JON FERNANDEZ' EPIPHANY

Definition of epiphany

plural epiphanies

3 a (1) : a usually sudden manifestation or perception of the essential nature or meaning of something 

(2) : an intuitive grasp of reality through something (such as an event) usually simple and striking 

(3) : an illuminating discovery, realization, or disclosure

Like a drowning man waving off a life line, Superintendent Jon Fernandez wanted the suspension of the Adequate Education Act (Pl 28-45.)

“Fernandez said the department has also looked at whether … the Legislature could temporarily suspend the requirements of the Adequate Education Act while the government of Guam is still dealing with a financial crisis brought by a federal tax reform law.” PDN March 5

I called him out in an open letter (March 5.)  The PDN published my letter and Super. Jon's "rebuttal" on March 9. 

[see  DUELING LETTERS IN THE PDN]   Unbelievably , the rebuttal in the PDN consisted of  Super. Jon's second surrender:

"In response to the letter sent by Bob Klitzkie, I want to clarify that the attribution by the Pacific Daily News was not quite accurate regarding the department has also looked at whether 'the Legislature could temporarily suspend the requirements of the Adequate Education Act.'” 

“The way (the Guam Department of Education) differs from other departments is that we have this law called the Adequate Education Act that sets in law the mandates on this department. … As we go through the harder decisions and start to look at whether we have to impact our facilities, our schools – things that we are trying not to do – at some point, if we get to a certain point where we have to cut that deep, I think it is worth asking the Legislature to suspend the Adequate Education Act. … (The Legislature should say): ‘Look, if you are not, as a department, able to meet that mandate, then we have to give you some relief.’ I don’t want to expose the department to any type of lawsuit because we have this mandate out there, but (then), at the same time, we have to go to a 32-hour work week.”

Super Jon then clarified by repeating his original surrender.  Then he doubled down in the Post and told us it was all just a joke! 

Klitzkie sought to inspect the documents after hearing that Fernandez spoke about possibly asking the Legislature to suspend the adequate education law during a budget-cuts meeting with stakeholders – something that was stated facetiously, according to the superintendent. Guam Post March 21 by John O'Connor.

Not funny, Super Jon, at least I didn't thinkas I wrote to Super Jon on March 5 and 18:

"In closing, I once again urge you to be the champion of your students. As per mine of March 5:  "'Mr. Superintendent, if you won’t stand up for the kids, how can we expect others too?'”

After a couple of letters, some PDN coverage, a  FROM BOB and the penetrating interviewing technique of John O'Connor, comes Super Jon's epiphany. Here's John O'Connor quoting Super Jon:

"I did pull up the law and (Klitzkie's) right," Fernandez said. "It informs ... our duties and responsibilities, and created standing for a public school student to file a lawsuit against the government to enforce that act." 

Well... even a broken clock tells the right time twice a day so I can't be that benidoso. But it is gratifying that Super Jon finally "...did pull up the law." Did my constant harping and haranging in letters, on the air and in this blog about the tools and remedies available to the Superintendent of Education cause Fernandez to "...pull up the law..." or do we have a repeat of the-Bill 248-34 dichotomy, i.e THE MISSOURI MANEUVER--CAUSATION OR COINCIDENCE?

 John O'Connor and the Post again:

"That gives (Fernandez) the ability to sue at least the director of the Bureau of Budget and Management Research or the director of the Department of Administration and arguably, the governor and maybe beyond that," Klitzkie told The Guam Daily Post. 

"This provision, which directs the superintendent or another respondent to sue other areas of government, was not part of the original Adequate Education Act, Klitzkie stated.

"It was added as an amendment during the bill's discussion by then-Sen. Eddie Calvo, the current governor, Klitzkie said.***"

Correlation or coincidence:

"The superintendent said he became concerned that Klitzkie might have been preparing a lawsuit and sent notices to the governor and Legislature  to remind them of their obligations. This was not a legal action, according to Fernandez." John O'Connor, again. 

Maybe it wasn't a "legal action," Jon, but it's a start and in line with a couple  letters which called to your attention the duties and remedies available to you under the Every Child Act. 

[Just so the reader won't chalk this up to nothing more than another of Bob's Tall Tales, the papers mentioned in this post are all set out with selected highlights in another post called Super Jon--Every Child file cabinet. and as a FromBob Buffs bonus I've also included a top secret document!]

While you can read the entire letter inxx three paragraphs are set out here: 

"During deliberation [of the Board] on the resolution not a word was said about the Act, its requirements or your remedies. The phrase, “we’re considering all options” was frequently heard. But of course the Board couldn’t consider the options it was unaware of.  

"As per my letter of March 5 there are powerful tools available to you. It may not even been necessary for the Board to give you the go ahead to use those powers. Because of those powers, I respectfully suggest that it’s time to totally abandon the idea that you have expressed thusly, on two occasions: 'I think it is worth asking the Legislature to suspend the Adequate Education Act.'” 

"It might be well if Board members were “up to speed” on the Act. A good start would be to provide each a copy of my letter to you of March 5. While familiarity with the Act is important for all Board members, I submit that it’s crucial for Ernie Samelo, the student member. The benefactors and enforcers of the Act are the students. The raison d'ê·tre for the Act was situations like the one the government is facing now. The Act stands as a bulwark against those who would treat the education of our youth as less important than the welfare of the rest of the government."

That's it. Will Super Jon be a champion for his students and teachers? Will he employ the Every Child Act  as the shield to protect his students? Will he use the sword provided to him by the Every Child Act to secure and protect the right of the kids, teachers and other professionals addressed in the Act? Will he make sure that Ernie Samelo is thoroughly briefed on his responsibilities under the Act. Will Super Jon stop being a lobbyist for higher taxes and start being a lobbyist for the 32,000 children who  are entitled to an adequate public education? 

Please keep watching. I will.