From Staff Reports

As for the City of Asheville’s rejection of his application to serve on the city’s Human Relations Commission, John Miall said, “I’m not sure what criteria was used here, but it didn’t have anything to do with merit or experience.”

Miall, who is a retired city risk manager and former long-time human resources manager and currently serves as vice president of the watchdog group WNC Citizens for Equality, made the aforementioned statement in a telephone interview with the Daily Planet on Sept. 9. 

Miall was one of five WNCCE members, all of whom are white, who applied to fill the vacancies advertised by the city.

In the interview, Miall said, “What made this a concern for our group was the original announcement said they (the city) were looking for blacks, Latinos, LGBTQ+ and ‘community leaders’ — whatever that means — to serve on the new Human Relations Council.

“There were five of us altogether, who applied. The city never called us... never did a telephone interview with us... never acknowledged receipt of our applications. There was just total silence.”

They announced that they were going to ask the existing commission members to serve past their terms to give the city an opportunity to re-advertise to fill the posts.

Interestingly, they may have assumed my race. They may have assumed my gender. But the community leader part, I felt I qualified. After I retired in 2005, and the city called and asked if I'd serve on the Civil Service Board — and lo and behold they named me as chairman. So I’m not sure what criteria got acquired here, but it didn't have anything to do with merit or experience.

I don’t currrently know the race or gender of any of the existing Human Relations Council members. I heard that two white people had been appointed in the past or are now serving but I’m not 100 percent sure of that.

But, again, we come down to the same issues — that the city is routinely using race and now gender at least go round for 

You don’t need a law degree to read the Civil Rights Act of 1964 — you can’t use race, gender in your criteria for hiring or appointments to boards and commissions.

Part of my career with the city was in human resources, before I became the risk manager. You had to disregard age, race, sex, national origin, you simply had to hire based on merit. A tremendous effort was made out of the city manager’s office all those years that when they hired, that it represented a fair cross-section of the population of Asheville.

Just to say we’re going to bring in these people is a blatant gross violation of the year.

Imagine living in a world, again, where outwardly or discreetly, you say we’re only hiring white people.That was outlawed in 1964 by the Civil Rights Act.

What does he expect to happen? It’s in federal court and I have zero knowledge about federal court. Usually, attorneys will file a motion for summary judgment, asking the judge to throw it out because the case is without merit. If it survives that routine challenge, then I think the case will be put on the docket.

Anything else in the pipeline?

I can’t comment. The WNC Citizens for Equality are carefully scrutinizing WNC to abide by the law.  

Miall added, “There were five of us, altogether, who applied. The city never called us... never did a telephone interview with us... never acknowledged receipt of our applications. There was just total silence...”

Instead of appointing him and the four others to the HRC, “They (the city) announced that they were going to ask the existing commission members to serve past their terms to give the city an opportunity to re-advertise to fill the posts.

“Interestingly, they may have assumed my race. They may have assumed my gender. But the community leader part, I felt I qualified... Shortly after I retired in 2005, the city called and asked if I’d serve on the Civil Service Board — and, lo and behold, they named me as chairman. So I’m not sure what criteria was used here, but it didn’t have anything to do with merit or experience.

“I don’t currrently know the race or gender of any of the existing Human Relations Council members. But I heard that two white people had been appointed in the past or are now serving, but I’m not 100 percent sure of that.

“But, again, we come down to the same issues — that the city is routinely using race — and now gender—  at least in the first go round” for consideration. 

Miall added, “You don’t need a law degree to read the Civil Rights Act of 1964 — you can’t use race or gender in your criteria for hiring or appointments to boards and commissions.

“Part of my career with the city was in human resources — before I became the risk manager.” In that capacity, “You had to disregard age, race, sex, national origin. You simply had to hire based on merit.

“A tremendous effort was made out of the city manager’s office all those years to ensure that, when they hired someone, that it represented a fair cross-section of the population of Asheville.

“Just to say we’re going to bring in these people is a blatant gross violation of the law. Imagine living in a world, again, where outwardly or discreetly, you say, ‘We’re only hiring white people.’ That was outlawed in 1964 by the Civil Rights Act.”

So what does he expect to happen in the case? the Daily Planet asked.

“It’s in federal court and I have zero knowledge about federal court,” Miall replied. 

“Usually, attorneys will file a motion for summary judgment, asking the judge to throw it out because the case is without merit. If it survives that routine challenge, then I think the case will be put on the docket.”

So is there “anything else in the pipeline” of lawsuits in the near future from the WNCCE? the Daily Planet asked.

“We are always appreciative of the public when they see local governments not following the law in doing the public’s business and letting us know what may need our attention,” he answered.

“We can be reached either on Facebook, or in total confidence on our website at wnccitizens4equality.com/, Miall said in concluding the interview.