Hell Hath No Fury Like A Captain Scorned

Jan 26, 2009

By Patrick.

If, as Tip O’Neill said, all politics is local, it must be equally true that all politics is idiotic. At least, if all local politics is like that of the Jurupa Unified School District in Riverside California, where board trustee Noreen Considine, excuse me, Captain Noreen Considine, is threatening to sue the District.

Her complaint? That board members refer to her as “Trustee Considine” rather than as “Captain Considine”:

According to the Navy Times:

A retired Reserve captain is threatening to sue her local California school board if the board’s members do not address her by her military title.

Retired Reserve Capt. Noreen Considine, 64, was elected to the Jurupa Unified School Board near Riverside, Calif., in November. She claims her political foes are deliberately disrespecting her by not using her rank when discussing school business.

“It’s a way to diminish me. If they take away my title — the one I ran on and the one I’m entitled to — then they have a better shot at demonizing me,” Considine said in an interview.

At a Jan. 20 meeting, Considine told the school board they were harming her reputation, violating her civil rights and may be liable under California state laws.

“None should doubt my resolve in this matter,” Considine told the crowd, according to the minutes of the meeting.

“Those who think they can act contrary to the law with impunity — proceed at your own peril,” she said.

Considine feels that by failing to address her as Captain, fellow board members are engaged in slander against her name (she considers “Captain” to be a part of the name), violation of her civil rights under 42 U.S.C. 1983, and a special act of the United States Congress. As she put it to the board:

In the United States Navy the ranks of Captain and above must be conferred by an Act of the United States Congress – no others may do so. That a superintendent of this school district and a member of this board would presume to have the authority to deprive me of that which was granted by an Act of Congress and protected by the United States Code and the laws of California, is a manifestation of colossal arrogance and profound ignorance of the law.

I suppose I share that ignorance, as I’m unaware of any law which requires civilians to address retired Naval reservists by their former ranks. But I’m willing to concede I may be wrong. You really should read Captain Considine’s complaint yourself, to appreciate her legal analysis: thats-captain-considine-to-you-sir

In the meantime, I’ll again concede that I am uninformed. But to make things interesting, I’m willing to bet my co-blogger Ken, a California attorney, a full season of McHale’s Navy dvds, versus four pounds of frozen strawberries, that there is no California law which requires civilians to address Trustee Considine as Captain.

Now where are those strawberries?

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20 Comments

asshats, California

19 Comments

Ken • Jan 26, 2009 @10:48 am

What am I, your research-bitch now?

The trouble, as you well know, is that both you and I lack the fevered imagination of a vexatious litigant. We are still restrained by the surly bonds of the text of California’s statutes, whereas Cap’n Considine, like a M. Night Shayamalan character, can see their spirits. Therefore we can never anticipate all of the laws they might cite.

Also, for the record, I would like to make a “Rear Admiral” joke, but cannot think of a good one.
Eddie Van Helsing • Jan 26, 2009 @10:56 am

Ms. Considine doesn’t have a leg to stand on. Civilians are not required to salute military personnel, nor address them by rank. It is, however, polite to address military officers by rank — but you’re supposed to fight duels over rude behavior, not file lawsuits.
Brian Dunbar • Jan 26, 2009 @11:43 am

This ain’t Prussia, babe. This is America and your ass is on the beach and retired. Get used t it.
Larry Sheldon • Jan 26, 2009 @12:07 pm

I wonder how Grace Hopper would react to this.

I only met her twice, and it seems like she was introduced as Captain (she was in Uniform, or later as a UNIVAC or as a DEC employee, Rear Admiral, Retired.

I wonder also if Considine would entertain a class-action–my wife get furious when she is denied her Mrs. (God and law given) in favor of Ms. which she regards as a tragic disease.
KipEsquire • Jan 26, 2009 @2:03 pm

Any member of the military is required by regulations to refer to any civilian as “Sir” or “Ma’am” while in uniform or on duty.

I really think Kaptain Kaos should think twice about this.
Brian Dunbar • Jan 26, 2009 @6:01 pm

Any member of the military is required by regulations to refer to any civilian as “Sir” or “Ma’am” while in uniform

Hunh – I broke that regulation big time in 1991 when a bouncer kept me out of a club in West Palm Beach because I was wearing dress blues.
Larry Sheldon • Jan 26, 2009 @8:11 pm

Tagged “asshats” and “California”.

New spelling vs. old spelling, or something?
David • Jan 26, 2009 @11:24 pm

Rancor’s aweigh!
Transplanted Lawyer • Jan 26, 2009 @11:40 pm

Referring to her as “Trustee Considine” is entirely appropriate when she is acting as a Trustee of the School District. I represent some public entities and the members of the boards of directors of those entities refer to one another as “Director so-and-so” or “Vice President thus-and-such” when they are deliberating in session. Some of the members of these boards are doctors of one kind or another and there’s a group that jealously guards the prerogative of their titles, and even the doctors submit to being re-titled “Director” while fulfilling their jobs. So Cap’n Considine (USNR, Ret.> needs to get over herself.
OSCS(SW)Joseph Bellotti, RET • Jan 27, 2009 @4:58 am

Wow, kind of sick actually! Well NOREEN, do you want to attack my retired (ACTIVE) Navy pay for not calling you by your rank? DON’T direspect those who are serving today by bringing this “trivial” crap to the court and media. I think those who voted you in should hold a “recall” so you can retire to “somewhere” where everyone calls each other by their rank. Speaking of RANK….
David • Jan 27, 2009 @7:10 am

The literary device in which a speaker directly addresses some abstraction or absent person is known as “apostrophe”. Isn’t that interesting?
Derrick • Jan 27, 2009 @7:44 am

I could say “Captain Considine” and make it sound a thousand times more disrespectful than “Trustee Considine”
Larry Sheldon • Jan 27, 2009 @8:02 am

‘I could say “Captain Considine” and make it sound a thousand times more disrespectful than “Trustee Considine”’

My father’s father was a high school teacher and some-time high school principal and a towering impressive man.

He was called on the carpet by the Board of Education because he “allowed his students to be disrespectful”.

His answer was just as above–the kids that called him “Pops” showed him more respect than some of the board members did calling him “Mr. Sheldon”.

And on anther item back up thread….among the things I am not is parliamentary lawyer, but I have served on a number of boards and such over the years. It is my understanding that parliamentary law generally requires that members of a body must speak only to the chair (or at least sound like that is what they are doing) and must refer to others on the same body in the third person, using a reference relative to the body in question. So it would seem to me that she should be referred-to as “the Trustee [from X]“, never in the first person at all.
Clint • Jan 27, 2009 @6:12 pm

She sounds like a tool, but she has a great Star Wars name. Frankly, I don’t think I could talk to her without subconsciously trying to channel James Earl Jones.

“Captain Considine, you have failed our children for the last time!”
/Vader
Seaman Recruit Doe • Jan 27, 2009 @8:37 pm

Noreen,

First off nothing in Title 10 says that only at the O-6 and above grades are titles conferred by Congress. The service recommends all Officer’s to the President who then by signature nominates them to the Senate for confirmation. Your title of Captain has no greater “congressional” standing than does Ensign Doe.

Give it a rest Noreen and apologize to your constituents for being an ass.
alphanitrate • Jan 27, 2009 @9:58 pm

As a member of the Order of the Jedi, I would require her to refer to me with my rank of MASTER. She agrees – I’ll use Kaptain Kangaroo’s rank in kind.
BradK • Jan 28, 2009 @1:59 am

Would “Crustee” be considered actionable?
PO2 Gonz • Jan 28, 2009 @10:25 am

Typical behavior for someone who very likely sat on her ass all day long but was promoted on the merits of being perhaps the first female in her command to do so!
I have been in the military for 12 years and have seen it too many times.
Noreen get over it and go enjoy your retirement in peace!!! Also, don’t forget that you are NO LONGER in the military and that NO civilian is required under any law or regulation to call you by your rank. Ms. Considine is considered more that appropriate but that might change if you continue with this nonsense, it might chance to Ms. Egosidine!
There are far more serious problems with our education system and education!
Tim Adams • Feb 3, 2009 @12:56 pm

She may actually be in violation of several articles of the UCMJ for trying to use her military postion for personal gain and poltical activites.

And since she is retired, she can be held subject to the UCMJ and punished as such.

make sure you post up how this goes. I will be happy to refer her to the USN JAG office as well as the DOD IG office.