Thereneeds to be an auxilary gym at Northview for PE classes and practices after school. I talked to a student who told me that they played euchre during PE class because they did not have enough room for the classes. Lion, just because the reason you were given was not a good one does not mean there are not legit reasons for it. The "Gestapo" would have a much easier time of coralling the masses with a new auxilary gym. PS-I still can't believe you used that word!

Again... did you get enough signatures to block the progress??

-- Posted by Anodos on Thu, Sep 11, 2008, at 9:06 AM

Those who can, do. Those who can't, teach. Those who can't do or teach waste everyone's time by filing remonstrances and writing long winded blogs and letters to the editor.

Response:

Failure to plan is a plan to fail. The petition and remonstrance process is written into law, IC 6-1.1-20, along with its timetable. Had the school corporation planned properly, they would have included the time required for this process in the project's timetable. Of course, had the school corporation actually presented to the public justification for what is proposed based on solid research and the law instead of someone's opinion of need and discussed the many options open to us at the formal public meetings on the subject instead of saying that this is our plan, we would not now be engaged in this debate.

As to wasting time, how I spend my time is of no concern to anyone but me. However, I have not and will never force you to read anything that I write. You do that of your own free will. Obviously, you care enough about what I write to read it and comment, therefore, I did not waste my time writing it.

As to the amount of signatures collected, we will just have to see how many are valid. I can tell you this that the petitions turned in far outnumber the remonstrances.

However, the whole of the petition and remonstrance process may have been compromised with the first display of the yard signs promoting signing the petition. If you have access to one, a copy of the Brazil Times published on the dates of Aug. 14 and 21, a copy of the yellow flyer, or you can go to http://improveourschoolsnow.googlepages.... and read the contact information. You will find the telephone number to the Clay Community Schools Corporation listed as a point of contact, along with the names of two school corporation officials to be contacted.

From http://www.in.gov/legislative/ic/code/ti... on 09/08/2008

IC 6-1.1-20-10

Restrictions on promotion of position on petition or remonstrance

Sec. 10. (a) This section applies to a political subdivision that adopts an ordinance or a resolution making a preliminary determination to issue bonds or enter into a lease. During the period commencing with the adoption of the ordinance or resolution and, if a petition and remonstrance process is commenced under section 3.2 of this chapter, continuing through the sixty (60) day period commencing with the notice under section 3.2(b)(1) of this chapter, the political subdivision seeking to issue bonds or enter into a lease for the proposed controlled project may not promote a position on the petition or remonstrance by doing any of the following:

(1) Allowing facilities or equipment, including mail and messaging systems, owned by the political subdivision to be used for public relations purposes to promote a position on the petition or remonstrance, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the political subdivision.

(2) Making an expenditure of money from a fund controlled by the political subdivision to promote a position on the petition or remonstrance or to pay for the gathering of signatures on a petition or remonstrance. This subdivision does not prohibit a political subdivision from making an expenditure of money to an attorney, an architect, registered professional engineer, a construction manager, or a financial adviser for professional services provided with respect to a controlled project.

(3) Using an employee to promote a position on the petition or remonstrance during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the petition or remonstrance at any time.

(4) In the case of a school corporation, promoting a position on a petition or remonstrance by:

(A) using students to transport written materials to their residences or in any way directly involving students in a school organized promotion of a position; or

(B) including a statement within another communication sent to the students' residences.

However, this section does not prohibit an employee of the political subdivision from carrying out duties with respect to a petition or remonstrance that are part of the normal and regular conduct of the employee's office or agency.

(c) A person may not solicit or collect signatures for a petition or remonstrance on property owned or controlled by the political subdivision.

(d) The staff and employees of a school corporation may not personally identify a student as the child of a parent or guardian who supports or opposes a petition or remonstrance.

(e) A person or an organization that has a contract or arrangement (whether formal or informal) with a school corporation for the use of any of the school corporation's facilities may not spend any money to promote a position on the petition or remonstrance. A person or an organization that violates this subsection commits a Class A infraction.

(f) An attorney, an architect, registered professional engineer, a construction manager, or a financial adviser for professional services provided with respect to a controlled project may not spend any money to promote a position on the petition or remonstrance. A person who violates this subsection:

(1) commits a Class A infraction; and

(2) is barred from performing any services with respect to the controlled project.

As added by P.L.1-2004, SEC.32 and P.L.23-2004, SEC.35. Amended by P.L.162-2006, SEC.5; P.L.146-2008, SEC.199.

As a result, I submitted to the Department of Local Government Finance, various other state agencies, and the Clay County Prosecutor evidence and a statement very similar to what follows:

1. While not identified with specific references to law for each action or activity listed, each petition or remonstrance counterpart relating to the Clay Community Schools Corporation's Elementary Facility Improvement and Security Program was accompanied by County Form 201I that lists, under Item Number 13, actions and activities that are prohibited to political subdivisions, including school corporations.

2. Equal access to facilities and/or equipment was not offered to persons in support of the remonstrance.

3. That between the dates of August 7, 2008 and September 8, 2008, a person or persons unknown caused to be published as the primary contact telephone number the number, (812) 443-4461, said telephone number being one answered at the location of the Clay Community Schools Corporation Central Office by employees of the corporation during the employees' working hours and that the account in relationship to maintaining telephone service for that telephone number is paid out of Clay Community Schools Corporation funds, on a website, in newspaper advertisements (the only place where a secondary point of contact, telephone number (812) 691-0257, was listed), in flyers for public distribution, and on yard signs to promote a position on the petition, thereby committing violations of IC 6-1.1-20-10 (1), (2), (3), and (4c).

4. That between the dates of August 7, 2008 and September 8, 2008, any person who distributed the Clay Community Schools Corporation Central Office's telephone number, (812) 443-4461, to promote a position on or to establish contact concerning the petition whether via electronic means by publishing it on a website, by publishing it in a flyer, yard sign or newspaper advertisement, by handing out flyers, or by displaying it on a yard sign in public view became an accessory, whether intentionally or unintentionally, to the commission of violations of IC 6-1.1-20-10 (1), (2), (3), and (4c).

5. That between the dates of August 7, 2008 and September 8, 2008, two senior Clay Community Schools Corporation employees, being listed by name and position for thirty days or more as the points of contact on the Improve Our Schools Now website, in newspaper advertisements, and in flyers distributed to the public advocating the signing of the petition, did willfully and knowingly cause or allow without protest, contradiction and/or retraction the use of their names and positions within the school corporation to promote a position on the petition and therefore committed violations of IC 6-1.1-20-10 (3) and (4c).

6. That between the dates of August 7, 2008 and September 8, 2008, an unknown entity, person, or persons caused telephone communication equipment owned by the Clay Community Schools Corporation to be used to promote a position on the petition, solicit signatures for said petition, utilized school corporation employees to promote a position on the petition, and caused the solicitation of signatures on the petition on property that is controlled by the Clay Community Schools Corporation, the location of said property being the corporation's Central Office, 9750 North Crawford Street, Knightsville, Indiana, 47857, thereby committing multiple violations of IC 6-1.1-20-10.

7. This listing of violations committed by proponents of the petition in favor of the Clay Community Schools Corporation's Elementary Facility Improvement and Security Project is by no means complete. An investigation may possibly reveal more violations of the law such as the placing of counterparts in locations for un-witnessed signatures even though a carrier of a petition or remonstrance counterpart must sign a sworn verifying affidavit attesting to the fact that all signatures affixed to the counterpart were executed in the presence of the carrier, school corporation employees promoting a position to other employees during meetings while on school corporation property or at such places and times that school corporation employees were compelled to be in attendance (such as meetings held at places other than school corporation property but required by employment within the corporation), and/or senior school corporation officials promoting positions on the petition in such a manner that employees might believe themselves compelled to affix their signatures to it or suffer consequences relating to their continued employment with the Clay Community Schools Corporation. While other people have told me of incidents of the types I have described in the preceding sentence, I did not observe the incidents and, therefore, cannot and will not attest as to the fact that they occurred.

8. Due to the actions, activities, and items listed previously and there being no reliable method of determining as to which of the various signatures on the counterparts of the petition have or have not been affected, the validity of the counterparts of the petition in favor of the Clay Community Schools Corporation's Elementary Facility Improvement and Security Program is suspect and practically impossible to be determined except by questioning every person who signed a counterpart of the petition under oath as to the fact (1) that they did or did not call the Clay Community Schools Corporation Central Office about the petition or to establish contact to sign the petition, (2) that they did or did not contact Clay Community Schools Corporation employees concerning a position on or to establish contact during the working hours of the school corporation employee who answered the telephone call about the petition, and (3) that the appearance of Clay Community Schools Corporation employees ' names and/or job titles appearing on the Improve Our Schools Now website, newspaper advertisements, and flyers did or did not have any influence on the decision to affix the signer's signature to a counterpart of the petition in favor of the project.

So, basically, progress may well be stopped or delayed. I'll keep you informed when I get word.

Yes, Jenny, did use the word "Gestapo" to describe the lunchtime situation as she saw it, but that still was not the first or last time I heard the word used during the time frame. The first time was from a former Northview student. At the time I originally mentioned it, I had heard it from two former students, four parents including Jenny, and three current students. Over the rest of the signature collection phase, I heard it from five more former students, twelve more parents, and five more students who are either attending North Clay or Northview at the present. Fourteen of the comments concerned North Clay and seven concerned Northview. Two of the comments were about specific people, three were about policies and the rest were about unspecified personnel.

Then there were the two incidents where Stalin was mentioned and the one where the person went deeper into history for Attilla the Hun. Of course, these comments sprang from incidents or observations that occurred over a period of years. I didn't even try to keep track of the comments about former and present corporate employees and school board members.

What bothered me was that someone could hold the perception that our schools or personnel could, in any way, be compared to what I consider some of the most despicable tyrants or organizations known to history.

I had some strict, no-nonsense teachers when I was in school but I never thought of them as tyrants. As a student, I thought that some of the policies were just adults restricting the freedom of the students. Believe it or not, in the early seventies, our high schools had stricter dress codes and a "no facial hair" policy. Of course, you never saw a male teacher without a tie, either. You didn't see tattoos on anyone and the only piercings were in the ladies' ears. But times change.