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Thursday’s Thoughts

I’ve got some other work to do today so this post will be real quick.

Like I hinted at weeks ago, the city is naming Frank Straub, the former Public Safety Commissioner of White Plains, NY as the new Public Safety Director. 

Indiana Superintendent Tony Bennett says teachers unions may have renegotiate local contracts and forego pay raises and pay more for health insurance in order to avoid layoffs.

IPS Superintendent Dr. Eugene White actually said in an interview that IPS’ money problem would be solved if they were made exempt from the property tax caps.

Governor Mitch Daniels says Indiana is still an island of growth compared to other Midwestern states, however the sea levels have risen.   The full interview will be up later this weekend.

City-County Council Presidential nominee Ryan Vaughn says any proposed smoking ban will be put on hold indefinitely.

Local attorney/blogger Paul Ogden got a smackdown yesterday from the Courts.

Editor’s note:  For all you people who obsess over Article 8, 13 and any other provision of the Indiana Constitution might I suggest you start your own blog, get your own radio show, hire your own attorney, sue the State and move on, because you guys are getting real old and wearing out your welcome.   And I am five seconds from removing your comments because you guys  are really annoying.

View Comments to Thursday’s Thoughts

  1. pogden297

    Actually the article has it a bit wrong. We had a Fourth AND Fifth Amendment Claim, but even though we mentioned due process, we failed to specifically identify the Fifth Amendment. Under the notice pleading rules, I think the complaint was sufficient. (That rule and case law says you don't have to plead specific facts or legal theories.)

    While I see you take delight in my losing an issue in court, at least I get in the arena fighting for good causes. I should hope you don't support the city of Indianapolis wrongly seizing people's guns and then refusing to give them back until the guns are tested and the owner fingerprinted. In this case, the City knew we had filed a notice of tort claim and they still destroyed the guns. I would think as a conservative you would be outraged by this City's hostility to gun owners. We have the most restrictive gun return policy in the Midwest.

  2. Samantha Davidson

    Mister Hakim-Shabazz,

    I was listening to your radio show this morning from 5 a.m. to 6 a.m. and realized that it was a recording from before. During that show, a man named Larry brought up a point about property taxes which you clearly showed your irritation in the matter and I just read your response here today where you mentioned that you are five seconds away from deleting posts.

    Let me advise to you that you are standing on very thin ice for you have a responsibility to the people and yet you continue to surmise that if we are upset about the total misapplication of the laws, we should hire an attorney. You have yet to answer the concerns of the public in regards to Article 8 Section 2 where it specifically states in the last sentence who pays property taxes and that it goes to a “common school fund” which we all know this is not the case.

    Quit your pandering to the politicians and start asking these questions. It is totally absurd to think that if the Constitution does not state that the government can tax residential property, then they can do so for the Constitution is very specific and direct to the powers in which our public servants have taken an oath to uphold.

    We know that the Constitution does not apply to the people for it only covers those who serve in government and we also know that the people are ABOVE the Constitution and that we have the ultimate power in EVERY situation and even in court.

    As far as your solution to hire an attorney, I have a much better idea and soon it will be unleashed. In my act of diplomacy towards you as I desire to live with honor, I again ask you to stand up for the people and start asking these questions of our elected government and post their responses here on your blog. If you do not like my response, then so be it, but I overstand you in this particular moment and qualify my statements with sincere determination.

  3. Indiana_Barrister

    No offense, but the only people who bring up Article 8 are you people who post here. No one else brings this to my attention in real life. If I hear more than three people bring this up then maybe I'll give it some thought.

  4. Samantha Davidson

    Do you want my entire church to call you?

  5. Indiana_Barrister

    I'll do better than that. I'll come talk to your church.

  6. Think Again

    No, Minister Abdul <g> …you're on the right track re: Art.8. Please don't back down. But get prepared to be ridiculed for wildly abandoning all that's holy and our laws.

    I'd remind the Art.8 folks, that (at least) two of the most-significant tax cases in Indiana history have come from taxpayers with bare-bones legal budgets. The Lake County case on which Judge Fisher ruled, regarding the latest property tax fiasco, had minimal plantiff costs.

    At some point, the Art. 8 folks either know more than the rest of society, or they're, well….let's just say over-occupied with a single thought.

    Dr. White's comments are hilarious. Especially for a man with a 2 million dollar cabinet of cronies. Remember about six years ago, when he called Gov. Dnaiels a liar? What a class act.

    As for Dr. Bennett, his self-righteous act wore thin a long time ago. Do you know, he came from a school district with lousy performance scores? And lousier budget performance?

    Which shows a couple of things: just how stupid most standardized tests are. And how stupid Bennett must think we are, to continually take his nonsense without questions.

    Uh, Dr. Bennett: certainly you're aware there are some districts whose teacher bargainers have already adopted this policy: safeguard benefits, hold the line on salaries. A few years ago.

    Do you need specific districts where that's happened? Or can someone on your staff of 150 find the data in that maze of bureaucracy you control?

    Poof be gone Tony. Teacher unions are part of the problem. We get it. Continual teacher-union-bashing is a broken record, pandering to the far-right-wing who love it. It solves nothing. How about asking your (former) fellow administrators to get a grip and start emptying out the central offices all over Indiana? The savings would be huge. The productivity would not suffer much.

  7. Samantha Davidson

    Out of all due respects, I think it is a better forum to discuss here or on your radio show. We are not very comfortable with your position and have had conversations about your handling of this issue. If you can show us in good faith that you are willing to tackle this issue, we will be more than happy to invite you into our congregation. However, at this moment, we know that there is far too much corruption in our government and media and we will wait until we see true changes within you.

  8. Indiana_Barrister

    So let me get this straight. You don't agree with my position and don't like the way I handle the issue, you have an opportunity to sit down “one on one” in an open forum to talk about your concerns, and you say no. Are there any squirrels hanging around you right now?

  9. Dobie

    Abdul -

    I want to thank you for providing this forum. I can understand your frustrations, but I want to let you know that I appreciate your providing a place where reasonable people can discuss or even disagree on topics that are important to many of us. Too many of these types of forums get taken over by nut jobs from either the right or the left, or even a few that I think come from outer space – but site is one of the better ones I have found. In my opinion you do a great job of providing important information. I particularly enjoy the speeches or interviews that you sometimes post. It is nice to get information directly from the horse's mouth. Again, thank you for doing this.

    Dobie

  10. Kelly Bentley

    Actually Abdul,the idea of exempting schools from the cap makes sense especially since K-12 has no other way to raise revenue. School districts can't pass COIT or raise tuition, and since the State took over 100% of the K-12 General Fund, districts can't go through the referendum process to raise addtional revenue for operations.

    The governor is cutting $300 million from education over the next two years. Schools are also projected to lose $288 million in property tax revenue to the tax caps over the next two years (and these losses are in no way tied to current spending or actual need).

    The legislature could enact a two-year delay on the application of the caps to school property tax funds, and then allow districts to transfer some of those funds to the General Fund. Exempting school property taxes from the circuit breaker would also free up $60 million in relief grants for 2010. That's about $348 million in funding, which would be more than enough to cover the cuts.

    And taxpayers would still benefit from property tax relief. The portion of the projected credits attributable to schools is less than 1/3 of the nearly $1 billion in relief that Hoosiers are projected to receive through the credits over the next two years.

    Before people scream about the need for school districts to reduce spending, especially central office spending–I don't disagree! Central offices are way too big and full of way too many highly paid people, but districts aren't going to find $588 million by cutting central office expenditures.

    I'm also a huge fan of consolidation of services (as well as funding individual schools rather than school districts). The problem is there are too many school districts in Indiana that will not be impacted by tax caps. They can continue spending at high levels regardless of actual need, so I doubt there would be much interest in consolidation.

  11. Samantha Davidson

    It is quite simple.
    You must put your actions to work for we know the truth and it has been expressed in vivid clarity here on your blog. When you are ready to walk with the people, the door will open.

    God is the shining light in all things

  12. Indiana_Barrister

    I don't walk, I drive. And if God is shining light you people need a better bulb.

  13. seanshepard

    Let's boil it down very simply. The city stole a man's property and destroyed it. The theft might have been by accident over a clerical error; but, once the error was discovered they still did not immediately return the property?

    Now, as a regular citizen, if I am knowingly in possession of stolen property, that is a crime.

    I think it is perfectly fair to hold government to a standard of returning property, without delay, that has been improperly taken.

  14. guest

    Senator Mitch Daniels and Abdul,

    Keep up the great work.

    City Frets Over Which High School Will Close
    2 Anderson Schools Might Have Played For Last Time
    Rick Hightower
    WRTV 6 News Reporter/Anchor
    http://www.theindychannel.com/education/2198847...
    POSTED: 10:54 pm EST December 16, 2009
    UPDATED: 7:29 am EST December 17, 2009

    ANDERSON, Ind. — The Anderson Community School Board's decision to cut one of the city's two high schools earlier this week amped an already impassioned battle between the schools for what could be the last time.

    The basketball rivalry between Anderson and Highland high schools is rich in history and tradition, and the possible last game between the schools Thursday night reignited school pride, 6News' Rick Hightower reported.

    More than an hour before the game started inside the Highland High School gym, the stands were so packed that a decision was made to turn fans away once ticket sales hit 4,300.

    “It's tough to swallow, but economics are economics,” said Mark Harvey, a Highland booster who was selling raffle tickets for a game ball signed by both teams.

    Highland brought along its famous band, with bagpipers, such as Shelby Britt. As she held back some emotion, Britt said, “Whatever they proceed to do … it should be supported by the community.”

    The future is uncertain for both schools. The board said it will close one of them, but a determination has not yet been made about which one that will be.

    “It might cause some problems for some kids, but I think our athletics will be a lot better,” said Shane Passmoore, a student at Anderson High School.

    “It's a great legacy for our community, but there's also a little fear and anxiety for a lot of people, as well,” said Madison County Prosecutor Rodney Cummings, a former athlete at Anderson High.

    Mixed emotions were prevalent in the overflow crowd.

    “It's like our biggest game … It's kind of sad,” said McKenzie Buck, a Highland student.

    Mark Gary, an Indiana all-star from Highland in 1984, said he will forever remember the rivalry's history.

    “What great tradition, what great games there's been over the years — a great atmosphere,” Gary said.

    The teams could meet again in post-season play.

  15. Samantha Davidson

    The vast majority of people spend their days walking around blindfolded. They have become accustomed to a voice which tells them how to live their lives and they believe that they are hearing their own thoughts and ideas. Near these little people are grand manipulators who are vicariously sitting in their plush recliners with Tahiti Sunrise etched in pastel colors while drinking their scotch in large gulps and watching the mindless little people walking about with their blindfolds tight and clueless smiles and they continue instructing them as though the little people are playing a game of pin-the-tail-on-a-donkey in a darkened room.

    While the little people meander about, they have no realization that they are only feet away from the edge of a cliff the size of the Grand Canyon and with plenty of room for fallen souls to fill it's chamber. All the while, the manipulators occasionally find themselves bored with a certain person or irritated that they did not do exactly what they had advised so with their voice, they guide them over the edge where they plunge to their death. They do not care about the little person's life for to them, they are like a stone or a tree branch and it is far more exciting to hear the little person's scream as they fall into the abyss or their cries in agony when the little person's body does a bone-crushing thud on a ledge below. It is by this very nature that the conscience of the manipulators expresses very little concerns about the worthless little person as long as they are comfortably reclined with a glass of scotch.

    For years I was one of those little people proudly wearing my blindfold and believing in people who called themselves my government, or my minister, or my teacher, or the media, but one day the side of my face started itching so my hand quickly scratched it and I felt this cloth over my eyes and my hands worked behind my head and I discovered that the cloth was tied and I loosened it and realized I was just a foot away from the edge of the cliff and I fell to my knees trembling. When I regained composure, I started seeing those very manipulators who's souls are dark voids guiding the millions with blindfolds who walk about aimlessly. At first I was a bit worried that the manipulators can see me for I am no longer following their instruction and my blindfold has clearly been removed, but I was just one out of millions and they thought that I will eventually join them in their deviant exploits especially because even their souls can be purchased on the open market for a price.

    I attempted to wake up the little people by yelling, but they just laughed and thought I was being dramatic. I tried to reason with them by gently asking them to raise their hands and feel about their eyes and surely they will notice the cloth covering it, but they called it a conspiracy and chuckled as though they and the manipulator shared a secret understanding of my delusions. I even gave them a braille tablet for them to read, but they didn't have time for their evening was lined up as they had to catch the news, then watch American Idol, then later the Daily Show while channel surfing in between to transition their mind numbing illusion.

    All in the while, the little people are oblivious that money has no real value or backing for what purpose is debt when we can print print print? They do not understand that the stock market is a giant casino with Goldman Sach's holding a master key with a computer program that they even admitted it can be used to alter the stock prices and change the direction of the market. Let alone does anyone see that the S&P are changing companies in their 500 formula at such a rate that the market appears to be going up and recovery is on it's way. Nor do many people understand that even government data such as GDP, CPI, Unemployment, and so forth are all meaningless for their true variables are massaged to soften the dire straits of the economy as a whole. All people hear from the talking heads manipulators is that green shoots are appearing and recovery is on the way and the little people gleefully return back to their tasks feeling that the government's safety net will capture them.

    A month ago, one of the biggest events happened and very few of our media actually reported it. They didn't tell the public that scientists from the Inter-governmental Panel of Climate Change (IPCC) which is tied to the United Nations has been tricking the results of temperature data to show that the earth was warming while even in their emails, they discussed the earth was cooling, they even admitted to ignoring Freedom of Information (FOI) requests, threatened scientists who did not agree, threw away data samples while keeping only the numbers in their official reports, and will not engage in a debate because they claim the science has already been determined all while 31,000 scientists disagree and many others had to threaten to sue the IPCC for putting their names upon the IPCC's report when they did not agree with their findings. And if you follow the money and the players involved, it appears that this scandal has a trademark of a true collusion between business, government, and scientists while the media has sat idly and barely said a word or quickly distort the reality in their writings to confuse the message just enough to keep the people from asking serious questions about this fraud. And again and again, the manipulators convey the mere words of “conspiracy” to once again get the little people to snicker in their shared understanding of who is delusional.

    But the day has come for the light is too bright for it even illuminates the inner sanctuary of a black hole that distorts gravity but never truth. The seal is broken and the day is near for it was written long ago that a great revelation will ensue and the kingdom of heaven will cascade upon us with the throne of judgment laying blame as the one and only reads his verdict.

    Many of us are not blind, but rather we are elements of the light and sometimes we flicker in our worry and sins, but our resolve is stronger than 10,000 armies. And now the trumpets are blaring and soon those who laid claim to the earth by selling people as instruments will pay the ultimate price for God's greatest commandment was broken and all we had to do was to love each other in not just mere words, but through the fruits of our action.

  16. pascal

    Muncie also has two high schools-one of which is not needed and hasn't been for at least a decade or two. Kelly Bently always writes so reasonably about the need for more revenues for her school district. Most people think the academic results can be achieved at considerbly less expense in ALL government schools. Adult supervision is finally prevailing in Anderson but not in Muncie? Any number of posters on this forum could, given the authority, reduce IPS expenses with next to no harm to student academic achievement. I've long ago suggested solutions to both Mitch and Mr. Bennett and will be surprised if they are not adopted. School Boards it might be stated, have NOT been good stewards of the public money as a rule. I don't know of a single one that gets a dollar's worth of value for each dollar expended. That should be the goal and reduction of budgets until that goal is reached needs to be the priority.

  17. adamlongworth

    Samantha, if I may..

    “You must put your actions to work for we know the truth and it has been expressed in vivid clarity here on your blog. When you are ready to walk with the people, the door will open.”

    If I understand you correctly, the reason you will not invite Abdul out to your church is because you don't agree with his views on the matter? Essentially, in order for you to hear (in a forum) a view that you disagree with, the person in question must change their view to align with yours.

    Now stay with me here–this is more of a rhetorical question for you to ask yourself…If you were to voluntarily go to a forum hosted by Abdul, would you be willing to change your views to accommodate his? Carnac says it's unlikely…something I believe you should ponder…

  18. Think Again

    Adam hit the ball out of the park.

    Samantha, honey, are there black helicopters outside your window? Just asking.

    Kelly, with all due respect, income isn't the problem at IPS. It's expenses. Well, expenses AND attitude. Empty out the central office except for lower-level clercial functions that need to be performed at the headquarters. Gene has a long history of spending too much on that category. And here's a hint–his strong suit is NOT budgets. Never has been.

    Think about all the fixed-asset expenses within IPS. Step back. Close some more schools.

    And then create a solid response to this question: what is the legitimate annual cost, with admin nonsense stripped out of the equation, of the non-traditional IPS student's education?

    I think the general public understands, that for reasons beyond IPS's control, the overwhelming majority of their students have become the more-difficult-to-educate. If the LEGITIMATE budgetary factor there is 1.5 X more expensive, I don't think you're going to get much resistance on that kind of additional money over the “average” student.

    But the IPS bureaucracy is so steeped in crap, that I don't honestly know how you can see over the top of your desk.

    Next time you need a new superintendent, look outside the entire educational establishment. Seriously. If IPS is even around then.

  19. melyssa

    According to the WXNT poll, 86% of Abdul's listeners gave Obama an “F” or “D” as a grade for the end of his first year in office.

    I'm glad there are guys like Paul Ogden who will fight battles for the people in the courts when our rights are comprised. And it is good to see that his lawsuit put this issue on the radar screen of more citizens who otherwise would not know this happened.

    Arguably our country's greatest leader, George Washington, lost battles in the war because he lacked the same resources at his disposal as King George had available. The best of Americans didn't ridicule Washington because he lost a few. The best of Americans gave him encouragement to keep up the fight for freedom.

  20. melyssa

    um….I meant to write “when our rights are compromised”.

  21. Rico

    A conservative who supports Barack Hussein Obama is no conservative at all.

  22. Rico

    How about getting rid of the teachers union all together? They have dumbed-down our students for far too long.

  23. Rico

    I suppose for one not to believe in the global warming hoax he/she must be suffering from paranoid delusions? It's the fools like yourself who go on believing the BS despite the facts staring them in the face.

  24. Rico

    It's only 86%, Melyssa, because there's no grade lower than 'F' for our Coward in Chief.

  25. jackthelad

    If Tony Bennett uses the momentum of the disintegrating economy to impede the unions with their own weight, the Indiana Education system may cease to be an oxymoron. Perhaps he can even cave in the “Yuppie Habitrail” between the Stadt Haus and, the ISTA.

    Eugene “The Bling Meister” White will say anything to keep his stick, his rat hole and the money to poke down said rat hole. His statement proves the tenacity of an addict, of any sort.

    “Island of growth?” Hey Mitch, the supplies salvaged from the shipwreck have run out and, the Captain Blighs of government have turned to cannibalism. Quit wiping your mouth on your sleeve, the scraps are sticking to your heart.

    Article 8, 13. Fisher is so taken by his dotage, that he can no longer feel the hand(s) up his backside. “Administrative Remedy” is a mobius. I foresee lawsuits like raindrops, IF the GA decides to pass off this load. (My last word on the subject, until I say I told you so.)

  26. Matthew Stone

    So no opinion about the actual lawsuit? I'd hope that one could put aside personal feelings for individuals to be objective and speak out on a clearly illegal practice. The IMPD screwed up in the seizure of this citizen's lawful possessions, and they wanted to treat him like a criminal because he dared to want his property back.

  27. melyssa

    Abdul, no offense but you and I both know if you interview most Hoosiers on the street, they couldn't tell you Indiana had a Constitution let alone what is in it. So the chances are slim you are going to hear the Article 8 question raised too often in casual conversation outside of our circles.

    I work with a few hundred college grads at my job. My old boss was an Orr Fellow who left to go to Harvard to get his MBA. He couldn't tell you what was in the Indiana Constitution. My co-workers immediately around me are clueless about politics except for a couple of them and even they don't know the Indiana Constitution. Everyone I know (outside of my political circles) HATES politics and hates discussing it because they feel so helpless against this huge out-of-control machine that doesn't obey its own rules.

    But just because the general public doesn't know what's written in the constitution, doesn't make the argument that the Constitution is not the absolute rule of law in Indiana.

    So yeah, those of us who care about the Constitution got mucked up together and that's why you hear it coming seemingly from one place. But I assure you, I didn't know any of your listeners until I got involved in politics as an activist.

    A lot of us came together around YOUR show because we felt you sincerely cared about The People getting a fair shake at good law abiding government. We saw you shaking the tree a little more than most media types and we liked that.

    But lately, you seem really out of touch with The People and more in touch with the politicians.

    Maybe you think that your politician buddies are above the law, however, your listeners don't. And both you and your advertisers rely on listeners.

  28. pascal

    I'd appreciate a link to Fisher's opinions. I didn't think he touched on Article XIII but I can be convinced otherwise. I'm wondering what happened to our reasonable discussion on same. “Show me in Indiana where a municipality's indebtedness has exceeded two percent of the value of the taxable property within its boundaries?

    This should be good.” Is 180 degrees from the diktat of the thread just a few days later. Someone leaning on a commentator…someone heavy? Should we proceed with this demonstration only to have the comment deleted?

  29. Dobie

    Did you see the article that explained that enrollment in the two schools has plummetted in the last few years? The reason they are closing a high school is because they don't have enough students to justify two high schools anymore.

  30. Think Again

    Jack The Lad, you may indeed have the last laugh. Who knows? I got to know Judge Fisher a little, and although we're from different political philosophies, I found him to be brilliant. He's now a senior judge, I think, and still presides over many cases at the Tax Court, after a long career in Rensselaer as a trial judge.

    One thing's for sure–you aren't Rico. And for that, be glad. Coward-in-chief indeed. What a loser. If we have no respect fo the Office of President, we're lost. I endured eight years of George W Bush, so I can endure anything. One thing's true about Presidents and Indiana governors–at most, we live with their idiocy or their brilliance for eight years. That's not a long time, really. It's often a fien line between the two performance levels.

    Melyssa, honey, your admonition to give leaders a chance was well-written. Excellent thought.

  31. IndyErnie

    Obama has done more damage to American in one year than Bush did in eight years…. and I'm no fan of Bush.

  32. IndyAries

    Think Again, let's try it this way…

    “The PUBLIC School fund shall consist of…”
    Numerous items, including..

    “TAXES ON THE PROPERTY OF CORPORATIONS…”

    Now, we can all read.

    What part of SHALL CONSIST OF don't YOU, PERSONALLY, understand?

  33. IndyAries

    Of course, the actual words of a Constitution or statute mean NOTHING unless they are first interpreted by a LIEyer or LiaR.

    The rest of us are simply too stupid to understand what we read without being told what it means.

    For example, somehow, “Taxes on the property of corporations…” was morphed into “Taxes on the property of private homeowners.”

    Here is another example where a LiaR or cabal of LiaRs have substantively altered the language or meaning of a Constitution by judicial fiat.

    In Matthews v Indiana, 237 Ind. 677 (1958), Justice Bobbitt of the Indiana Supremes had this to say about Article 1 Section 32:

    “Article 1, section 32, supra, does not say that the people
    shall have a right to bear pistols, or any other specific kind or
    type of arms.”

    Thus, Bobbitt bypassed Article 16 (how to amend our Constitution), and created a right of State regulation. Here is the plain, simple language of Section 32:

    “The people shall have a right to bear arms, for the defense of themselves and the State.”

    Contrast the above plain and simple language with the Illinois Constitution concerning this same 'right':

    “Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.”

    The Illinois Constitution quite clearly gives State government the right to regulate arms amongst their Citizens.

    Not so the Indiana Constitution. So, how does one get a Constitution changed without amending it?

    Find a LiaR (Lawyer in a Robe).

    I don't care if some LiaR somehow found a funding method for taxing private homes in Article 8 that the rest of us cannot see. I don't care if this was done 100 years ago.

    Our Constitution does NOT allow for the taxation of private homes for the support of public schools. At all!

    Just because a LiaR says so, doesn't make it 'right' or 'just'.

    I wonder if Abdul has the same contempt for Article 1 Section 37.

  34. wilson46201

    So many commenters here display such dazzling sophistry !

  35. John Howard

    This thread made me dizzy, having watched it change directions so many times.

  36. Dave

    Sophis-tree, the wooden wit of Owl Gore? Or is it Carniv-Al? No doubt his enviro-mental poetry was the inspiration for Love Story; which chronicles the development of the internet. His banker says he's green.

  37. Matthew Stone

    Mel, that post had a lot of class, moreso than many of the other comments in any of the entries, and made great points. I hope Abdul listens.

  38. Matthew Stone

    IndyAries, do you have a way of being contacted off site? You can grab my e-mail or AIM screen name here:

    http://www.blogger.com/profile/1590049767178153...

  39. IndyAries

    Hmmm….I wonder why that Liar would pass this off as “harmless error” or something. I've read where judges have sentenced people to years in a cage for 'harmless error', etc.

    No justice was done here. However, the executive branch found a friendly LiaR in the judicial branch.

  40. IndyAries

    Agree with Matthew, Mel. Good post.

  41. IndyAries

    Pascal, please don't limit yourself to merely reading Fisher's opinions. There were at least several opinions rendered in what are called the “Town of “Saint John” cases.

    “The present litigation has spanned approximately seven years and to date has generated six separate published opinions, including two decisions by the Indiana Supreme Court.*fn1 The Court will not recite the entire history of this long-standing controversy. For an overview of this case's procedural history, see State Board of Tax Commissioners v. Town of St. John, 702 N.E.2d 1034, 1035-36 (Ind. 1998) (St. John V). In St. John V, the Indiana Supreme Court affirmed this Court's determination in Town of St. John v. State Board of Tax Commissioners, 690 N.E.2d 370, 382 (Ind. Tax Ct. 1997) (St. John III)*fn2 that the cost schedules used in the State Board's real property assessment regulations violate the Property Taxation Clause of the Indiana Constitution.*fn3 See St. John V, 702 N.E.2d at 1043.” — Town of St. John v. State Board of Tax Commissioners, 729 N.E.2d 242, 729 N.E.2d 242 (Ind.Tax. 05/31/2000)

  42. John Doe

    Well, the Star has posted how rich superintendents are in this state. $194K to run Wayne Township. People dog out private companies where the owners make this kind of money, yet the left turn a blind eye when school corporation higher-ups are just as greedy.

    Time to cap super pay to that of the prosecutor and sheriff. Or, time for this state to start taxing those who make over $125K/year another 10-20% to pay for these sky high wages and benefits.

  43. guest

    IMPD Officers. Expect shifts to be 12 hour days from the new Public Safety Director in order to save $500,000 (money, and not reducing crime)). A new chief will enforce this.

  44. guest

    Senator Daniels, keep up the great work your doing in the state of Indiana.

    Happiest U.S. States Pinned DownBy Jeanna Bryner, Managing Editor

    posted: 17 December 2009 02:00 pm ET
    .Buzz up! del.icio.us Digg It! Newsvine redditComments (60) | Recommend (164).A new study found that a person's self-reported happiness matches up with objective measures of state-level happiness.

    The results are based on an examination of two data sets, one that included personal reports of happiness for 1.3 million Americans and the other that included objective measures, such as how crowded that state is, air quality, home prices and other factors known to impact quality of life.

    Click here to learn more about the survey and what it means.

    Here are the 50 U.S. states (and the District of Columbia) in order of their well-being:

    1. Louisiana
    2. Hawaii
    3. Florida
    4. Tennessee
    5. Arizona
    6. Mississippi
    7. Montana
    8. South Carolina
    9. Alabama
    10. Maine
    11. Alaska
    12. North Carolina
    13. Wyoming
    14. Idaho
    15. South Dakota
    16. Texas
    17. Arkansas
    18. Vermont
    19. Georgia
    20. Oklahoma
    21. Colorado
    22. Delaware
    23. Utah
    24. New Mexico
    25. North Dakota
    26. Minnesota
    27. New Hampshire
    28. Virginia
    29. Wisconsin
    30. Oregon
    31. Iowa
    32. Kansas
    33. Nebraska
    34. West Virginia
    35. Kentucky
    36. Washington
    37. District of Columbia
    38. Missouri
    39. Nevada
    40. Maryland
    41. Pennsylvania
    42. Rhode Island
    43. Massachusetts
    44. Ohio
    45. Illinois
    46. California
    47. Indiana
    48. Michigan
    49. New Jersey
    50. Connecticut
    51. New York

  45. Kelly Bentley

    Pascal and Think Again and maybe even Abdul :-) -

    I would like to invite you to look over the IPS General Fund Budget and help find $35.6 million in savings–that is how much the district will lose over the next two years because of property tax caps and the Governor's cuts. This is not small change. Even if one took away everyone's cell phone and blew up the Ed Center, I'm not sure the savings would be enough to plug the $35 million loss to the General Fund.

    Anyone else who can make rational arguments based in realily (and what is allowable under current law) is also free to chime in with ideas. The rest of you people should just stay in la la land….or better yet, stop writing on blogs, hire a lawyer and go to court.

  46. IndyAries

    Kelly, sorry, the the Indiana Constitution recognizes only ONE fund…the Common School Fund, aka the Public School Fund. See Article 8 Section 2.

    The legislature, with the help of LIEyers and LiaRs came up with the differing funds, and what they can and cannot be used for — of course, these are artificial separations.

    Now, were the bottom-feeders in the General ASSembly authorized to break the Common School Fund into 'other' funds, and then say what they could and could not be used for? In my opinion, the answer is no.

    If the authors of Article 8 wanted separate funds, they would have so written. If the voters who ratified Article 8 wanted separate funds, they could have said so.

    Now, the question becomes, “where did the General ASSembly get the authority to legislatively amend our Constitution without using Article 16 procedures?”

    Well, let's see what our Constitution says about the matter:

    “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.” — Art 1 Sec 25

    This means NO LAW shall be passed unless authorized by the Constitution, and drawing its authority from the Constitution.

    For the Statists out there who ignore our Constitution, and only read statutes, I offer the following:

    IC 1-1-2-1 Hierarchy of law

    Sec. 1. The law governing this state is declared to be:

    First. The Constitution of the United States and of this state.

    Second. All statutes of the general assembly of the state in force, and not inconsistent with such constitutions.

    Third. All statutes of the United States in force, and relating to subjects over which congress has power to legislate for the states, and not inconsistent with the Constitution of the United States.

    Fourth. The common law of England, and statutes of the British Parliament made in aid thereof prior to the fourth year of the reign of James the First (except the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth,) and which are of a general nature, not local to that kingdom, and not inconsistent with the first, second and third specifications of this section.

    Kelly, do they 'really' teach the Constitution in school any more?

  47. Kelly Bentley

    Indy Aries–yes they do still teach the constitution, including the separation of powers doctrine. I'm not a constitutional lawyer but if you feel the constitution is being violated, you might want to call one. There are quite a few around. The ACLU of Indiana makes it their business to sue the government for violating the constitution, so you could start there. Or if you have lots of money, you could look up one of the many lawyers who specialize in constitutional law and I'm sure they would be happy to take your case.

  48. guy77money

    Hey Kelly Franklin Township has cut over 10 million in the last two years. IPS gets more money per student then FT and their student enrollment keeps increasing. IPS will have to close schools and (they keep losing enrollment) and stop spending money for electronic signs. ;) It can be done. By the way that what FT and H.S. have done is hire a lawyer and will be going to court in January.

  49. IndyAries

    Constitutions are written to be understood by the common man. Our Indiana Constitution was written to be understood by the Common Man of 1851.

    I do not need a LIEyer, or a Constitutional LIEyer, to explain to me what I am reading.

    Why do people think that they need an attorney or judge to tell them what the law says? I don't have one in my car with me when I'm driving, explaining the traffic laws to me — yet government expects me to 'know and understand' these laws.

    If I am expected to read and understand traffic laws, then why can't I read and understand the clear language of our Constitution?

    I guess decades of being TOLD that you need a LIEyer or LiaR has brainwashed the populace.

  50. guy77money

    Did I mention that IPS even got a glut full of money in the stimulus package and did not do any cuts they where going to make this year. F.C. will can 3 principals and numerous support people close two schools and let go a number of bus drivers. So where is IPS cutting????

  51. guy77money

    Don't worry once the Democrats win back the Governors office they will raise taxes and bail everyone out.

  52. Kelly Bentley

    Guy77money–Yes IPS got stimulous money and so did quite a few other district in Indiana. And with that Federal money comes LOTS of strings.

    IPS has identified about $8 million in cuts in the General Fund (some too close to the classroom for my liking), but $8 million is a long way from $35 million.

    Indy Aries–I have great respect for our constitution-both the Federal Constitution and Indiana's, and I respect the rule of law. But I'm also not a common “man” so I when I need a lawyer, I'll call one.

  53. Think Again

    Kelly, I'm no school budget rookie. And the Ed Center could be largely blown up–I believe the GF savings there would be about $11 million. You're not in a typical operating mode any more, Kelly. You're in all-hands-on-deck survival mode, and it requires drastic moves.

    Start by ripping away all take-home cars. Including Eugene's. Not one solitary soul needs an IPS car, except the security folks. Period. Buy a couple of hybrid carpool vehicles, and let admins drive those around, or pay mileage, or both. See, you're not just buying those cars–you're insuring them, putting gas into them, and not getting typical businesses' depreciation advantages. You're just throwing money at declining assets. It's stupid. And I'm betting my mortgage that you're getting a 5-10% thief factor on gas/oil/tires. Or more.

    I'll give Eugene this much–it took an African-American superintendent to go into some tough neighborhoods and tell folks their school had to close. The operating inefficiencies were–and are–staggering. Old inefficient energy cows were and are sapping your GF budget. Cut more.

    You need to cut about seven more schools. You need to close at least one high school. IPS cannot afford the luxury of high schools with less than 2500-3000 students. I know you have security and staffing concerns. Tough luck. You're on your last leg, and you'll have to make do.

    You also need to transform your transport system. It's hugely expensive, and I know most of that is not coming from the GF. But the inefficiencies there are mind-numbing. Citizens all over Indy have IPS bus horror stories.

    Investigate multi-district warehousing. Every district in the county has its own warehouse staff. And most have their own bus barns and vehicle maintenance staffs. Think of the efficiency of one county-wide bus miantenance facility. If it were large enough, any lax time could be bidded out. Or, God forbid, merge with the county's existing faiclity over by Riverside Park. We're all taxpayers, Kelly, and the practice of every large taxing entity having every expensive function all to itself, is insane and expensive.

    Think of yourselves as the 1960s bank teller. ATMs are here now. We need less tellers. Find those efficiencies.

    I know it's tough. I know you have to fight to get numbers from a staff that's wholesale-dedicated to the status-quo. I know you're an unwelcome visitor to the Ed Center because you dare to question authority. Frankly, I'd wear that like a badge of honor. So, my main advice to you is twofold:

    1. Stop listening to the board lapdogs who happily drink at Eugene's waterbowl. Question, probe, turn over every rock. When you cna't get figures and answers you want, plop yourself down in the Super's office until you get it. If you get sontewaleld, document it and publicize it.

    2. One word: outsiders. Let folks outside the edAdmin establishment inside the central office, and look around for efficiencies. It would be great if the whole board agreed with you on this, and hired an independent efficiency auditor. Fat chance, I know.

    I gaurantee you the savings are there. The governor's current request is huge, and it will take hard work. But it can be done.

    Frankly, it must be done. Or IPS will soon die. And the human carnage will be immense if it's not dismantled properly.

    Merry Christmas.

  54. Kelly Bentley

    Think Again–I don't know who you are but I do know you are not a school finance rookie–that's why I asked. I enjoy reading your comments and while I don't always agree with you, many times you are spot on.

  55. pascal

    In other words, do the job you were elected to do, that is, you are a respresentative of the community to the school system-not their flack. Those of us who have served on school boards have done so because we support government education, up to a point. That point is where we no longer get a dollar of value for a tax dollar expended. Few Indiana schools pass this test. IPS certainly does not and has not for decades.

  56. Think Again

    By the way, Kelly, Pascal is mostly right. I get no joy out of that…IPS's failure weighs heavily on many hearts.

    But the very definition of stupidity, is repeating past mistakes and expecting a different response. I'm not saying you're stupid, but the administrative leadership of that school system ought to be indicted wholesale for fraud. Zendejas tried, in her own quirky way, to shake the system up, but hell she was a basket case. The board rubber-stamps the Super, with virtualy little or no public debate. It's not healthy.

    Eugene is strong. You will not win a battle with him easily. But when you operate straight-on with him, and put your knowledge and passion right in front of him, he will respect it.

    He will not give in quietly. He will zealously guard information and access. But take this to heart–hs did not raise his hand and take an oath like board members did. He is not a member of that Board.

    Here's a thought that will send him into orbit, and it's been suggested in other school systems where he's been–ask why he sits with the board in meetings. He runs the damned meeting and it's not HIS meeting.

    Staff–including him–should sit off to the side, as resources, to answer questions.

    It's the BOARD'S freaking meeting.

    God I need a Bloody.

  57. Kelly Bentley

    Pascal and Think Again–
    Thanks for the comments.
    Is it Noon yet?

  58. Rico

    How about a bloody nose?

  59. Think Again

    It's noon somewhere Kelly. Always.

    Rico needs to listen to one of those voices in his head. Pick one, stick with it.

    How sad to wake up that sour and remain so all day.

  60. Dave

    The A-C-L-who? Oh, “union,” that's it; fitting reference for an organization that systematically & perversely ignores liberty.

    It would be neat to think we could count on the ACLU / ICLU to address legislative malpractice / abuses; debt limit violations, tactical or deception engineered misinterpretations of common language (words like “is” & “corporation,” or “uniform & equal”).

    Abdul, your “brand” (sorry, that's overused), is intellectual & open. At one time or another, we can all be topically frustrated. But, imagine the frustration of citizens who routinely encounter the glacial indifference of those trusted to represent them; malpractitioners whose mouths trumpet “tolerance” & “concern” while their divisive hands are busy, crafting institutional intolerance & destruction, of those they swear to serve.

    Sammy D, you should gracefully consider Abdul's generous offer to address your congregation. If that's not an opportunity, why bother to post anything here? Disagreements are natural, it's how they're handled that makes any difference.

    Oops, gotta go, my Stream Of Consciousness Day Planner is flashing a “to do” reminder & the time is now.

  61. guy77money

    Hey Kelly this whole mess started with the property tax debacle. I agree 100 percent that the school districts in Indiana were out of control with their spending practices, but hey the money was flowing in and like most consumers they spent it. When the housing bubble popped it was the perfect storm. All of a sudden tax revenues to the state tank and on top of it the state lowers most peoples property taxes. IPS's problem is the student population has gone into decline and they have not moved fast enough to close schools and consolidate. Franklin Township and Hamilton Southeastern continued to build on the premise that their student population would keep expanding. I will give F.T. credit they moved very quickly to propose to close two schools and they even cut (I hated to see this) Diploma Plus which catered to the at risk students in the township. All these kids will be transitioned back into regular classes. What I can't understand this is a true political football where are our legislators looking to find answers or relief for our school districts? Luke Kenley was sure happy enough to help out the CIB and the Colts. As for the referendums they don't work worth a darn. My sister is a I.T. administrator in Ohio and you should hear the horror stories about the school districts that can't get a referendum passed. It is not pretty. I know the Star is going to run a story on the money and benefits that the superintendents make this Sunday. I look at it like this,in the big school districts most of them manage over 500 employees and thousands of students. They get no stock options and huge bonuses when times are good. They are on call 24 hours a day. FT's superintendent only make 120 grand which I would say is about right for the job. Sports wise the district was spending $394,000.00 a years on coaches, trainers and one athletic secretary. The head high school basketball and football coaches each received $9,200.00 a year. Trust me these coaches don't do it for the money. They cut 128,000.00 out of salaries (mostly assistant coaches) and will have to hope parents step up to help out the teams. If the economy doesn't come back and they don't pass a referendum, sports, band the arts will all be pay to play. I suspect they will keep football and basketball but everything else will be axed. Worse case scenerio could see the township schools looking into merging but I doubt anyone will want to merge with IPS. If that happens watch the people with the bucks start to move out of Marion county. IPS is going to have to bite the bullet and move to close more schools in 2010.

  62. melyssa

    Good to hear the Star is doing a story (FINALLY) on administrators' salaries, which the blogs reported on for years.

  63. John Doe

    “Good to hear the Star is doing a story (FINALLY) on administrators' salaries, which the blogs reported on for years.”

    The superintendent of my district makes $115K/year, gets various benefits (medical/dental/eye/life insurance) for $1/year. The next time some kid come knocking on my door with a school fund raiser, they are getting a copy of my property tax bill, with the school portion highlighted. They are then going to get copies, complete with picture and contract information, of their superintendent and told to that I already contributed to that person, and the kid and their parent(s) need to go and see him for my cut.

  64. melyssa

    Wow John Doe….THAT is absolutely brilliant!

  65. IndyAries

    Glad that no one is losing their home because they couldn't afford the 50-plus percent of their bill that goes to support their schools.

  66. Think Again

    John Doe, I feel your frustration, but for God's sake don't take it out on the kid. His mission is to sell you some cookies or gift wrap or popcorn.

    To paraphrase a popular bumper sticker, wouldn't it be nice if the Pentagon had to have a bakesale for their stupid redundancies, but teachers got all they needed for classroom supplies?

  67. Taxpayer 834512

    John Doe for Mayor.
    .
    Parents of the children going door to door: We'll save some torches and pitchforks for you.

  68. John Doe

    “John Doe, I feel your frustration, but for God's sake don't take it out on the kid. His mission is to sell you some cookies or gift wrap or popcorn.”

    It is time for even more drastic measures. The greedy powers that be don't get it. They continue to push for additional theft of my money. When the old way gets destroyed, they resort to lawsuits and trying to use the courts to get their way. This isn't just the public school industrial complex. It is also the mass transit industrial complex, the pro-sports industrial complex, the public-private partnerships industrial complex. While everyone always complains about private business been greedy, they have turned their backs on government, and quasi-government, entities who have become just as greedy as private business has.

    Passing a photo of my Super, with my receipt of what I have paid him, to a kid sounds like a good way to start getting the message out: Those who are raking in six-figures a year need to step-up and pay their fair share. Let us folks who are lucky to hit $50K (only if over-time becomes available) alone. Stop asking for my nickels and ask for the dimes of my district's superintendent, at $115K/year, plus gravy train benefits, he obviously has them to give.

  69. pascal

    Less concern should be shown about the amounts of money supers are raking in IF they have a performing school district. If Eugene were 10% of what his dog thinks he is, he'd be worth what he is raking in. That being said, the number of supers willing and able to work under PL 217 AND obtain quality results is a very small number. I've interviewed great numbers of these people, read their resumes, checked their college transcripts, noticed they were all straight A students in grad schools, etc. Suffer no illusions about these folks, academics is not what they are about and not what they can deliver.
    Our 150 person school board now dispenses half the State's budget to the mess they created over and above what existed in 1851. To fix it will be like unscrambling eggs.

  70. Taxpayer 834512

    Well stated, Melyssa. With the former journalistic ethic of illuminating both sides to get “the truth” largely abandoned, Abdul's given us tantalizing example after example of the airing of both sides of many issues. But, BUT, he is still an “arms dealer”. He does seemingly have an ethic for at least “airing” both sides once he brings it to the table, but I think more and more (Wishard & national health care for instance), he choses not to pursue “…The People getting a fair shake at good law abiding government.”
    .
    Some of it may be self-preservation, vanity, or stubbornness? Who among us lacks those qualities? Advance Indiana chases some stuff Abdul won't touch (the conflicts of interest of CIB members or Barrack Obama in general)- yet I've never had a posting turned away on this blog & can't say the same for Advance Indiana.
    .
    In today's world, I'm trying to see a half-full glass in which non-mainstream media chases at least some of the bad guys mainstream media will not.

  71. Taxpayer 834512

    What is an “administrator”? All I see covered in the Star (Sunday 12/20), is related to Superintendents of school districts. Basically, ground that was already covered in 2007.
    .
    I need some help here. Superintendents are “administrators” to the best of my knowledge. But, I believe there are department heads, supervisors, people in transportation, testing, finance, etc., that are also classified as “administrators”. I have been asking for years in this blog and in emailed letters to the Star for a comparative study of school district costs: head counts of pupils, administrators, and teachers- to give us a head count per pupil. Also, at least an aggregate salary per number of dept members for identical job classifications. Despite annoying accusations of not being “…in support of the A)children B)teachers or C)the poor”, some of us remain supportive but also recognize we have limited resources.
    .
    If we can figure out how much money is going where compared to whom, we start making more educated decisions on what to do next. Without the information to make the decisions, we're flying as blind as our recent episodes in banking/Wall Street “self-regulation”, the notion that “everyone can own a home”, and our leacherous health care “reform” devoid of a demand for pricing up-front from the players.
    .
    Remember when Mom or Dad were the bad guys at the store and wouldn't buy the toy you pointed to at check-out? Well, we're all in line now, and it's time to figure-out if we can get that extra toy- or more likely put some things back we already have in the cart.

  72. Think Again

    Pascal is mostly right. I've read the resumes, too….the key is, they got their EdAdmin licenses at schools where they were taught by fired former superintendents and other hangers-on, ala Mary Busch…not a drop of new blood in that system for five decades.

    We win this battle, Pascal, when we pay them what they're worth…is Eugene were doing his job, he'd be worth half a mil, because that particular job is, well, impossible. You and I both know the local school boards, whose only real power is the super and his contract, don't get it. They love being friends with the guy….we all know parents who don't do a good job because they want to be “friends” with their kids instead of parents.

  73. pascal

    Government schools in Indiana are insane. It is no more possible to fix them and get them to work than it would be for Soviet collective farms to be able to feed their Soviet people. In a socialist mode are our schools and you can't pay the inmates what they are worth because they would starve. Dey's “professionals”.

  74. pascal

    Oh, and how a purported intellectual can discuss property taxes and caps and try to keep Article XIII out of the discussion is a neat trick but an unserious one. We do not obsess about this piece of history, after all clear words in 1851 are just as clear in 2009. One could make the case that “education” eating 50% of the State's spending is the “canals” of 2009 and that we would have more and better instruction following the rule of law expressed in the compromise language of Article XIII. It is not like “Caps” of the theft of property is some new idea we imported from Illinois, or sprung full bodied from the brow of Otis R. Bowen. Buy softer sand, it is easier to hide your head in it.

  75. pascal

    Oh, and how a purported intellectual can discuss property taxes and caps and try to keep Article XIII out of the discussion is a neat trick but an unserious one. We do not obsess about this piece of history, after all clear words in 1851 are just as clear in 2009. One could make the case that “education” eating 50% of the State's spending is the “canals” of 2009 and that we would have more and better instruction following the rule of law expressed in the compromise language of Article XIII. It is not like “Caps” of the theft of property is some new idea we imported from Illinois, or sprung full bodied from the brow of Otis R. Bowen. Buy softer sand, it is easier to hide your head in it.

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