 years of service.

Considine said all her campaign material referred to her as captain and people who voted for her might question whether she really was a captain if her board colleagues stopped addressing her that way.

No SET PROTOCOL
The issue was first raised at the Jan. 5 meeting when Considine repeatedly requested that Brewer refer to her as "Capt. Considine."

In a Jan. 8 letter, district Superintendent Elliott Duchon expressed respect for Considine's title as "hard-earned and well-deserved," but said that "as superintendent, it is critical for me to address and refer to people in their school district role."

Duchon said he will leave it up to board members to develop protocols on how to address one another.

Menifee City Councilman Scott Mann, who served 25 years in the U.S. Navy and retired as a lieutenant commander, said Considine's colleagues should extend her the courtesy of calling her captain if that is what she wants.

That said, Mann said he does not insist that people use his title, including his council colleagues.  "They call me Scott," he said.

During the public comment period at Tuesday's school board meeting, a man who identified himself as a disabled veteran, William D. Fitzgerald, praised Considine for her military service and chastised anyone who would not call her captain.

"It is the duty of all Americans to give military personnel, active and retired, the respect they are due," Fitzgerald said.

If she makes good on her threat, Considine would be the second Jurupa school board member to sue the district.

Trustee Michael Rodriguez filed a lawsuit in January 2008 against the district, Superintendent Duchon and Harris charging violations of his civil rights. The lawsuit was prompted, in part, by the board's censure of Rodriguez after two independent investigations concluded that he had physically accosted and threatened a female district employee, which Rodriguez has consistently denied.

Portions of that lawsuit have been dismissed at the Superior Court level but are on appeal with the Fourth District Court of Appeal.

And the full text of her statement to the school board may add a further shading to the notion that this may be a political tactic.

CAPT Considine’s Board Comments 20 January 2009

Three years ago my opponent in this last election, then president of this board, began to presume authority over other board members – authority not granted by law.  To accomplish this, he harassed other board members, using rude and intimidating conduct and abusive and offensive speech – especially in closed session where he thought his conduct would remain unknown to the public.  Rude and abusive conduct is not confidential subject matter protected by the Brown Act.  The objects of this abuse were board members who were less than submissive to the wants and demands of the superintendent.  Those who gave the superintendent pay and benefit increases, bonuses and engaged in quid pro quo for personal gain were spared abuse and harassment.

The superintendent, in conjunction with the new board president, continues this orchestrated harassment and this rude and abusive conduct towards noncomplying board members..  I am now the object of such harassment.

In the United States Navy the ranks of Captain and above must be conferred by an Act of The United States Congress – no others may do so.  That a superintendent of this school district and a member of this board would presume to have the authority to deprive me of that which was granted by an Act of Congress and protected by United States Code and the Laws of California, is a manifestation of colossal arrogance and profound ignorance of the law.

The superintendent, in an attempt to justify his instructing others not to address me as CAPT Considine, explains in a letter to me “ . . . It is important for the public to recognize you as a trustee . . .”  In the 160 board meeting preceding my election, and in the agenda, and minutes of those meetings, members of this board were not addressed as trustees and no members of the public suffered debilitating confusion.

In this last election, my name CAPT CONSIDINE, appeared more than 150,000 times on signs, flyers and mailers delivered to voters.  The superintendent’s argument that the public may not recognize me as a trustee if my title is used, is disingenuous, a non-sequitur, and his motives are nefarious and clearly political.

One has a protected interest in one’s name, title and reputation.  That interest is protected by law.  Under Title 42 U.S. Code and the laws of California, those interests may be protected liability interests, the violation of which is a violation one’s civil rights.  Additionally, it is an actionable defamation, and may be violation of California Civil Code Sections 43, 44, and others as well, and the perpetrator may be liable for harm done therefrom.

It is not within the superintendent’s purview, or that of any board member, to interfere with my name, title or reputation.

For political and personal gain – that the superintendent, along with one or more board members, would – once again – drag our school district into additional and unnecessary and costly litigation – is unconscionable.

None should doubt my resolve in this matter.  Those who believe they may act contrary to law with impunity proceed at your own peril.

At first glance to the headlines that this story generated, one would think that Capt (ret) Considine (just in case she gets mad at me) is a 'little eccentric' (to be polite) but digging deeper one can develop an impression that this is not a person who has strayed from reality.  She is an industrial hygenist (first female to be commissioned in the USN in that occupation) of some minor note judging from articles she (co-)authored in professional journals.  It is not the first time that she has been at odds with the current superintendent or other board members based on some old news articles and minutes of school board meetings and the election that saw her defeat the previous school board president was reported to be notably bitter and nasty (on both sides?).  This, I think, is a woman with a very strong (political) agenda and the current odd-ball story is simply a tactic in her campaign.

 

[Michael OLeary]

I wonder if a retired Doctor had joined the board after running on the strength of that professional background, if they would also have refused to address him/her as "Doctor."

 

[Cloud Cover]

I wonder : under California law, is a school board trustee or school board president a civilian or a holder of public office?

 

[a78jumper]

The Ottawa phone book used to be full of retired old farts that had listed their phone numbers as Col so and so....one LCol I used to work for is still as such more than ten years after he retired. I suspect about all he has left in life is his rank...not the type most would associate with voluntarily.

My mother tells a story from her youth being required to address a WW! army veteran in the village she lived in as Captain X, and he got really angry if not spoken to as such. Just another method of raising one's self above the peasants. We had a good laugh when I got promoted to such as she grew up thinking a Captain was some high level military rank because of this fool. At the end of it all, I am sure his poop stunk like just the rest of us.

This woman falls into the same category as the above, a turd.

 

[Infanteer]

That said, Mann said he does not insist that people use his title, including his council colleagues.  "They call me Scott," he said.

That guy is the wisest one of this whole bunch....

 

[Pelorus]

Some people just seem to have a hang-up about formalities and official titles, while others do not.  One of my old professors, on the first day of class when a student asked how to address him, replied "My official title is Dr.So-and-so.  I also respond to Professor, Milton, That Guy, or 'Hey You!'".

 

[HollywoodHitman]

Well, regardless of how it looks, if she is using it for political gain, she's succeeded in getting people to talk about her good or bad.

 

[FormerHorseGuard]

I sort of see this Captain's point. If you are Doctor , judge, or another job that  has a title to go with the position, they  always seem to use the jobs title as way  of introducing  the person to the public.  The miltary  looks upon the word Captain  in the army, airforce, and the marines as a ranks, but once you a re a ships Captain, the title is a internationally  known as the person was a ships Captain. ( if this person had a sea related rank, i know sometimes Captains in the navy never set foot aboard a ship let alone command it) But if you  are a ships captain, even after retirement you  are a ships captain in some places and it follows you thru  life.
i know a lot of army  officers upon retirement still use the rank as a title and way to show the past importance of their careers to further the nextr career.
so i would like to see how this case ends.
just my  thoughts

 

[1feral1]

She is just being a stupid arrogant woman as far as I am concerned.

Shakes head.

OWDU