Amendment removing systemic racism reference in bill causes drama
CHARLESTON – The lead sponsor of an amendment to a bill Thursday to remove references to systemic racism refused to take questions, causing Democratic members of the West Virginia House of Delegates to have all bills read in full in protest.
The House passed House Bill 4851 on Thursday, allowing for public and private schools in West Virginia to employ security personnel, in a 89-0 vote, sending the bill to the state Senate.
HB 4851 would authorize a school security officer to carry a firearm as long as they are former law enforcement officers in good standing, obtain and maintain certification from the Division of Protective Services, undergo background checks, and are approved to do so by their school boards. While not authorized to arrest someone, they can detain individuals until law enforcement arrives.
An amendment offered by Del. Elias Coop-Gonzalez, R-Randolph, amended a section of the bill requiring the director of the Division of Protective Services – in consultation with the Law Enforcement Professional Standards Subcommittee of the Governor’s Committee on Crime, Delinquency and Correction – to establish minimum training regulations for school security personnel.
Training standards may include “awareness of systemic and individual racism, cultural diversity, and implicit bias.” Coop-Gonzalez’s amendment, which was adopted in a 75-20 vote, removed the words “systemic” and “individual” from that training standard. The amendment was also sponsored by Dels. Todd Longanacre, R-Greenbrier; Geoff Foster, R-Putnam; Marty Gearheart, R-Mercer; and Bryan Ward, R-Hardy.
House Minority Whip Shawn Fluharty, D-Ohio, rose to ask questions of Coop-Gonzalez and Geartheart, but neither delegate would yield to questions.
“Wow. I thought we were going to have a friendly debate, but that requires people actually showing up to work and doing the job,” Fluharty said. “If you refuse to yield, you’re not doing your job. You know, this bill is about protecting kids in schools. This amendment is about division, creating division, and it’s about lowering the standards.”
Fluharty opposed the amendment, saying that lawmakers should not involve themselves in specific law enforcement standards. He also accused Republican members of trying to virtue signal to voters and ignore actual system racism.
“I get out of my truck every day in front of the Capitol and I’m greeted by Abraham Lincoln,” Fluharty said. “Imagine that. Big Abe is out front. We didn’t put Stonewall (Jackson) out front. We put that confederate participation trophy in the corner where it belongs. Stuff like this is nonsense; wasting valuable legislative time.”
Foster, one of the amendment’s co-sponsors, did yield to questions from House Minority Leader Sean Hornbuckle, D-Cabell, and one of the House’s three black members. Foster said that the amendment would not prohibit instruction in racism for school protection officers.
“These specific issues are still included in a definition of racism,” Foster said. “The amendment just removes the words ‘systemic’ and ‘individual.’ We’re not saying our system in general is racist. We’re just doing a general training session based on racism and cultural diversity and implicit bias. It’s not like the amendment removes those trainings from the bill.”
“Acknowledging that systemic racism is a thing doesn’t make you less than a person,” Hornbuckle said. “Acknowledging that systemic racism is a thing doesn’t mean that you individually are racist … We’ve seen things through history that have set people behind. We’re not blaming individuals. But we know of laws and policies that are unfair and have set people back. And to acknowledge that is to move forward and help everyone.”
A similar amendment was offered when the bill came before the House Judiciary Committee recently. Del. Brandon Steele, R-Raleigh, said he understood the intent of the amendment’s sponsors, but he didn’t see the need to adopt it.
“We don’t need to be afraid to talk about these topics and educate ourselves about these topics, because racism is real,” Steele said. “It still exists and it is still out there and if we’re ever going to crush it, we can’t be afraid to talk about it.”
Coop-Gonzalez, whose family comes from Guatemala, said his election to the House in 2022 was an example that systemic racism had no effect on his community in Randolph County supporting him.
“In my district, Latinos make up less than 1% of the population,” Coop-Gonzalez said. “But in 2020, for only the second time in the history of our state, they elected me – a Latino man - to represent them. Is that a racist system? No. I’m living proof of it.”
Following the vote on HB 4851, the Democratic caucus moved to have every remaining bill up for passage Thursday read in full. Bills are often summarized for members by committee chairs, but any member can object and require a bill be read in its entirety. The tactic is often used to protest lack of respect or decorum, as well as to delay the floor session, which delays later committee meetings and the House calendar.




