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Life Sentence: Florida’s Refusal for Ex-Felon Voting Rights

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Florida refuses to restore full constitutional rights to ex-felons. The result? One Black Floridian of every four can’t vote, hold office or serve on a jury.

Special to the NNPA from the Florida Courier

Commit any felony in Florida and you lose your right to vote for life – unless the governor and the clemency board agree to give that right back to you.

150206_front01The result: More than 1.6 million Floridians – about 9 percent – cannot vote, hold office or serve on a jury, according to The Sentencing Project, a prison reform group. In most states, it’s less than two percent. Only two other states have that tough a policy.

Twenty-five percent of Florida’s Black population – that’s 1 in 4 – can’t vote, even though just 17 percent of the state’s population is Black.

Tougher under Scott

Laws nationwide on whether convicted felons can vote vary widely.

In Vermont and Maine, the currently incarcerated can vote by absentee ballot, while Florida, Kentucky and Iowa are at the harshest end of the spectrum, mandating that all ex-felons lose their civil rights until they petition to have them back. In other states, ex-felons generally get their rights back when they get out of prison or off probation.

In Florida, getting back those rights has become far tougher in the past four years. Under Gov. Rick Scott, 1,534 nonviolent felons had their rights restored. More than 11,000 others applied but are still waiting for an answer.

Only the governor and the three-member Cabinet, who act as the clemency board and meet four times a year, can restore civil rights.

The application process requires a five-year wait for less-serious felonies and seven years for others, along with an application form and, for each felony count, certified copies of the charging document, judgment and sentencing from the clerk of the county where the felony occurred.

Recent change

It wasn’t always so difficult. In 2007, under former Gov. Charlie Crist, Florida relaxed its rules as part of a nationwide trend.

150206_front01bThe clemency board automatically restored the rights of nonviolent offenders who served their time – and a total of 155,315 got them back during his four-year term.

Before that, under Gov. Jeb Bush, sentencing forms were not required of people trying to get their rights back, and there was no wait period for the less-serious felonies.

But once Scott and Florida Attorney General Pam Bondi were elected in 2010, Bondi tightened the rules so they were tougher than under Bush.

“The proposed changes are intended to emphasize public safety and ensure that all applicants desire clemency, deserve clemency, and demonstrate they are unlikely to reoffend,” Scott said at the time.

Bondi, who rewrote the guidelines in 2011 to make them more stringent, does not see voting rights in the same light.

“This issue is about felons proving they have been rehabilitated before having their civil rights restored,” said Bondi spokesman Whitney Ray.

Constitutional proposal

Because Florida’s Constitution mandates that all felons lose their civil rights until the clemency board acts, the constitution would need to be amended for any change.

Some members of the Florida Legislature, as well as voting rights groups, are pushing a state constitutional amendment that would return the vote to convicted felons – except those found guilty of murder or sexual offenses – after they have served their time and completed parole and probation.

150206_front01cState Sen. Jeff Clemens, D-Lake Worth, and State Rep. Clovis Watson, D-Alachua, have filed bills asking the legislature to place a constitutional amendment on the ballot in 2016 that would return the vote to nonviolent felons who have served their time and completed parole and probation.

“After someone has served their sentence, they shouldn’t keep being punished for the rest of their life,” said Jessica Chiappone, a Boca Raton lawyer who chairs the political committee Floridians for a Fair Democracy, which plans a petition drive to make that happen.

One experience

Fort Lauderdale native Dr. Rosalind Osgood had her rights returned in 2010. Today, she is a minister, a Broward School Board member, and head of the Mount Olive Development Corporation (MODCO), a faith-based community development corporation focused on economic development and affordable housing. MODCO is affiliated with New Mount Olive Baptist Church in Fort Lauderdale, one of the state’s largest Black churches.

Back in the late 1980s, she was a drug addict living on the streets, twice convicted for cocaine possession. “The more I started using drugs, the more I started needing more drugs,” she said.

Finally, after appearing before a judge while pregnant, Osgood turned her life around. She started hitting 12-step programs finished college, then earned master’s and doctorial degrees. But she said she felt apart from society, unable to vote despite all the gains she had made.

Constant barrier

“Our system is supposed to rehabilitate, to hold you accountable when you go against the law, but to rehabilitate you so you can come back into society,” she said. “I don’t understand why people’s rights aren’t restored. As CEO of MODCO, it’s very hard for me to help people rebuild their lives when they run into these barriers.”

“It’s time-consuming for people that are trying to make a difference and get back on the right track,” Chiappone, chairwoman of Floridians for a Fair Democracy, said. “The system in place makes it easier not to fight that fight.”

Another experience

Chiappone served seven months in a federal prison in the 1990s on drug charges. But by 2008, she was in law school and hoping to pass the Florida Bar exam, which requires test-takers to have civil rights.

Chiappone said that she waited five years to have her rights restored. She said that the clemency board lost her paperwork, then the new guidelines came in, and the new rules applied retroactively.

“It’s incredible, the difficulties you face,” Chiappone said. “And if it’s about integrating people into society, it should be easier, not harder. It’s illogical.”

Not supportive

Bondi’s office does not support efforts to make restoration of rights easier, though the attorney general is open to some reforms. She supported a 2011 law that said state agencies can’t deny applications for licenses, permits or employment based on civil rights status. But private groups, such as the Florida Bar, can still require it.

That irks Chiappone and Osgood.

“If we want felons to be functional members of society, we can’t talk out both sides of our mouth,” Osgood said. “On one side, we want people to get jobs, and work and go to school, and earn their way and make a valuable contribution. But over here, we hold their purse strings, literally, when we don’t restore their rights.”

Dan Sweeney and Lisa J. Huriash of the Sun Sentinel/TNS contributed to this report.

Activism

Discrimination in City Contracts

The report was made public by Councilmember Carroll Fife, who brought it this week to the Council’s Life Enrichment Committee, which she chairs. Councilmembers, angry at the conditions revealed, unanimously approved the informational report, which is scheduled to go to an upcoming council meeting for discussion and action. The current study covers five years, 2016-2021, roughly overlapping the two tenures of Libby Schaaf, who served as mayor from January 2015 to January 2023.

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Dr. Eleanor Ramsey (top, left) founder, and CEO of Mason Tillman Associates, which conducted the study revealing contract disparities, was invited by District 3 Councilmember Carroll Fife (top center) to a Council committee meeting attended by Oakland entrepreneur Cathy Adams (top right) and (bottom row, left to right) Brenda Harbin-Forte, Carol Wyatt, and councilmembers Charlene Wang and Ken Houston. Courtesy photos.
Dr. Eleanor Ramsey (top, left) founder, and CEO of Mason Tillman Associates, which conducted the study revealing contract disparities, was invited by District 3 Councilmember Carroll Fife (top center) to a Council committee meeting attended by Oakland entrepreneur Cathy Adams (top right) and (bottom row, left to right) Brenda Harbin-Forte, Carol Wyatt, and councilmembers Charlene Wang and Ken Houston. Courtesy photos.

Disparity Study Exposes Oakland’s Lack of Race and Equity Inclusion

Part 1

By Ken Epstein

A long-awaited disparity study funded by the City of Oakland shows dramatic evidence that city government is practicing a deeply embedded pattern of systemic discrimination in the spending of public money on outside contracts that excludes minority- and woman-owned businesses, especially African Americans.

Instead, a majority of public money goes to a disproportionate handful of white male-owned companies that are based outside of Oakland, according to the 369-page report produced for the city by Mason Tillman Associates, an Oakland-based firm that performs statistical, legal and economic analyses of contracting and hiring.

The report was made public by Councilmember Carroll Fife, who brought it this week to the Council’s Life Enrichment Committee, which she chairs. Councilmembers, angry at the conditions revealed, unanimously approved the informational report, which is scheduled to go to an upcoming council meeting for discussion and action.

The current study covers five years, 2016-2021, roughly overlapping the two tenures of Libby Schaaf, who served as mayor from January 2015 to January 2023.

The amount of dollars at stake in these contracts was significant in the four areas that were studied, a total of $486.7 million including $214.6 million on construction, $28.6 million on architecture, and engineering, $78.9 million on professional services, and $164.6 million on goods and services.

While the city’s policies are good, “the practices are not consistent with policy,” said Dr. Eleanor Ramsey, founder and CEO of Mason Tillman Associates.

There have been four disparity studies during the last 20 years, all showing a pattern of discrimination against women and minorities, especially African Americans, she said. “You have good procurement policy but poor enforcement.”

“Most minority- and women-owned businesses did not receive their fair share of city-funded contracts,” she continued.  “Over 50% of the city’s prime contract dollars were awarded to white-owned male businesses that controlled most subcontracting awards. And nearly 65% of the city’s prime contracts were awarded to non-Oakland businesses.”

As a result, she said, “there is a direct loss of revenue to Oakland businesses and to business tax in the city…  There is also an indirect loss of sales and property taxes (and) increased commercial office vacancies and empty retail space.”

Much of the discrimination occurs in the methods used by individual city departments when issuing outside contracts. Many departments have found “creative” ways to circumvent policies, including issuing “emergency” contracts for emergencies that do not exist and providing waivers to requirements to contract with women- and minority-owned businesses, Ramsey said.

Many of the smaller contracts – 59% of total contracts issued – never go to the City Council for approval.

Some people argue that the contracts go to a few big companies because small businesses either do not exist or cannot do the work. But the reality is that a majority of city contracts are small, under $100,000, and there are many Black-, woman- and minority-owned companies available in Oakland, said Ramsey.

“Until we address the disparities that we are seeing, not just in this report but with our own eyes, we will be consistently challenged to create safety, to create equity, and to create the city that we all deserve,” said Fife.

A special issue highlighted in the disparity report was the way city departments handled spending of federal money issued in grants through a state agency, Caltrans. Under federal guidelines, 17.06%. of the dollars should go to Disadvantaged Business Enterprises (DBEs).

“The fact is that only 2.16% of all the dollars awarded on contracts (went to) DBEs,” Ramsey said.

Speaking at the committee meeting, City Councilmember Ken Houston said, “It’s not fair, it’s not right.  If we had implemented (city policies) 24 years ago, we wouldn’t be sitting here (now) waiving (policies).”

“What about us? We want vacations. We want to have savings for our children. We’re dying out here,” he said.

Councilmember Charlene Wang said that she noticed when reading the report that “two types of business owners that are consistently experiencing the most appalling discrimination” are African Americans and minority females.

“It’s gotten worse” over the past 20 years, she said. “It’s notable that businesses have survived despite the fact that they have not been able to do business with their own city.”

Also speaking at the meeting, Brenda Harbin-Forte, a retired Alameda County Superior Court judge, and chair of the Legal Redress Committee for the Oakland NAACP, said, “I am so glad this disparity study finally was made public. These findings … are not just troubling, they are appalling, that we have let  these things go on in our city.”

“We need action, we need activity,” she said. “We need for the City Council and others to recognize that you must immediately do something to rectify the situation that has been allowed to go on. The report says that the city was an active or inactive or unintentional or whatever participant in what has been going on in the city. We need fairness.”

Cathy Adams, president of the Oakland African American Chamber of Commerce, said, “The report in my opinion was very clear. It gave directions, and I feel that we should accept the consultant Dr. Ramsey’s recommendations.

“We understand what the disparities are; it’s going to be upon the city, our councilmembers, and our department heads to just get in alignment,” she said.

Said West Oakland activist Carol Wyatt, “For a diverse city to produce these results is a disgrace. The study shows that roughly 83% of the city contracting dollars went to non-minority white male-owned firms under so-called race neutral policies

These conditions are not “a reflection of a lack of qualified local firms,” she continued. “Oakland does not have a workforce shortage; it has a training, local hire, and capacity-building problem.”

“That failure must be examined and corrected,” she said. “The length of time the study sat without action, only further heightens the need for accountability.”

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#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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