Open Letter to the Minneapolis NAACP branch executive committee
Re: Hollman Consent Decree, October 17, 2003 Court Hearing
From: Doug Mann
Date: October 14, 2004
 
I urge the Minneapolis NAACP branch executive committee to instruct its 
counsel of record in the matter of Hollman v. Martinez, Thomas White, to request a 
continuance to allow the branch to consider recommendations from a special 
branch membership meeting held on October 8, 2003. 

At the special branch meeting on October 9, 2003 (for electing delegates to 
the state NAACP conference) 30 branch members, including president Buckner and 
several members of the executive committee, received unapproved minutes of the 
October 8, 2003 special branch meeting and hard copies of an October 8 Email 
that I send to the NAACP branch and 4 branch officers. 

The branch has not completed the decision-making process mandated by the 
constitution and bylaws of the NAACP, which should be done in 3 steps: 

1) The branch Housing and / or Legal Redress committee should offer 
recommendations to executive committee. Both of these committees were dissolved in 
recent years and not reconstituted. However, there was a special branch meeting on 
October 8, 2003 that did the work that would ordinarily be done by a housing 
/ legal redress committee meeting. 

2) The executive committee should consider and decide whether to accept, 
reject or modify recommendations of the special branch meeting of October 8, 2003. 
The branch executive committee had an opportunity to do that at its meeting 
of October 13, 2003.

3) The constitution and bylaws of the NAACP require the executive committee 
"To decide matters of Branch policy subject to endorsement by the Branch and in 
accordance with National policy" (Article IV, section 2, paragraph f). In 
other words, the bylaws require the executive committee to submit its decision in 
this matter for consideration and ratification by the branch membership. That 
has yet to be done.

REGARDING RECOMMENDATIONS BY THOMAS WHITE
 
The NAACP's counsel recommended support for the City on two issues: 1) 
Amending the decree to change the location of some of the Hollman replacement 
housing. 2) The dispute between the City and HUD about the City cashing in unused 
mobility certificates to fund housing construction. A special meeting of the 
NAACP branch (October 8, 2003) recommended no support for the City on these 
issues.

The City chose locations for some Hollman replacement housing in areas with 
fairly high concentrations of poverty, and in census tracts that have been 
classified as "impacted" since the 2000 census. The City had picked 
almost-impacted census tracks, with NAACP and Legal Aid approval, in order to save 
money. 
The proposed new sites are probably located in what are now almost-impacted 
census tracts as a cost containment measure.  Why should the plaintiffs agree to 
that?  Wasn't the idea to disperse most of the Hollman replacement units into 
low poverty neighborhoods (with higher property values)?  Support from Legal 
Aid and the NAACP on this issues is worth millions, maybe 10s of millions of 
dollars to the City.

The NAACP's lawyer also asked for authorization to support the City in its 
dispute with HUD (federal Dept. of Housing and Urban Development) over cashing 
in unused mobility certificates to pay for housing construction.  What's in the 
fine print of the City's motions? Thomas White, the NAACP's counsel of record 
asked the NAACP to support the City's motions sight unseen. A concern voiced 
by some NAACP members is that shifting the blame for funding snafus from the 
City to HUD might get the City off the hook for building some of the 
replacement housing, if the Judge rules against the City.

The special NAACP branch meeting of October 8 also unanimously approved a 
motion to instruct the NAACP's counsel of record "to ask the Court to continue 
supervision over the City of Minneapolis in the matter of Hollman vs. Martinez 
until the City's obligations are fulfilled and all work competed." 

In a letter dated August 22, 2003 Legal Aid attorney Timothy Thompson had 
proposed, in hypothetical terms, asking the judge to assess stiff monetary 
penalties against the City for further delays in getting the Hollman replacement 
done. Given the history of delays related to events under the City's control, it 
is clear that another deadline without penalties for missing it is not going 
to motivate the City to get the work done on time. Therefore I recommend that 
the NAACP propose monetary penalties for delays beyond the current November 1, 
2004 deadline.

-Doug Mann
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