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Background information on a case
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Bob Ensley
[Full Interview] [Topic Top]
I can remember we
had a situation where Oscar Lawreck was a black farmer in a time when they were foreclosing a
lot of loans. This black farmer, in rural Georgia, attracted all these militia men out of Oklahoma,
and even had armored buses to protect his property. Every day at 4 o'clock, they'd get bails of
hay like that and go out there and blast them with machine guns and everything. They were going
to
foreclose, only because his three sons mismanaged all the loans. They were buying new tractors
every year which they didn't need. They were just being built by their local distributors and they
ran up a debt with the farm administration and local banks, so they were initiating foreclosure
procedures. Farmers from all around were there in support of Oscar Lawreck until this one
white farmer from about 50 miles away said, "When you come to my farm, you'd better bring
your
damn caskets and your undertaker because somebody is going to die." What in the world did he
have to say that for? Do you know the next thing that they did? They went to his farm.
Law Enforcement and Federal Agents called the wife and told her to
come back and get everything out of the house that she wanted because they were foreclosing
and taking possession of everything else that she couldn't move out. So his mouth got
him in trouble. I tried to prevail upon them and they said, "No, we don't take this kind of threat
lightly. We need to show that we're serious about this. He said it and now we're going to do it
and show him that he's not bigger than the Federal government." So, many times people say
things and they act without thinking. I understood what he was saying. He was angry, and I
don't know how sympathetic he was with this black man. I know he understood that the man
was about to lose everything he worked a lifetime to accrue. He had a family, a wife, and
children, and to come home and tell her he can no longer go on that property, and that his wife
had taken everything that she thought was of value would have been very traumatic. I was there
the day it happened, but I never went back. There's always something else I should have done.
I've never been completely satisfied with myself. Could I have done more?
Bob Ensley
[Full Interview] [Topic Top]
I can remember we
had a situation where Oscar Lawreck was a black farmer in a time when they were foreclosing a
lot of loans. This black farmer, in rural Georgia, attracted all these militia men out of Oklahoma,
and even had armored buses to protect his property. Every day at 4 o'clock, they'd get bails of
hay like that and go out there and blast them with machine guns and everything. They were going
to
foreclose, only because his three sons mismanaged all the loans. They were buying new tractors
every year which they didn't need. They were just being built by their local distributors and they
ran up a debt with the farm administration and local banks, so they were initiating foreclosure
procedures. Farmers from all around were there in support of Oscar Lawreck until this one
white farmer from about 50 miles away said, "When you come to my farm, you'd better bring
your
damn caskets and your undertaker because somebody is going to die." What in the world did he
have to say that for? Do you know the next thing that they did? They went to his farm.
Law Enforcement and Federal Agents called the wife and told her to
come back and get everything out of the house that she wanted because they were foreclosing
and taking possession of everything else that she couldn't move out. So his mouth got
him in trouble. I tried to prevail upon them and they said, "No, we don't take this kind of threat
lightly. We need to show that we're serious about this. He said it and now we're going to do it
and show him that he's not bigger than the Federal government." So, many times people say
things and they act without thinking. I understood what he was saying. He was angry, and I
don't know how sympathetic he was with this black man. I know he understood that the man
was about to lose everything he worked a lifetime to accrue. He had a family, a wife, and
children, and to come home and tell her he can no longer go on that property, and that his wife
had taken everything that she thought was of value would have been very traumatic. I was there
the day it happened, but I never went back. There's always something else I should have done.
I've never been completely satisfied with myself. Could I have done more?
Bob Ensley
[Full Interview] [Topic Top]
Question: When the Nubians initially came in, did they not want to be part of this community?
Answer: No, they came in with the idea that they were going to develop this land that they call East of
Egypt and that it was going to be like a theme park. There would also be residences for people
to live in, as well as a teaching facility and a place for worship services. Many people want to
call it a cult or a group but it's not, and it's not a compound. I'd refer to it as a village, and the
commune wants to term it and describe it as something that's going to result in another Waco or
Ruby Ridge. These people are highly intelligent and I've spent an awful lot of
time there and I've learned so much about some of the things they do. Dr. Urich, Moaki Urich
has a great deal of vision and they have money from their bookstores. Also, they have what they
call they're Zedfest, which runs from June 24th to July 4th and it's a period of eating and
festivals
and praying and so forth. One rainy Sunday they had 6,000 people come. They had 300 from
England. They could charter a plane. They had them from all over the world -- Hong Kong,
Japan, all around. They had over 35,000 people
there during the days of the Zedfest. So here's what the city did. This shows you how
calculating and how hypocritical some of these officials are. They went out to the compound, as
they called it, and closed every one of their food centers, where they would sell food. They said
they didn't meet sanitary codes and this and that. Everything. You want to know why? They
want them all to buy food from the local white establishments in Eatonton, Ingalls Department
Store. Ingalls is a food chain here in rural Georgia. That parking lot stayed full. That
delicatessen counter would sell out everyday. All of that and it was done simply to increase the
sales of the local establishment.
Edward Howden
[Full Interview] [Topic Top]
Question: How did you decide when was the right time to bring those two
parties together?
Answer: Now here let me switch to the other case which involved the neighboring small town that
had
a different kind of a water problem with the tribe. That problem had to do again with the
absence of formal historical legal documents. About a two-mile stretch of pipeline that served
this neighboring community from a spring many miles to the north went across part of this
reservation, and it was an old six-inch cast iron pipe that everybody knew had been leaking. The
town had a need to replace that pipe with a non-leaking pipe, so they needed the tribe's
permission to do this. They knew there was an easement across the tribe's land, but the records
were lost. The tribe had a small community at the west end of the reservation, a tiny community
that had only about three households in it, and they didn't have any piped water. So the tribe,
knowing the town wanted a new easement, said, "Ok, we want water." The only water they'd
been getting for this tiny community was trucked in from about a mile away. There had been an
understanding that they had a cattle watering tank that came out of the town's water. It was
understood on both sides that the tribe was supposed to get some water, but this was the only
water they were getting for many years. The tribe was concerned, so I contacted the head of the
town's water council, who was very much interested in mediation. There were lot of tangles and
problems due partly to the great distances between the town and its attorney who lived at least a
four or five hour drive away. On one occasion the tribe was a little short of funds and we had a
delay of some months because the attorney's fee was not forthcoming. There was a standstill for
quite a few months on that. I kept sort of nursing it along, keeping folks interested and pushing
toward the objectives, and of course there were on-site visits and discussions of the water line.
There were gaps of understanding and serious differences over what could be done and what
could not be done. Eventually, after having been in and out of the scene for something like three
years, eventually we began to shape up the draft of a possible agreement that went through
several drafts and discussions. The final result was almost fours years before we got it nailed
down.
Dick Salem
[Full Interview] [Topic Top]
I want to say at the outset in discussing this case
that prisons have changed considerably since I did this mediation. Gangs and drugs were not a
major factor in those days. So what we accomplished in the early 1970’s might not be possible
today. Minnesota had a very progressive system which focused on community corrections.
Whenever they could, they would put people in community settings rather than behind bars. So
the people behind bars were the most serious offenders. The youthful ones were at the State
Reformatory for Men in St. Cloud, about 75 miles from the Twin Cities. The background is that
in an effort to change with the times, the reformatory superintendent did some things to recognize
racial differences, and in the process, he inadvertently exacerbated racial tensions within the
institution. St. Cloud had about 450 confined youths. white males predominated. There were
about 25 American Indians, about the same number of African Americans, and five or six
Hispanics. To help compensate for their minority status, the inmates of color were permitted to
organize "culture” groups that had certain privileges. They had outside advisors who came in
and worked with them. They could maintain a cultural organization with an office, telephone
and staff person within the institution; observe ethnic and cultural holidays and conduct a
banquet with outside visitors once a year. This would in some ways compensate for the
Alcoholics Anonymous and Junior Achievement chapters, or other activities in which only white
inmates participated. Everything that moved in that reformatory moved racially. There wasn’t
much crossing of lines.
Question: Why did this cause a problem?
Answer: At first the culture groups worked fine. Then the white inmates, seeing the esprit,
cohesiveness and sense of community enjoyed by racial minorities, decided that they needed
some organizations. So all of a sudden there was a German culture group, and then there was an
Italian culture group, and they were granted culture group status by the administration. The
German American group was actually a block of inmates devoted to racist activity and they
provoked fights with the black inmates. Rioting broke out on several occasions and some of that
found its way into the Minneapolis newspapers where I learned about it.
Dick Salem
[Full Interview] [Topic Top]
The last issue, and we were saving this one, was the Inmate/Staff Advisory Council,
ISAC, that would be established to deal with future problems on any matters unresolved from our
agenda. ISAC would be there, and the question was who would be represented. Everybody
agreed the culture groups should have representation. Nobody felt they shouldn’t have special
representation. Every cell block plus culture groups. That’s when the Italian leader said, not
the Italians. He understood. He'd grown some in that process and there was a lot of that kind of
transformation. An angry Hispanic inmate said to Charlie Davenport, the associate director who
was viewed as compassionate and a friend of the inmate, "You don't even know my birthday.
You don't care about me. You deserted me, you took a promotion to be associate director. You
used to handle programs, now you're associate director. You deserted me. You don't care about
me. You don't even know my birthday." That was a stinger. People saw how they were seen.
So they set up ISAC, and the big controversy was if there is a reorganization of the institution,
will they still permit the inmate groups to come together in culture groups? The answer was yes.
The administration yielded on that critical issue. That was a big concession, but it also was the
last issue.
Dick Salem
[Full Interview] [Topic Top]
When Gerald Ford, unexpectedly acceded to the presidency of the United States, I checked on
Grand Rapids, Michigan - - his home town - - where we’d had little activity. We had one case
there over the years regarding a museum that was unearthing an Indian mound, and there was a
conflict over the bones, whether they go to the museum or the Indian group. Other than that, we
hadn't had a Grand Rapids case in a dozen years. All of a sudden we wanted to know what was
happening in Grand Rapids. So I took my senior mediator and we went to Grand Rapids to meet
with the head of the Human Relations Commission and the head of the NAACP to establish
some relations in the President’s home town. That was a practical, political, but also
programmatic response. We never did very much there after that because there wasn’t a call to.
When there was a volatile Indian fishing rights dispute in remote northern Wisconsin, we took
information on the phone and Efrain Martinez and Werner Petterson made an initial site visit.
Martinez stayed with the case. It was one of the best he ever did when he was working out of
Chicago. The reservation was in the district of a congressman who was on our Appropriations
Committee. So that made it easier for me to commit our sparse funds for travel to a remote area.
The congressman was essential to CRS’s funding and survival, so this was a way to be sure he
was aware of the important work we were doing.
So, getting back to your questions, during the alert stage, we always would talk to people who
were involved on all sides of the conflict and then let them know if we were coming in. Only
rarely would be go on-site without an initial phone assessment.
Dick Salem
[Full Interview] [Topic Top]
Answer: Yes or some other critical reason. For
example, we had a call from rural Ferris State College in Michigan, where they had been
recruiting black students for the first time. The black students were being intimidated by white
students who kept their hunting rifles in their rooms. There was some serious intimidation, and it
was apparent to call that this was a serious matter. The alert came from the state NAACP, I
believe. The handful of black students on campus were being intimidated, their parents were on
campus and the college president had refused to meet with them. C.J. Walker, in our Detroit
office, phoned the President and told him he was coming in. We stayed close to C.J. on the
phone then, because he was new on the job. He just went in there to get the parties talking, to get
something happening. There was no time to fool around there. We had the resources, we had the
person, he was nearby, he got in there, and he got on the job.
That’s the way we would operate when there was high tension or a
crisis. What he did there, incidentally, was to get the parties talking. He got the president to
meet with the parents.
Dick Salem
[Full Interview] [Topic Top]
I’m thinking of another emergency where we got a call from Flint,
Michigan. This was also C.J.’s territory. He worked out of Detroit. In Flint, Michigan, there
had been a policeman shot and killed by someone believed to be black. Police then rampaged
through the black community, breaking into houses during the night and pulling people out of
their homes. I got on the phone from Chicago late in the afternoon.
C.J. was unable to get into Flint until the next
morning. It turned out that the police chief was on vacation, his assistant chief was in control
and clearly couldn’t control what was happening. I called the assistant chief at 4 p.m. and said,
"Mr. Walker is coming to Flint and should be there this evening. If he gets there in time, he’ll
call you and let you know he’s in town. But he’ll definitely call you in the morning.” I knew
C.J. wouldn’t be there until the morning but I wanted police to think the Justice Department
was on their back that night. I don’t know whether it worked or not. This was a case where our
first concern was getting somebody on the scene or at least to have the police chief think
somebody from outside was there observing. Once we confirmed the likelihood of police
violating the rights of citizens in the black community again that night, we did not need a further
assessment to know we had to be there.
Dick Salem
[Full Interview] [Topic Top]
Answer: No. But I started at CRS in June 1968, and the democratic
convention was in August. This was not a racial matter, primarily, but there were a lot of civil
rights issues and there were marches from downtown Chicago out to the amphitheater where the
convention was that went through black neighborhoods. And police would deter marchers by
throwing out tear gas which would waft into apartments and there were racial overtones. So we
intervened.
Question: And what did you do?
Answer: The guys who responded were on the street, I wasn’t doing that. Primarily this was, with
one exception, a black staff; three people from Chicago and one sent in from Washington. What
they did, I suspect, was confront police and alert them to the problem. I don’t know whether
they asked them or told them or what they actually said. We were also on the street observing
the horrendous police behaviors. I can’t say what everybody did, because I wasn’t there, and I
know they weren’t telling me, nor were they telling Deputy Attorney General Warren
Christopher when we reported to him at his suite atop of the Hilton. What I do know, is when it
was all over, five or six of us were sitting in the office when the phone rang and it was Roger
Wilkins, the director of CRS. I’d only been out there about four months; they’d just opened
the office. I was the regional director. They did not consult Mayor Daley on my appointment,
which federal agencies usually did when they appointed regional directors. Often Mayor Daley
would make the appointments himself. But we did not control the flow of federal funds and he
had no use for us, we were like flies on the wall. Roger said on the phone, "Dick put me on the
speaker.” So I pushed the speaker phone button, "I want you guys to know that whatever
happens, you acquitted yourself very well.” It turned out that police had complained to the FBI
and the FBI complained to the white House that we were running around telling police what to
do in Chicago. That's how Roger started the conversation, "Dick, did any of your people tell the
police what they should be doing?” And I said, "Guys?” "No.” So who knows what happened
in the heat of things? That’s the report that came back to the mayor and they wanted us out of
there. It wasn’t important enough for them to pursue and the issue died. But at that moment, it
sounded like we were all going to be working somewhere else. So yes, there are times the public
officials let it be known they don’t want us around. Very often, if someone would complain to
Washington, the letter would go to my boss and it would go to the Attorney General, as it did in
Richmond, CA. It would come back down to my boss for the AG’s signature, he’d send it to
me, so that I would draft the response to the complaint against me, send it back to him, back to
the attorney general, back to the complainer with the AG’s signature.
Dick Salem
[Full Interview] [Topic Top]
Answer: Well that’s another tangent we’re going into. I wrote a case
study about the Skokie-Nazi conflict for Mediation Journal in about 1983. This was a group of
neo-Nazis who were demonstrating regularly in the Marquette Park in Chicago and they were
vile and intemperate in their language. It was a white neighborhood in an area where there was
black housing. The whites viewed it as encroachment on their neighborhood. These were largely
Eastern European families whose homes were their lives, and their savings. They would make
their weekly mortgage payments at the local S&L, building their equity in their homes. Now
they saw all this being threatened as blacks moved in block by block. So while these
homeowners would not accept the values being espoused by the neo-Nazis in Marquette Park, as
soon as their homes were threatened, they felt really threatened and they were sort of glad about
that storefront neo Nazi office in their neighborhood. Every so often, the neo-Nazi group would
step out of their area and go into a Chicago area which was black and there would be some
violence. Then every so often, a black leader seeking some recognition, not the main line
leaders, but some young mavericks, would want to march into Marquette Park area and then
there would be some violence. There was police action, nothing heavy, but enough to cause
major publicity and stone throwing type incidents.
But after one of those incidents, the city passed an ordinance. The Chicago Park District
refused to permit any group to demonstrate in Marquette Park with 75 or more people unless it
had a permit. The neo-Nazis never had a membership of 75, but their leafletting drew large
crowds so they were told to get a permit. The neo-Nazis refused to apply for permits and
ultimately were banned from Marquette Park. They then wrote letters to about 75 suburbs in the
region threatening to come to the suburbs. Most of suburban officials discard letters, but Skokie,
which has a large Jewish population, including many concentration camps survivors, warned the
neo-Nazis to stay out and that started an engagement.
Skokie passed some ordinances, which later were stricken down, banning Nazis from
demonstrating there. It became a cause for neo-Nazis throughout the nation. The ACLU
accepted them as a client and it hurt the ACLU considerably. There were fine legal scholars at
Northwestern and elsewhere who supported the ban. Then there was state legislation introduced,
banning neo-Nazi marches anywhere. The neo-Nazis were really a rag-a-tag band of Keystone
cop-type guys when they came out in their uniforms and wooden shields. Their vile language
and hate messages inflamed the Jewish community and many others as well. It appeared there
would be a demonstration in Skokie so Werner Petterson went into that case to advise Skokie
officials on matters related to policing and handling demonstration crowds. If you had a handful
of Nazis saying they were coming to Skokie, you were going to have tens of thousands of people
from all over the country planning to come to Skokie to counter-demonstrate.
So on the one hand, we worked with
city officials and the police. I joined them in some of these meetings on techniques for
minimizing the likelihood of violence, as the Skokie police had no experience in this. We got
Commander Jim Reardon from the Chicago Police Department to help us. He had worked the
Democratic Convention years earlier. He talked to them about crowd control. We
visited with the state police and discussed what support they were giving and how.
We met with the leadership of the Jewish community to talk about ways to
minimize confrontations by planning their counter-demonstration at least a mile away from the
neo-Nazi site to discourage people from interacting. Then, maybe a small delegation would walk
over there with their candles or something in silent protest. All of this sounded good, but there
was going to be thousands of angry people.
The momentum was building. Conditions were inflamed by
newspaper headlines about the determined neo-Nazis. A newspaper reporter told me that a travel
agent in his home town of Los Angeles had booked 2000 charter seats to Skokie. President
Carter had a political rally at a Skokie high school prior to his election some years earlier and tied
up traffic in the village for hours one evening, so you can imagine what would happen. Then you
had the Burlington, Vermont veterans of foreign wars saying they would pitch tents in Skokie.
You had people from Europe who said they’d be there and then you had the controversial
Jewish Defense League saying, "There will be blood in the streets of Skokie,” and putting ads in
the Jewish Forward media saying, "Send us $50, Send a Jew to Skokie.”
It was obviously going to be a catastrophe and everybody saw
this and nobody wanted it. And there we were, the only ones meeting with all of the parties. So
it was just natural to turn it to mediation. We were under constraints from the ACLU attorneys.
They understood who we were, but they didn’t have much respect for anyone who did not
declare their position. But they needed us. We met Frank Colin, the Neo-Nazi head, just to talk
to him, and we worked with Eugene Dubow who headed the Chicago office of American Jewish
Committee and was coordinating counter-demonstration work greater Chicago area. He was very
supportive of what we were doing. We tried to get Chicago Park District to consider opening up
its park to prevent serious problems in Skokie, but they wouldn’t talk to us.
Dick Salem
[Full Interview] [Topic Top]
Question: We want to direct our attention to
Wounded Knee, which is one of the highest profile cases that CRS was ever involved in.
Perhaps you could just tell us a little background on the conflict, what it was about, what was
going on, and how CRS got involved?
Answer: The American Indian Movement (AIM), which was the first national and highly publicized
civil rights organization representing the interest of Native Americans, had been conducting a
series of demonstrations and protests around the country, trying to call attention to the
government's miserable treatment of them and their concerns. They were protesting the
horrendous disregard of their culture by the federal government and its to acknowledge and
address the violations of treaties that had been signed with American Indians. While I was
working on an Indian rights case, I recall the late Judge Noel Fox saying to me, "If I have to go
by the law on this, I’d have to give all of western Michigan back to the Indians. That included
Detroit, of course. There was no voting constituency for politicians, so there was very little
political incentive for the Congress to help. There was a caravan to Washington that started on
the West coast to take over the BIA building in Washington. There was a lot of damage to the
building, which hurt the image of the AIM and its supporters. They skillfully negotiated their
way out of that.
So they were in a protest mode, and demonstrating in the
Midwest. A caravan was headed to Pine Ridge Indian Reservation in South Dakota. That was
out of my region, but earlier we had responded to some American Indian protests before CRS
opened a Denver office. We had responded to some things in Nebraska, an incident involving
the fatal shooting of an American Indian by some white ranchers. I was told to relinquish three
of my younger staff members to accompany the American Indians march through the plains
states, which was headed to Pine Ridge. John Terronez, Efrain Martinez, and John Sarver. They
were reporting directly to Washington and I would only touch base with them peripherally.
My initial interest was getting them back to work in my region. The team was
accompanying AIM on its marches and helping to prevent problems along the way. As the
American Indians would come into a community, CRS would perhaps precede them, talk to the
sheriff or other local officials and try to help clear the way, give them an escort through town or
let them sleep in a local park.
They got to the Pine Ridge Reservation specifically to protest the actions of Dick Wilson,
the elected tribal chief, who was accused of nepotism and improper use of federal funds and civil
rights violations. They got to Pine Ridge Indian Reservation and the Feds were absolutely
petrified because of the disastrous experience at the BIA building in Washington previously.
They thought they were going to take over the two story brick building in the town of Pine Ridge.
Question: How many people were involved in the march?
Answer: Oh, there were a few hundred marching. I don’t know how many at this point, maybe
150-200. They weren’t heavily armed. I assume some had some arms, but they weren't
intending any takeover at that time. But the BIA had stationed troops, US marshals were there,
Wayne Colbert, head of the Marshal service was out there. Troops were on the rooftop of the
two-story BIA building with machine guns, ready to prevent any possible takeover.
I recall talking to John Terronez after the effort to have Wilson recalled had ended
unsuccessfully. John told me, "Looks like we’re done. They are breaking up now and they are
headed out and we are going to pack our gear and head home.” What neither John nor anybody
else knew was that the caravan was going to the historic village of Wounded Knee on the
reservation was going to take over the village. Russell Means talks about how this was kept
secret because they thought people would be afraid, and they didn’t want word to get out.
When the caravan got to Wounded Knee, the leaders announced, to the surprise of many,
including the CRS staff, that they were staying.
Question: Who was living in Wounded Knee?
Answer: It was a village. There were American Indian families there and some white ranchers as
well. Pine Ridge reservation was a desolate place. There were some jobs there, but at least 70%
unemployment. It was February. They stopped there and took over that village. They didn’t
hurt anybody; people were free to leave. For the record, -- Russell
Means doesn’t tell it this way in his book, he says AIM communicated directly with the FBI
Chief Trimbach the stories I heard was that Terronez and Martinez, both Mexican Americans
who could be confused for Native Americans, and Sarver came out of Wounded Knee to the FBI
officials up the road with AIM’s list of demands. The FBI chief immediately placed them under
house arrest, notwithstanding their Justice Department credentials, the same as the FBI carries. It
took a day until John could get through to Washington and get released. But they brought up the
list of demands and thus started a saga, 73 days at Wounded Knee.
CRS sent a team in to try to serve in the mediational and
intermediary role. The FBI was there, Bureau of Indian Police, customs officials, they needed all
the police types they could get there. There were rifles and firing and a few killings. CRS
responded with a cadre of field representatives - - conciliators and mediators -- who were housed
in a church in the town of Pine Ridge, five to ten miles out of Wounded Knee. There were
blockades along the road. The first road block was maintained by the tribal chief, Wilson’s
people. Then the FBI had a road block and the third road block was the American Indians right
outside of Wounded Knee. We established our base in a church. There were beds and phones
and a few rooms and we had anywhere up to a dozen people there at a time, doing a variety of
activities. We would transport people in and out in conjunction with the other Feds. They knew
we were there, but they didn’t accept us or like us. You had a situation where you had FBI
agents who are really trained to work behind desks or in urban settings, and there they were out
there in the plains and the cold. You had BIA police, and customs police, perhaps, and Marshals
and none of them were very happy there. Many of them weren’t getting overtime and their
families were back home. There were bunkers that the AIM members had built. There were
armed people in them with gunshots going off at night sometimes. There were shots fired into
the place. That was the setting.
Nancy Ferrell
[Full Interview] [Topic Top]
Ok, that one I became aware of through news articles. The Klan
was distributing flyers at a state university in Oklahoma, so there were some demonstrations and
counter-demonstrations on campus. Our mandate allows us to initiate contact with parties, and I
might say that's probably one of the most critical elements of the agency’s mandate. I think it's
the only federal agency that can initiate contact with a community or citizen, without first being
requested to respond to some event or some violation. So because we had that freedom,
I made contact with some of the student
leadership that I was aware of; some of the black student organizations, a Hispanic organization,
and a Native American organization. I'm going to have to back up, because
the real impetus was a fraternity party and it was an event that had occurred every year for a
hundred years on that university, called the Plantation Party. The fraternity boys would go to one
of the matching sorority girls’ houses, and they went in black face and they went as slaves or
with nooses around their necks. It was very egregious, and yet from their perspective it was a
common event that had occurred; a tradition that had transpired every year for a hundred years.
Question: What year are we talking about then?
Answer: This would probably have been '90, '91 somewhere around there. So, that was what hit the
paper, that the Klan was distributing flyers supporting the fraternity. The students obviously
demonstrated against what had happened at the fraternity and sorority. The minority groups
wanted the fraternity banished immediately. Since this was a traditional event that occurred, that
had not caused any reaction for a hundred of years, the university was saying, so, what happened?
What's the deal? Why did somebody get upset this year? Why didn't they get upset last year? It
was an event where a minority had the courage to say, "I'm upset. This is not right. There's
something wrong." So that raised the awareness and the consciousness. So the entry was the media being aware of that. I made contact with student groups and
with university officials. The Vice President for Student Affairs and the Vice President for
Academic Affairs were both very open to our intervention. They wanted to do whatever they
could to make a change. They didn't have any resistance as far as them trying to say it wasn't
egregious or that they didn't need to do something about it. It was very positive.
Part of our approach was that you go to the highest level for entry and
so I needed to talk to the President to find out if he was open to us going
in.
Nancy Ferrell
[Full Interview] [Topic Top]
Question: Go back to what
you just said about the woman in the housing authority, where you came into a meeting for 4
months. That sounds interesting. Tell me about what was going on in that case.
Answer: There were allegations of the housing authority not responding to tenants, and Tulsa became
one of the prime targets of the housing authority investigation. The housing authority was
siphoning money and spending it on other stuff, so the housing was falling apart. The minority
groups living in the communities had complained to us because by then some of the players knew
me and asked if I would come in.
Silke Hansen
[Full Interview] [Topic Top]
In this case, there was competition among a number of vendors serving the same clientele and some had arrived there fairly recently and the others were more old-timers. So these newcomers, as interlopers, were cutting their prices to undermine the other companies' business and they were lowering their standards and providing a poor product. As a result of that, their appearance was detrimental to all of them. So one of the things that they wanted to talk about is how to not undercut each other by having a similar price structure.
When I discussed that with the antitrust division, the man at the other end of the phone was absolutely appopletic. The poor man could hardly talk. I would say, "Calm down. We haven't done this yet." He was totally hysterical because he had visions of having to go and drag parties into court who would then produce a mediation agreement signed by the Department of Justice Community Relations Service. So he was not a happy camper. I tried so hard to calm him down, but he was absolutely hysterical.
The bottom line is, we could not make that one of the issues to be negotiated. The parties, even though they had agreed to other issues to be discussed as well, like quality of service, appearance, and training, they were not interested in negotiating any of these other points unless they could also talk about the pricing. So we never entered formal mediation or even informal mediation. We had some meetings with the group to explore whether or not to use mediation, but we never actually entered mediation. I think there was a good result though, and this isn't the only time this has happened.
Silke Hansen
[Full Interview] [Topic Top]
For instance I was in South Boston High School back in '74 , '75, when a white student was stabbed by a black student and all hell broke loose. It got to the point where white students formed bans marching through the school looking for "n*****s," as they called them, to attack. I don't mean to justify the initial stabbing, but you should understand that this happened after a long time during which black students had routinely been attacked. They had been harassed, they (the black students) always felt vulnerable, so this episode had a history. I am not defending the fact that one of the black kids had brought a knife and stabbed one of the white students, who was not killed, by the way, he survived.
But all hell broke loose after the stabbing. Teachers were trying to get black students into classes and lock the doors to keep them safe. At one point I knew that there were like 3 or 4 black students behind me, and up came a group of about 15 white kids looking to see who they could beat up. Now I can't stop 15 white kids running down the hall, so I just tried to make myself as big and conspicuous and sort of in the way as I could not to stop them, but to at least give the kids behind me additional time to get out of the way. In fact when Columbine happened, and some of the students were talking about their experience inside the building I had an immediate flashback to the halls of South Boston High School. There were a lot of similarities in terms of the things being completely out of control and the panic and the fear and just being so irrational and feeling totally helpless as to what to do to avoid this. In South Boston, it ended up being an all day event, much like a military maneuver. In no time, word got around the entire community. You had, literally, thousands of white parents and neighbors in front of the building yelling to "get the black students" who were inside, even though that wasn't the terminology that they used . . .
Question: Were they yelling at you?
Answer: Not at me, specifically, at this point, as I was inside. Most of the white students were outside and eventually even the white staff were outside too. But they ended up getting all of the black students and staff into the auditorium which was inside without any windows because they were throwing things at the windows. Then the police came, including equestrian units, to try and move the crowds away, but they'd just come back. They'd move away, and then come back again from another direction.
Silke Hansen
[Full Interview] [Topic Top]
I ended up spending about 5 months in Los Angeles after the Rodney King event and as part of that lump of things. I was involved in arranging for, and then actually conducting mediation between a group of Korean businessmen and the federal, state, and private agencies and organizations that were in Los Angeles for disaster response. That included FEMA (the Federal Emergency Management Administration), the California version of FEMA, the Red Cross, Administration and others. A lot of that ended up being almost like a cultural training, because a big part of the concern of the Korean business people was that they weren't familiar with American culture. For instance they didn't have a clue as to what to do with the dry beans they were being given for food assistance. If they were going to be getting food assistance, they needed things they were familiar with. So we got the Red Cross to look for more fresh vegetables and rice. In some cases it was just a matter of looking at the physical layout of the disaster relief center it was called the DAC Disaster Application Center. I looked at the layout and considered how that lead to or avoided confrontations between inpatient people who needed help. Sometimes we ended up just playing a role in rearranging the furniture in a way that made it more conducive to having people being served at various sides at the same time, rather than having long lines which made people lose patience.
There was a real sense all along on the part of the Korean victim community that they were not being understood, that the severity of their situation wasn't being dually acknowledged and they could not understand why nobody was taking responsibility for the fact that they, through no fault of their own, had suffered all of these losses. They couldn't figure out why nobody had resigned yet -- you know, out of shame, for having allowed this to happen.
And the other piece which was major, particularly early on, was that they did not believe that they were receiving protection from the police or national guard for their businesses. So they ended up forming their own protection force a young adult team which was heavily armed and spent nights patrolling streets of Korean businesses to make sure that they weren't vandalized, attacked, or destroyed.
As they began to go through the process of applying for assistance at the DAC, and then waiting for a response, and looking for help, there was a lot of impatience. Language was a big problem. They were threatening big demonstrations in front of the DAC at first, and later on they did have demonstrations at City Hall. It took awhile to get mediation going. When we were trying to arrange it, there were one or two Koreans who wanted to speak for everyone. We tried to explain that while it wasn't that we didn't trust them, and we were sure they were honorable people, we couldn't take their word for what the entire Korean community wants. We insisted that we have more participation from the Koreans. There were a couple of business associations we got to participate and we had the leader of this Korean young adult team which was doing the protecting service. There were a couple who were clearly sort of elders within the Korean community, too. The entire process had to be bilingual, so I had to have a translator, because I don't speak any Korean at all. These were all day sessions, and we ended up going on for three days. I could never persuade any translator to come back for a second time because they were so worn out, so totally exhausted after one day. So there was no way I could persuade them to come back again. Part of what happened is that some of the Korean victim party who spoke at least some English, so if the translator didn't get it just right, they would jump in and say "No," so this poor person had a very, very difficult time with it. The other challenging thing was that almost everybody at the table on both sides were men, and here I was, a woman, taking charge of the process. But I did it, and it was fascinating, just because of the dynamics of what was going on, some of the interactions among parties. Never mind the actual negotiations between the parties. I ended up becoming very close to that leader of that adult group. He calls me "Mom." I'm his American mother. So we ended up being a very close link into that particular community. They really they were concerned that they receive protection. They would've much preferred that L.A. police do it, so later on, we managed to arrange for some meetings between some of them and law enforcement on how to coordinate security services in these neighborhoods It didn't become a full time vigilante group working in the community, but it was certainly challenging.
Question: Did you provide technical assistance to both sides?
Answer: Yes. I always provide technical assistance to both sides. Now sometimes, the technical assistance required by an establishment side, just for the purpose of kind of grouping them, they require less assistance than the minority community. But I make sure that I offer pre-mediation training and preparation to everybody who's going to be involved. In this case, there was actually relatively little preparation for each. Partly because of the immediacy. I think some people thought they were just coming to a meeting. But I made sure that we kind of put it into a mediation session rather than a free-for-all conversation, because it was the only way to accomplish what we needed to and, well, I'm a mediator, and that's what I do. But I really thought in this particular setting -- we must have had at least thirty people in the room that we needed mediation. We had many response agencies maybe about twenty people, and six, maybe eight Korean representatives. So we had to have some kind of a structured process so this discussion could actually take place.
Part of what came out of that is that, after all the broad issues were addressed, was there were then sort of splinter mediations, if you will, or splinter meetings. And the one that comes particularly to mind was with the Small Business Administration. Besides FEMA, SBA ended up being one of the major sources for financial assistance. They had an excellent director there on-site who really bent over backwards to understand and meet the needs and be flexible. He was one of the least bureaucratic bureaucrats. So that made a big difference. They helped out with business loans, because it was mostly businesses that were destroyed during that time. We helped facilitate the Koreans applications, helping them to apply by giving them technical assistance to make the application process easier.
Question: So the negotiations were basically over what kind of assistance was going to be provided and how and when?
Answer: Yes. And what the procedures would be for making that happen. A lot of it was even just how you get access to some of the leadership of some of those agencies if you know there's a particular issue in your community that isn't being responded to. And in some cases, the time line was a problem, because when people apply for a loan they'll get an answer within a month. But these folks were looking for an answer next week. So how do you handle some of those emergency situations? In some cases, it was just a matter of really clarifying what the procedures are and what has to be done to have to go through that.
Renaldo Rivera
[Full Interview] [Topic Top]
Question: Can you think of a CRS case you worked on that typifies your use of some of the techniques
that you've used over the years?
Answer: Why don't I just start with the most current thing, the World Trade Center attacks. As
immediately as it occurred I happened to be at a New Jersey summit on racial profiling with the
Attorney General and the head of the state police. It was the first one on racial profiling in the
country since New Jersey was the epicenter of racial profiling activity and also the corrective
responses to it. When the first plane hit the first tower, within one minute of the first hit, because
of where I was and whom I was with, Attorney General Farmer and Colonel Dunbar, we knew
the attack had happened. I immediately called all my staff to make sure they were on stand by.
By the time I reached them they were on their way to a job in Long Island, NY, so they stood by
instead of trying to get into the city, which was already difficult. Then the second plane hit the
second tower. So our first approach was to immediately work with state officials. We worked
with the head of the state police in both states. As soon as we had direct information, that's
within the first days, and we were working out of command posts because Lower Manhattan was
completely sealed off, was to work with high level state officials, and the police departments and
state troopers to issue messages of moderation, restraint, tolerance, and vigorous law
enforcement of any hate crime activity. As quickly as it was linked to Middle Eastern terrorists,
we wanted to avoid creating a tremendous backlash against other people who were Middle
Eastern or appeared to be Middle Eastern, which included South-Asian and Sikh populations.
We also encouraged that messaging to go into part of what Governor Pataki and Mayor Giulianni
were saying in New York, that is, while the primary emphasis was on the rescue and the
recovery, we encouraged messages around maintaining this moderation restraint, tolerance, and
vigorous law enforcement of hate crimes.
Question: Did you run into any resistance to your approach?
Answer: Not at all. There was no resistance to the request by the state and local officials. They saw
the clear need. The question was how much air time they could give that particular message in
the context of the immediate recovery effort. What happened is that they provided the messaging
and it would be left on the floor of the editing room. It didn't get out as frequently as we would
have liked. There was close coordination between what CRS was doing here at Ground Zero and
our Washington headquarters, as well as what was going on around the country. The same
messaging we had started to encourage was encouraged to the department in our weekly reports.
The Attorney General also, partially through some CRS input I am sure, began to issue the same
messaging around tolerance, moderation, restraint and vigorous law enforcement of hate crime
activity, any hate crimes in the backlash. Also, the President's office began to use their
mechanisms to do the same when they began to announce that the war on terrorism was not a war
on Islam.I think taking the approach of working with high level officials at the state level, then
replicating it at the national level, was very important in maintaining a degree of restraint in the
local community settings in New York, New Jersey, Puerto Rico, and the Virgin Islands. In
Puerto Rico, we were able right away to work with government officials, with the Arab-Muslim
communities and also to get a moratorium from the U.S. attorney and the FBI and local
protestors, on additional protests on the island of Vieques, because this was a natural time that
the navy was clearly going to resume training in the aspects of the war effort. We needed to
work with local and government officials and community groups there so that the Viequez
situation wouldn't create another source of tension on the island. That was part and parcel of
maintaining community stability. We also knew that in St. Croix a large number of the
Arab-Muslim population was involved in merchant activity, food distribution, food services, so
we needed to alert them as to the possibility of any difficulties taking place there. They then
were on alert, both the federal and local officials and law enforcement. On the New York side,
the city police department was very cooperative. It had already moved to secure Arab-Muslim
neighborhoods along Atlantic Ave. in Brooklyn. We were in support of that so it was a common
thought and step. Also, the Islamic Cultural Center and the Islamic schools in Bay Ridge, which
are the primary concentrations of the Arab-Muslim populations in New York City. So we had
good cooperation from local law enforcement to provide special protective services. Because we
were in the primary investigation area in New York and New Jersey we set up a program with the
League of Municipalities and the Association of Chiefs of Police in New Jersey. The state
Attorney General led the program and then a couple of mayors, a couple of law enforcement
people and CRS. We cosponsored a series of three seminars immediately in central, northern,
and southern New Jersey that focused on building bridges, best practices for police-community
relations. We were able to reach out directly to mayors and chiefs of police. We had more then
200 people participating. We were able to start with the local-national focus and end with the
local-national focus in each program. Again we wanted to get out the message of asking for help
locally in messaging on moderation, tolerance, restraint, and vigorous law enforcement of hate
crime activity. We needed their help to coincide with the messages of the Attorney General and
the head of the FBI and the President, so that in turn we would be able to work more directly
with the rescue and recovery efforts here. We took that kind of approach right from the
beginning while we contacted our federal partners -- US Attorney's office, FBI, etc -- to prepare
them for eventual meetings with community groups that would be affected. In addition to our
direct solicitation of similar messaging at the local level by chiefs of police and municipal
officials, we encouraged each of the state level organizations with which we were coordinating --
with the state Attorneys General offices and their public safety officers and their civil rights
divisions -- so we were providing guidance and technical assistance to them. We already had
those relationships or we forged them and reinforced them, so that the messages they were
putting out to the Arab-Muslim and South-Asian communities would include this kind of
messaging. So, the local community groups, mosques and cultural centers knew that their
relationship with CRS was in tandem and in coordination with the state outreach programs.
What it wound up doing was reassuring the community very quickly and also providing a good
marriage and linkage with high level state officials about federal-state coordination around this
which was reassuring to the communities. It also multiplied CRS resources. They were calling
the meetings. We were aware of them and then our message along with theirs was being placed
everywhere so we could continue with our limited resources to focus on other areas. That was a
general approach.What's happened in New York and New Jersey, since we are the primary
investigation area, is that there has been a degree of tension because there is a larger sweep.
Even though it is focused to identify terrorists in the anti-terrorist effort, the sweep is by the FBI
and coordinates with the local law enforcement and the experience of the communities here is
under greater stress.
Question: Are you talking about the city or the state?
Answer: Well, it's mostly the city and New Jersey because the primary investigation was focused
right here and in Patterson and Jersey City, NJ, where some of the terrorist activity from 1993
was known to have taken place and to be harbored. So there was a larger premium by the
investigative efforts on the Arab-Muslim, and South-Asian communities here than elsewhere in
the country initially. It continues to today. The impact on the affected communities is larger
here. Our effort is to work with and talk directly to the Arab-Muslim community as well as the
South-Asian and the Sikh
communities, to assure them that the focus of the investigation -- the new Anti-terrorism Act --
is designed to go after the terrorist effort and not the community at large. There is some concern
around balancing civil liberties and the primary investigation, but the focus is really on
anti-terrorism. Also, to work with the question of immigration status issues which are raised as
the investigation proceeds. As people are detained and interviewed, their immigration status may
come into question. We are working with the INS and local leadership around those kinds of
questions so that the communities are assured that it is not the INS involved in a wide sweep
again and that raids aren't taking place in communities.We've had good success in developing
relationships with institutional partners so that we can do two things, reduce the level of
community tension, preventing its escalation, and maintain community stability. The other part
is that we have the issues of the primary investigation, which creates different impacts here since
it is larger and more intensified; adverse impacts on the communities. We have to work with
that.
Renaldo
Rivera
[Full Interview] [Topic Top]
Question: I wonder if we could go back to that particular case and talk a little bit about how you got
into it and then what your subsequent actions were.
Answer: What happened was that it was real straight forward. I saw it in a news cast that they were
planning a demonstration for that night and I just showed up. So, we deployed on site.
Question: What sort of community was it?
Answer: It was a Puerto Rican and Latino community with changed demographics. It's an exurb,
already its own city. We deployed on site and all we did at the outset was work with the local
police just so that they were aware, if they hadn't been, and also so that they would have a more
tempered response and they'd have the appropriate officers detailed to this assignment. After the
demonstration I made contact with one of the people who worked in the human relations
commission. They hadn't had a lot of contact with CRS in that community before. So what I
asked for was a chance to get to know some of the community leadership and the others who
were concerned about this issue -- the superintendent's issue -- because it wasn't going away.
What she did, bless her heart, is she arranged a little meeting at her home with the head of the
NAACP, a couple of current school committee people who were opposed to this action, some
former school committee representatives and the Hispanic community leadership so we could
talk about what CRS did and what role we might be able to play. That was a lunch meeting at
her home. It enabled us to go through CRS' mission, activities, capabilities, and things of that
nature. That made it easier for us to work with them when they were setting up their next set of
demonstrations. I tried to get them to get the appropriate permits and if that didn't work to let the
police know that this non-sanctioned activity was going to take place. It also helped us to deal
with the other resources that they began to bring into the community from outside, like the Puerto
Rican Legal Defense and Education Fund, and try to keep everybody on message without taking
away from their advocacy effort. But at least so that it wouldn't be exceedingly confrontational at
public sessions, or if it was confrontational in public sessions, which it did become, that people
would understand the posturing of a public session and still be able to have a private session
subsequent to it when they could dialogue around the resolution of the concerns. What
happened, through some basic lunch meetings at people's homes with people asking for some
help, and then arranging their organization with clergy leadership as well as community
organizations that came forward. We built that set of relationships first because the official side
is much easier, in general, for us to access. At least they'll give us the courtesy of a response
after the second phone call, if not the first, and at least some conversation even if they're not
going to entertain our services. The real credibility needs to be established in the community
setting and that takes time. You need to reach out and then you need to be there with them. The
real influence of CRS is to level the playing field. I think the leveraging of power imbalances as
part of the conflict resolution and mediation work is the key and it's key to all mediation in
general when you have power imbalances.
Question: At what point did you decide that this was a case to stay with as you conducted your
assessment?
Answer: The point at which I decided to stay with it came when they permitted me to go to the
organizing meeting for the next demonstration. We were going to just do self marshalling
techniques and introduce those kinds of skills for them to have. Some of the individuals started
talking about violence against people and property. It was clear right then that it was something
we had to pay attention to at CRS. If some people are going to advocate property damage and
personal violence, then your end is the growing mistrust for public officials and law enforcement
in that community and you're moving towards the two-step trigger process for civil disorder or
civil unrest. At least you have a contingent that's willing to move in that direction so now you
have to try to diffuse that, or at least see if there's enough to do the two-step
process.
Martin Walsh
[Full Interview] [Topic Top]
We discussed the issues and problems. On a Saturday, the
resident assistant, who was African American, had stopped some of the white kids who were
drinking. He told them to stop drinking. One said "No," hit him, knocked him down, and beat
him up. He was kicked outside. It wasn't done by a student, but by a guest of one of the
students. This took place in September and a week later nothing much had been done. Then
there was another confrontation between that resident assistant and a student who came to
another one of the programs and there were other confrontations.
Question: The same visitor?
Answer: The same visitor came back the following week for another event. The resident assistant
recognized him and was trying to get him to be removed from the dormitory or be arrested. The
resident assistant apparently didn't get support for what he wanted to do. That set off a lot of
feeling that the university wasn't doing anything, so the African-American students started to
protest. There were several protests but there was no major newspaper coverage, so we really
didn't know what was taking place. As a result of the protests, the chancellor had set up the
meeting which I mentioned before that appeared in the Boston Globe that Saturday.
The students were upset, not only about that incident but the most
important issue was that they referenced a number of racial problems in the past which the
University had promised to address -- not this chancellor but others -- and the students said that
they were never carried out. There was the whole distrust element that we always talk about as a
critical community dynamic that leads to racial disorders. There was a history of the lack of
confidence in the redress system that led to the very tense situation on the campus.
Question: Was this the background to the explosion after the baseball game?
Answer: No, the baseball game took place in 1986. This was 1992, but that was part of the history,
though. After the baseball game, CRS helped set up a number of meetings and efforts to deal
with what the university was going to do. There were a number of promises and commitments
made at that time.
Question: Student memory was long.
Answer: Yes, and I think it was fostered by a number of the African-American teachers and
professors.
Stephen Thom
[Full Interview] [Topic Top]
Question: Maybe we ought to go right into a case. We asked you to think of a case that typifies your
work. It might be instructive in running it through from entry to exit.
Answer: Well, every case has its own story, its own series of lessons. One of my favorites, without
violating confidentiality, I had a university that was willing to consider returning 550 of its
Native American remains and artifacts after a person from the Ohlone Indian tribe in Northern
California happened to be visiting the university and walked through one of the anthropology
department's storage areas and noticed all of these bones sitting on this rack. She said, "What are
these bones? Why are you holding them?" They said, "Well, this is the Anthropology
Department. We study and let the students work with them, and we use them to practice
anthropological applications." She said, "But these are my ancestors. It's very sacred to us that
they be in the ground." So this Ohlone Indian went and notified other members of her tribal
group, and they began to talk about their ancestral remains needing to be returned. They
discussed the issue and it was unanimous among her family the remains should be
returned.She contacted CRS, and said, "We're very upset about what's
taking place at this institution. Somehow, these remains need to be returned."
I was working with Larry Myers of the Native American Heritage
Commission for the state of California. He joined me, and we decided that we would work this
particular case jointly. The university indicated that it would not go to the
table unless all the Ohlone tribes in the area were in consensus as to how and when the remains
would be given to the Ohlone People. There were all these tribelets that make up the same tribe,
and they all had some legitimate ownership or ties to the ancestors of those remains.
Question: Was this all one tribe, primarily?
Answer: Primarily one tribe in an area.
Question: You said her "family."
Answer: Often times you have families that make up tribelets that make
up the tribe. And they're often are very dysfunctional and at odds with each other. That proved
to be the situation in this particular case. The university felt that if they negotiated with one
tribelet, they may be attacked by another tribelet for being excluded or disagreeing with what was
done to the remains. The only way they would come to the table was if all of the different
tribelets and families unified and had reached consensus on the treatment of the remains before
they came to the table. So that really meant that the Native American
Heritage Commission and CRS would spent months going into sweat lodges and homes over
weekends, meeting with all the different tribelets, to make sure that, first, they would participate
in pre-meetings to prepare for the negotiations, and second get them to come to some consensus.
Question: You were working this alone for CRS?
Answer: I was working this alone for CRS and the Native American Heritage Commission -- they do
mediation particularly in this arena, but asked me to work with them because of my relationship
with the Ohlone People. There were at least six different divisions among this particular tribe
that we had to bring together. Very strong feelings. Some of them had their own burial grounds
and wanted to have the remains given to them so they could have them put into a mission burial
ground. Others felt they'd like to have these things hidden away because they didn't want
anybody to disturb or desecrate the remains, and they all wanted them to naturally go back into
the Earth. That's the spiritual way that most Native Americans believe that remains need to be
returned naturally back into the Earth, so that their spirits can rest in peace.
Stephen Thom
[Full Interview] [Topic Top]
Okay, Vermont McKinney and I had an interesting case where
we were asked by a U.S. Attorney to go into a situation where three Native Americans were
killed by members of a town police department on the borders of a reservation. Some Native
Americans would go into the town and they would get drunk and maybe throw a bottle or
something and it would escalate to the point where they would end up being killed. The police
had killed three Native Americans within six months. So the tribal police said, "Look, don't
touch our people. If you feel they've done something wrong and you're going to arrest them, call
us and we'll take care of our own people." And the townspeople said, "No way. They're in our
jurisdiction, they're ours." Then the tribal police said, "You do it again, and we'll be there, and
then we've got a problem." So that's when the U.S. Attorney says, "Community Relations
Service, we think we could use a mediator." So we sent in, Ada Montare, a former CRS
Conciliation Specialist. She was doing her assessment, and working with the parties, and she
happened to be parked out in front of a store on a major highway. She was getting into her car,
and a car hit her. She was hospitalized with a broken pelvis. She was taken by helicopter to San
Bernadino, and eventually she was brought up to San Francisco where she recuperated from her
injury. It was decided by the Regional Director that we better send two people in there.
| Nancy Ferrell
[Full Interview] [Topic Top]
Answer: Okay. This was
a situation where two different people in an Indian tribe claimed to be the chief. But they both
claimed to be elected. Being chief of the tribe means having control of a lot of money. So there
was interest in being the chief. The person who was in the compound said that he was the chief,
and the people around him agreed. Another man in the community said he was the chief, so he
took his friend and guns and took over the compound. I called in from Lubbock, Texas. It was
routine on a Friday afternoon to say, "I'm coming in, is there anything going on?" "As a matter of
fact there is. This chief in Oklahoma said that he won't do anything until you get there. Will you
go talk to him?" "Okay." I had to drive to where this is. It was noon on Saturday by
the time I got there. When I got there, people were parked all along the highway. I parked and
walked up to where the gate of the compound, and all law enforcement at both the state and
federal levels were there. Bureau of prisons, state police, local police, sheriff's department,
highway patrol, everybody. So here I come, walking up, going in to talk to these people. Law
enforcement thinks, "Yeah right." About that time, one of the Native Americans comes out, gets
me, and takes me in with him. I was pretty new in this; I'd probably been with the agency for a
year and a half or so. The building was like an elementary school, it had the same kind of layout.
I walked in the front door with this fellow, and this was one of those potentially violent
situations. I had called ahead to the compound and talked to the chief. He had agreed not to do
anything until I got there. Also the police and law enforcement had agreed to stay outside until I
got there. The very fact that we were coming gave law enforcement an out for not going in. It
gave the people inside an out for not escalating this thing. The fact that this person is coming
who doesn't have an interest and who doesn't have a gun gave everybody an out to back off.
Otherwise their tendencies move toward violence. I get there, the guy walks me in, there's
nobody else around except him, walking me in.
Question: Which side is he on?
Answer: He's inside the compound with the guy with the guns. I don't see anybody inside the
building. He takes me down the hallway. It's very dark, and I'm beginning to think, "Alright,
what's he going to do?" I could sense people on both sides of the hallway, I could sense there
were people there. It was dark and I was following this guy. I turned to the left, down the hall,
and went to a room where the chief and another person were. I started
doing the interview and asking questions about what their issues were. What occurred to cause
them to take these extreme measures? What was it going to take to resolve the situation? I'm
taking notes, I'm getting everything down. They're telling me, "We should've talked to you a
week ago. This wouldn't have happened. We're so glad you're here." Retrospectively, I realized
that every now and then one of the two people would leave. But somebody else would come in.
So I would start a whole new discussion with them. What do you think is causing this? What
got us to this point? How do we now move ahead without the violence?" I was taking lots of
notes because they would leave and somebody else would come in. This happened for probably
an hour, back and forth. Within two hours, I'm still interviewing people as they jockey in and out
of the room. They're just so pleased I'm there and they think it's going to make all of the
difference in the world. "We're just so glad you could come." So all of a sudden, after a couple
of hours, I realized nobody had come back. One person had left, I'm talking to one, and then this
person leaves. I sat there for about five minutes and nobody came back.
Silke Hansen
[Full Interview] [Topic Top]
Give us an idea of how you became involved in a certain case. What did you do, why did you do it, and those types of things. Also, give us the background for it.
Answer: Ok, this was a case of a national company that had a history of not being trusted by segments of some minority communities. In fact, there had been boycotts specifically organized against this company. There was an occasion where an official from that company made some statements at a public event which were seen as particularly outrageous by the community. That sort of renewed the need for something to happen in terms of the relationship between that company and the minority community. There were some discussions taking place locally and on a national basis, and our agency was able to coordinate, or facilitate, a collaboration among a number of minority organizations that were interested. They all had an interest in trying to approach this particular company, and the company was willing to at least explore the possibility of meeting with this national level coalition to address some of the issues and concerns that had been raised. Some of our national staff helped to make some of the national contacts, but we in this region were the ones that actually worked it. I co-mediated that with Leo Cardenas who was a regional director. We were the ones who went on with the logistics of actually pulling together this coalition of minority organizations, arranging the first meeting with the company, and doing pre-mediation work.
Silke Hansen
[Full Interview] [Topic Top]
We're in Pine Ridge and AIM and Pine Ridge Leadership wanted to march into White Plains to protest. There had been a couple of recent murders which had been unsolved. There were allegations of mistreatment of Indians in the town and that the town was using the sale of alcohol to the detriment of the Native American community. There had been a march the week before which had gone peacefully, but as the marchers got ready to return to the Pine Ridge reservation, others stayed behind. There was some burning and looting and destruction, so when plans were made for another march, there was a real concern that this might become violent. It was at that point that CRS got involved.
Martin Walsh
[Full Interview] [Topic Top]
A police officer in Herndon, Virginia shot and killed an African
American. The newspaper headlines had "Community protests shooting by officer at the 7-11
Store," or something like that. Our first thing was to look at the newspaper article.
We didn't know any of the players at all. There were a couple of
names in there, so the phone calls started as to who was dealing with this issue. There were
some ministers and there was a community group that had taken the leadership role. We talked
to them about what was happening and what they knew about the matter. I said, "We want to see
if we can be of assistance. I would like to sit down with your group to explore this thing."
Stephen Thom
[Full Interview] [Topic Top]
How did you know the issue?
Answer: I had worked with her on some other cases, and she had alerted me that she was in touch
with the institution, and that she was going to see what she could do to get those remains
returned. So I knew of the issue, but I had not initially opened a case. At the same time, the
institution had contacted the Native American Heritage Commission and requested its assistance.
And in our discussions, we had learned that the two parties had contacted different people.
Stephen Thom
[Full Interview] [Topic Top]
How did you get into that case?
Answer: Well, as soon as civil unrest took place CRS was flying down. We were all based in San
Francisco at the time.
Question: So you were working out of San Francisco and this happened in Los Angeles, how did you
hear about it?
Answer: We knew there were tensions here because we had been
involved in a lot of pre-riot conflicts between the Korean and African Americans and issues of
police excessive use of force that was taking place. We were down in LA all the time just
putting out swap meet and African-American community conflicts. Stores and demonstrations.
The precursor to all the civil unrest was at least a year of spotted conflicts between Koreans and
African Americans throughout. We knew there was this backdrop of police and community
tensions all along because there had been shootings of the Muslims and other altercations that we
had to respond to, all in the prior years. We've had gang leaders come to us and say, "we're going
to declare war on the Los Angeles Police, this is it. We're tired of this because we feel like we
are being hunted." So there is just a great deal of tension prior to the civil unrest.
Stephen Thom
[Full Interview] [Topic Top]
How long did the demonstrations continue?
Answer: Well, we didn't make the whole 30 days, I know that. I remember getting to the 15th day
and saying, "These people are obstinate, this is amazing." I just didn't think that it would be
sustained. Around the 17th day I think they decided, "We can march all these days, but they
don't get it." That's when they decided to go into the building. It was interesting because they
kind of played with the doors, to see what the reaction was going to be. They'd stay around the
doors until bottles were thrown on them. They would hang on these doors, then start marching
again. The police would always meet you right at the door and say, you can't go through here.
The police were adamant, they were not going in. I think one day they found a back door, or
some way to get in, and they went right into the city hall. Now we had
300 people right in the middle of city hall, blocking the whole main floor, demanding to see the
mayor. I told the sergeant, they're coming in. And he says, "Wait, wait, hold them off." I go, "I
can't. They've asked for this meeting." So now they are panicking, and willing to do more all of
a sudden. The message came out from the mayor's office that he would meet with a delegation.
"Figure out who they want, how many people. He will meet with you this afternoon, but you
have to clear out." So we convey the message and we negotiate all this. I don't think they trusted
the mayor. I think we stayed there. The mayor said, "Okay, let's move the meeting up, get your
people." So now we're helping them. "So, who are you going to get? You only get so many
people." " No, no, we want more people." And it was all right there on the floor of City Hall, all
this chaos.
Question: The mayor set the limit?
Answer: The mayor set a limit. They tried to raise the limit. They cleared the floor. I think this was
a little bit of a compromise. We got a few more people in, and they made their selection and they
went in. Then it was a matter of, "Let's go over the agenda. What are you going to talk about?
We've got to get some framework to this. It was amazing to me.
Stephen Thom
[Full Interview] [Topic Top]
I got a call about a riot in a school in Long Beach. The principal says,
"Steve, I need you now." I said, "I can't come now. I'm tied up." And she said, "But we've just
had a riot, this racial group and that racial group fought on campus during lunch and I don't know
what to do. We've suspended so many, but the students are coming back soon. We've still got a
lot of tension."
| Angel Alderete
[Full Interview] [Topic Top]
Question: What kinds of cases were you mostly involved in?
Answer: Law enforcement and corrections. But we would get involved in other kinds of situations,
too,
if we thought we'd be able to provide assistance.
And of course, if they were willing to have us come in.
But about 1972 or 1973, the axe fell and we lost a great number of staff people. Nationwide, I
think we initially had roughly four hundred staff people, and we were cut down a lot. When we
got chopped up, of course they went by the amount of time each person had with that agency, so I
lost my
position and stepped down to Conciliator. They brought my group in with the rest of
the region, which, more than likely, should have been done long before. From then on, I began to
get involved mostly in correctional and law enforcement kinds of problems, not only within my
region but also within other regions. I sometimes would get a call from Seattle to come in and
provide some kind of technical assistance to them with some of the things that they were doing.
From then on, until about 1986, I feel that we did a good job in
staying true to the purpose for which we were originally created. From 1986 on, as the agency
became even smaller
yet, my own feeling is that at that point, we got interested solely with numbers. If you,
number one, just put out the numbers, and number two, your little face is out in the media, then
you'll survive.
Angel Alderete
[Full Interview] [Topic Top]
When I got involved with the California
Department of Corrections, he was the first fellow I went to. This happened roughly about 1973,
right after I got demoted into another position at CRS because mine was done away with.
There were all sorts of problems occurring in the Department of Corrections. Mind
you that at the time, I think there were only about twelve or thirteen correctional institutions in
California. Today I think there are about forty.
They were having all sorts of problems. The state was trying to cope with the killing of a judge
out in San Quinton. A great deal of turmoil was happening. I started
talking to one of the wardens about what was being done to prevent this kind of violence and
what he thought we might be able to do.
Angel Alderete
[Full Interview] [Topic Top]
One of the interesting things that I did was in Texas, in a really small
border community. The reason I mention this is because these people had nothing. The people
who were the power had nothing and the people who were concerned had even less. But at the
same time, it's ironic. The president of the school board was a real redneck. All he owned was
a little tiny store, and he thought he had the world wrapped around his finger, and he was married
to a Mexican
American, and he had her whipped around as if she was a slave.
The Mexican American who convened this Mexican American group owned...well, it was really
a warehouse.
And in the very small border towns, warehouses tend to be huge -- they hold everything from
food, frozen
items, to refrigerators and TV sets, all being held there while the brokers get the stuff across to
Mexico.
That's not to say that you can't do a little
job on the side. Well, he was the guy with the Mexican Americans,
and their concerns were the usual ones. No Mexican American
teachers, no coach for their basketball team, they didn't have football. Classrooms were in
extremely poor condition. It was one hundred percent Mexican Americans, so you're just
concerned with the Mexican American school group. In fact, the school district, the city, was
maybe 96% Mexican American, the rest were all white.
Angel Alderete
[Full Interview] [Topic Top]
. We developed a report on the shootings of minorities by the LAPD.
This came out of one really egregious shooting in which a black woman was shot
something like 72 times because she was wielding a knife about twelve feet from the police. So
they killed her. Even the Latino Police Commissioner was angry that the cops had done that, and
he was an extremely conservative guy. Of course, the African American member of the
commission was really
mad.
Out of that came the development of a Hispanic Advisory Council. We suggested that we'd get
the community together,
and that was fine with them.
Angel Alderete
[Full Interview] [Topic Top]
And
this involved Native Americans, African Americans, Hispanics, and Asians from Vietnam
and some of the other areas in which the United States had been involved during the war.
This situation arose from a complaint on the part of the Native Americans of police abuse by
some of the members of the eastern office of the Shasta County Sheriff's Department. The
eastern office is located up in the mountains, about fifty miles east of Reading, and the
complaints
were not normal complaints or usual complaints. These were complaints where the Native
Americans said that they were stopped on the road, and the excuse was that maybe a tail light
was missing, and
when they were stopped, the Native Americans assumed that they were going to be made fun of
or
abused. So, the immediate stance on the part of the Native Americans was to be
very defensive. According to the Native Americans, the sheriff continued to provoke them,
attempting to elicit violence on the part of the Native Americans. And of course if it
worked -- if violence occurred -- then that then gave the officers the
excuse to do whatever they wanted to do. That's what started it all. When I was told this by one
of
the members of that group, what I first did was to not only talk to him, but to call some of the
folks in the surrounding communities.
Prior to this thing having happened, we had talked about the
possibility of developing some cooperative group with the sheriff's department, involving the
minority community as well as members of the majority community.
Angel Alderete
[Full Interview] [Topic Top]
I've seen situations where it came to the point where Latinos and
African Americans split, and this is over the goodies, as in Fresno county. It started out with a
mutual concern over Fresno State University developing a community radio station. The
problem was that the minority community wasn't given voice in terms of how it was going to be
developed. Everybody else was given that voice. So they got together and they started raising
that issue and we were called down there to help them get together with the administration.
So initially the Latinos and the African Americans confronted the station with our on-site help.
As things went by and the discussions went on, that administration soon saw that the African
Americans had a better grasp on the politics of that situation. We also saw that the Latinos were
concerned. The group was very small and so the university began to cater to the African
American community. The Latinos saw this and tried to get back with the African American
community, but the African American community saw what the school was doing, so they went
for that. So that caused the split. In the end, nobody got anything because they were supposed
to have a coalition of people being able to provide things. But since that part of the situation
didn't occur, people just ran away. Eventually, when they developed that radio station, the
school just went ahead and on their own, developed an advisory group and developed and hired
people, but not through us and not through the original coalition. They said, "Hey, we can't work
with these folks. The Latinos pulled out and so we're just left with African Americans. We're
going to be accused of all sorts of things." So that's how everybody lost out.
Leo Cardenas
[Full Interview] [Topic Top]
Pick one
case that you were involved in and sort of walk us through the stages -- how
you became involved, who you talked to, what was the conflict and how was it resolved...
You can choose anything.
Answer: Why don't we concentrate on that particular area [media] now and then move forward. I still
find it very interesting. At the time that I was initially contacted, CRS was going throughout the
country and conducting media workshops with editors and assistant editors in both the print and
the electronic media. I happened to be invited to one workshop that was conducted at the
University of St.
Mary's. The idea was that individuals -- minority community leaders
and editors -- would sit down for a day, or a day and a half, to explore why minorities were not in
the media. Also, CRS had a goal to improve the coverage of the minority community. That
happened a year and a half before I was recruited.
I was recruited to work out of the Dallas office and one of the areas that I covered was Denver,
Colorado. Prior to my coming on board, Denver had had a similar meeting between minority
organizations and the media. As a result of that meeting, the minority community organizations
were able to come together and focus on the media. One of the areas the Denver community
leaders focused on, or one of the targets, shall I say, was McGraw Hill. McGraw Hill, at the
time,
owned several television stations. I began working with the conciliators
who were assigned to the Denver office, Wilbur Reed, and Manny Salinas, and with the
community group and also with McGraw Hill. As a result of
a series of meetings with the community group and with McGraw Hill, eventually they sat down
at the table, and CRS mediated an agreement. At the time, we thought it was heaven on earth,
because the total amount of money that was committed by McGraw Hill was one million dollars.
Now this was 1971, and one million dollars then is a billion dollars today. McGraw Hill
and the community group agreed on that amount to be spent over a five year period.
Leo Cardenas
[Full Interview] [Topic Top]
But there was interest on the part
of
the media, particularly the electronic media. And let me back this up a little bit by saying that at
the time, the FCC had changed some of its rules about license renewal. If my memory serves me
correctly, it used to be that the licenses were renewed almost automatically every five years, and
then it was changed to every three years; then it was changed, eventually, to every year. So part
of the "bait", if you will, on the part of CRS, was that by meeting with the minority community,
the
electronic media would be more likely to get their license renewed. So there was that interest on
the part of electronic media that did not exist on the part of the printed media. The printed media
had no licensing at all.
Leo Cardenas
[Full Interview] [Topic Top]
Question: Can you think of an instance, or an example that we could talk
about a little bit?
Answer: A lot of it was in Indian country, where the disputes were occurring and we would, in some
cases, get requests from law enforcement or from the US Attorney's office.
Question: Okay, well, we'll bring up other questions. I don't know whether this will jog your memory
or not, but think in terms of if you were
regional director now, and you heard that there was some violence happening on an Indian
reservation. What role can CRS play to try to stop the violence? What do you do to try to calm
things down?
Answer: Initially we did a telephone assessment as
to the nature of the violence, the nature of the dispute, certainly the parties, who are the parties,
in a lot of the cases we have already established relationships with them. And in a lot of cases,
we get to the scene, because we do have relationships with them and can talk to them.
Question: With both sides?
Answer: With both sides. Yes.
Leo Cardenas
[Full Interview] [Topic Top]
right before I retired, there was a
NCAA dispute that initially focused on the claim that not enough minorities at that time were on
full scholarships playing basketball. Well, the Black Coaches' Association found the almighty
dollar, the so-called Final Four Basketball Tournament, which brings in the majority of the
revenue for all college basketball programs. Because the revenue, it's TV revenue, that's what it
is. Well, it so happened that one of the finalists was the University of Arkansas. In 1995, they
threatened to boycott the Final Four tournament and the University of Arkansas was sure that
they would be in the Final Four and eventually were. It was clear that there would be no Final
Four if U of A did not participate. So when CRS finally got them to the negotiations table, you
are looking at the top black coaches who are articulate and know what they're talking about, and
you're looking at college presidents on the other side. This is what we've come about, that level
of community. The Black Coaches' Association was saying that they were not hiring enough
black coaches. By the time they got to the table, the real issue was how many Freshman
individuals can you get on a team and how long can you keep them, how many can you "red
shirt", and all of those complicated things that were more complicated than the general public
knows about. But eventually it was the dollars: If you don't hold a Final Four tournament,
you're talking about the financial life-blood of the college basketball program. You're talking
about the very survival of the program. The Green Dollar-Sign Monster talks.
Bob Ensley
[Full Interview] [Topic Top]
in the JoAnn Little case there was one
group that was always concerned about the amount of money -- who was spending the money,
who had control of it. I had to say that the money wasn't the important thing. The thing is that
we needed to see that justice prevailed in this case. If this young lady's innocent, then she need
not be sent to prison. If she's guilty then perhaps you need to have money set aside for a good
appellate lawyer. Because many times, our people are in jail because they don't have any money
to hire a competent appellate attorney. Then there are others, who are concerned about what
effect that's going to have on the community after JoAnn Little leaves. Then there are some who
say, "Well, she was a prostitute, so she'd better go to jail," and we're not going to get involved in
that. She was a 4th St. prostitute, she'd been in jail for this and been in jail for that. And you say,
"Well, it goes beyond that." This is a young black woman, and I said, "You know it could
happen to any of them." I said, "Whether she's innocent or guilty, she needs to be afforded due
process in court." Then you have to tell some people, "Say now, so-and-so, that was wrong --
what you said at that meeting. It was not the time or place to say it." You get them, one by one,
to do this. You don't embarrass a person before a group, because they are going to come out
fighting and try to do anything they can to damage or attack your credibility.
Bob Ensley
[Full Interview] [Topic Top]
Cornelia Communal living. These people were all
professional
people who had gone and bought this land down in Sumter County and had started teaching
black people how to farm properly; how to rotate crops, the fertilizers used, the various
herbicides, and how to grow hybrid corn and all of that. They also started helping them build
decent homes. The reason the townspeople were objecting to it was because it was draining off
all of the cheap labor. These people had still been working on those plantations down there for
three dollars a day and some of them were doing share-cropping. But then came the communal
people buying up all of these large tracts of land, irrigating farms and building homes. It was a
self-help project; they were very progressive. These black people had never lived so well.
Years before this, these white people voted that no more taxes would go into public schools.
The public schools started deteriorating, so Governor Carter took it upon himself as a private
citizen to sue the Sumter County School System. The leaders of the public schools were sending
all their kids to these private schools and doing everything they possibly could to break the back
of these black people. They didn't understand it. So now they feel threatened by this small
group of white people, some of whom have advanced degrees in horticulture and agriculture.
Edward Howden
[Full Interview] [Topic Top]
Question: Now we'd like you to "walk us through" one case that typified
your work with CRS. Please tell us about the case, how you gained entry, and you did
from that point on.
Answer: Okay. We received a phone call one day from a woman who was the tribal chairperson of a
small tribe in a southwestern state. She had found the name of the Community Relations Service
in the Catalog of Federal Domestic Assistance, a document at that time that listed all kinds of
services available through federal agencies. She indicated that they had some problems with two
neighboring non-Indian communities, mainly with respect to water. There were some other
problems with neighborly relations too, but the main issue was water supply.
I indicated that we'd probably be able to come down and talk with them and explore the
possibility of getting some discussions going with each of these two neighboring communities.
So they invited us to come do that. We did and they expressed great interest. I explained the
mediation process at some length and exactly what was involved as we saw it if they chose to
have us assist in a mediation effort. They liked this idea. Part of the explanation was that I
would need to get in touch with the other parties and see how they felt about it, explain the
process to them and see whether they were interested -- because, of course, it's a totally voluntary
process. So I got the names of key people in each of the other communities and went looking
for them.
Edward Howden
[Full Interview] [Topic Top]
One of the counter-grievances that the enclave community had was that there was another big
spring up the canyon that the tribe was trying to develop. The enclave worried that that was
going to
interfere with the flow of the existing spring. Eventually, an agreement was reached that was put
in writing, and that seemed to lay a foundation for a better relationship.
Edward Howden
[Full Interview] [Topic Top]
Question: Did you ever bring in outside
resources who might act as informal mediators or people who helped groups work better
together, such as church people, for example?.
Answer: There was a big case in Atlanta involving the Atlanta police department, the FOP (Fraternal
Order of Police) which included the white officers, and the African-American Patrolmen's
Association (AAPA). This was a three-way court referred case. The case was long-standing, it
had been a long stalemate and hassle that the Atlanta downtown community wanted to see
resolved.
Question: What was the issue?
Answer: There were complaints brought |
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