Newton Independent

Former Jasper County Transit officials face sentencing

By PETER HUSSMANN

Two people involved with the misappropriation of nearly $154,000 from the former Jasper County Transit agency for the elderly and disabled more than four years ago are scheduled to be sentenced on Monday.

Former Transit director Mark Ackerman will be sentenced on an amended charge of fraudulent practices in the first degree, a class C felony, while former transit board member Ray Sprague faces sentencing on a charge of fraudulent practices in the third degree, an aggravated misdemeanor.

Both men had previously been charged with felony first degree theft and on-going criminal conduct for their roles in the misappropriation of funds from the county transit agency discovered following a state audit after the agency's closure in April 2006. Late last month, just days before their trials were scheduled, both men plead guilty to the reduced charges.

A third individual charged in the case, Susan Reese, had similar charges dismissed at a court hearing late last month.

Previous Newton Independent stories on the matter can be found here and here.  

Census workers to begin going door-to-door on Saturday

Newton Independent

About 635,000 Census takers across the country will begin going door-to-door on Saturday to follow up with households that either didn't mail back their 2010 form or didn't receive one.

An estimated 48 million addresses will be visited through July 10.

"America's had a very successful first half of the 2010 Census, where more than 72 percent of the nation's households mailed back their census forms," said Robert M. Groves, U.S. Census Bureau director. "But achieving a complete and accurate census requires us to now go door-to-door to count all the remaining households we've not heard back from."

Groves said there are several ways for residents to verify that an individual knocking on your door is a legitimate census taker:

• The census taker must present an ID badge that contains a Department of Commerce watermark and expiration date. The census taker may also be carrying a black canvass bag with a Census Bureau logo.
• The census taker will provide you with supervisor contact information and/or the local census office phone number for verification, if asked.
• The census taker will only ask you the questions that appear on the 2010 Census form.

Census takers will not ask for Social Security numbers, bank account numbers or credit card numbers and will not solicit for donations or contact you be e-mail.

In most cases, census takers will make up to six attempts at each housing unit address to count possible residents. This includes leaving notifications of the attempted visit at the house or apartment door and trying to reach the household by phone to conduct the interview or schedule an in-person interview.

"If a census taker knocks on your door, please help by providing the basic information required for the census," Groves said. "Your answers are strictly confidential. There are just 10 questions on the form and it should only take about 10 minutes to complete."

Census takers will attempt to ensure that no is missed in the count. After exhausting their efforts to do an in-person interview with a resident of an occupied housing unit, they will seek out other sources, such as neighbors and building managers, to obtain as much basic information about the occupants as possible.

Some households will receive a visit even though they may have mailed back their form. If the form arrived too late to be processed before nonresponse follow-up packets were sent to one of the 494 local census offices, the household occupants must still be interviewed when the census taker arrives.

Households that did not receive a form by mail, including those that pick up mail from post office boxes, will be visited by census workers as part of the follow-up plan. The Census Bureau doesn't mail forms to post office boxes because responses must be associated with specific residence location, not the post office box location.

All part-time, temporary census workers are hired from the communities they are working to obtain the remaining census responses. All census workers undergo an FBI background check that includes both name and fingerprint checks. All have taken an oath for life to protect the information they collect with an understanding of strict penalties, including jail time, for violations.

Trinity reports lower first quarter revenues

Newton Independent

Trinity Industries, the parent company of Trinity Structural Towers in Newton, reported revenues of $454 million in the first quarter of 2010 compared to $793.5 million for the same period in 2009.

The earnings report, issued Wednesday, includes results from all of Trinity's operations, including its railcar, inland barge, energy equipment and construction products.

The Energy Equipment Group, which includes the Newton operation at the former Maytag factory, recorded revenues of $90.1 million in the first quarter of 2010, compared to $128.5 million in the same quarter in 2009.

The Energy Group produced operating profit of $10.4 million in the first quarter this year, compared to $18.3 million in the same quarter of 2009.

The order backlog for structural wind towers as of March 31, 2010 totaled approximately $1.1 billion, the same level recorded as of Dec. 31, 2009.

Relay for Life fund-raising teams still sought

Newton Independent

Fund-raising teams are still being sought for the annual Jasper County Relay for Life, a fund-raiser to benefit the American Cancer Society.

Teams representing families, groups of friends, civic organizations, churches and businesses still have time to organize and participate in the event set for Friday, June 4, at H.A. Lynn Stadium.

Last year, more than $63,000 was raised by the 33 teams from Newton and surrounding communities. The funds raised aid cancer patients and fund cancer research projects.

For more information on how to organize a team, contact Dan Kelley, team coordinator, at 641-521-9260 or by e-mail at dankelley@mchsi.com

Online donations may be designated toward individual participant and team totals at www.relayforlife.org/jaspercountyia

Save Emerson Hough fund-raiser set May 21

Newton Independent

A Save Emerson Hough fund-raiser, featuring the 8 Track Band, will be held from 6 to 10 p.m. Friday, May 21, at the Newton elementary school.

Proceeds from the dinner, silent auction, bake sale and dance will be used to help pay the legal costs associated with the group's appeal of the Newton School Board's decision to close the building at the end of the current school year.

The poster announcing the event notes that if the school board should rescind its decision to close Emerson Hough prior to the event, funds raised will go toward replacing playground equipment at the school.

Those wishing to provide items for the event or volunteer to assist may do so by contacting organizers at ehappeal@clarkcentral.net

A copy of the poster can be viewed below.

Download Save Emerson Hough fund-raiser poster

Keeping in Touch: Using common sense

By SEN. DENNIS BLACK
Democrat, Lynnville

The 2010 legislative session ended a month ago, and the period since has been as hectic as any I've experienced. The governor waited until the final day to sign five appropriations bill, and from what I understand, very little was "line item" vetoed. All legislation passed during a session has to be either signed or vetoed within 30 days of the close of the session. Therefore, I will spend a day at the capitol with the appropriate staff, and find out exactly what transpired by the governor's action.

There were fewer bills passed during the 79-day session than ever before. There's a good message there! Perhaps shorter sessions to address budget bills and appropriations to services provided by cities, counties and school districts, along with less emphasis on policy creation, would make for a more productive session. However, there has to be extensive attention directed to interim studies on an overhaul of tax policy in Iowa, the school aid formula, flood plain management and perhaps other high-dollar aspects of the state's revenue and spending.

On Thursday, I decided to drive over to Cedar Rapids. I wanted to see, first hand, what real accomplishments had been made with the billions of state and federal dollars that have been spent to restore the city. I was pleasantly surprised to see business returning to the lower southeast business community. Yet I was rather taken back by the fact that "restoration" appears to be viewed by many as progress and therefore success. I even stopped a couple of folks on the street, gave them my card, and asked their opinion on what is occurring. One, a policeman, was very outspoken with sincere concern about the fact that nothing appears to be done to make sure "we never have another flood like this again." No one can make that promise, because reality is it will happen again.

Ron Corbett, former Speaker of the Iowa House and a native of Newton, is the Mayor of Cedar Rapids. Being on a fact-finding and personal observation mission, I went to his office. Unfortunately he was out, but I managed to talk with several folks in city government that agree with my assessment that chances increase with each passing year that cities like Cedar Rapids will experience devastating floods. Why? Not because of any climate change, but rather because of land-use change. That is the absolute key factor in why Cedar Rapids, Iowa City, Des Moines and many other cities have soaked up billions in state and federal tax dollars to repair and replace damaged infrastructure and assist with rebuilding business and homes in the same location and manner as previous to the flood.

Land-use planning and changes in how the land is used to coincide with the adopted plan is essential to avert another financial "black hole" for taxpayers across the state. At least a major portion of the land in the watershed above the city has to be converted back to some standard of how it was. Continuing to allow building of streets, parking lots, and remove the native vegetation for lawns, golf courses and other "beautification" in a watershed, will only ensure that the "sponge" that heretofore stored the water from snow melt and cloudbursts can once again serve that purpose. There is no other answer! Levies, dikes and similar structures eventually fail; allowing water to stay on the land where it falls will save untold billions.

In conclusion, on the drive home I reflected on my day in Cedar Rapids, and fear that if there is only little change in where and how building occurs in the 100-year flood zone of the watershed, then chances are great a flood disaster will occur again. Yet, it is difficult for a city wishing to enhance its tax base to say "no" to building permits in flood prone areas. As I've stated before, I don't want the state or federal government to again have to bail out those unfortunate home and business owners that have not learned their lesson. Rather harshly put, I just don't think it's the state or feds' role to continue to bail out stupidity.

Commencing next week, I will provide a brief synopsis of bills that passed the legislature and became law with the governor's signature.

You can always call me at 515-975-8608 or e-mail me at dblack@black4senate.com

Skiff adopts new medical staff policies dealing with doctors convicted on felony health care charges

By PETER HUSSMANN

A local doctor's conviction on 31 counts of federal health care fraud has led to revisions being made to Skiff Medical Center's by-laws on medical staff membership.

In January, Dr. Angel Martin of Newton was found guilty by a jury on all charges brought against him by federal prosecutors following his indictment last year by a grand jury.

The changes approved by Skiff's Board of Directors on Wednesday call for an "automatic relinquishment of a Practitioner's Medical Staff membership and all clinical privileges" in the event a doctor with hospital privileges "is convicted of any felony related to the provision of health care; any crime related to health care fraud and abuse; any crime related to the Practitioner's treatment, discharge, billing, collection, or utilization practices; or any crime that could form the basis for exclusion from participation in governmental health care programs."

Individuals whose medical staff memberships have been automatically relinquished are not entitled to procedural rights as set out in the by-laws.

Earlier this year, Dr. Martin voluntarily relinquished his medical privileges with the hospital. Since he voluntarily pulled his medical staff membership, the provisions adopted by the Skiff board on Wednesday do not directly apply to him.

Dr. Martin was convicted of health care fraud for "upcoding" surgical consultations.

Lawyers for the Newton doctor have filed motions with the court asking that he be acquitted of the charges and that grounds exist for a new trial because "there was insufficient evidence for a rational jury to find beyond reasonable doubt that all of the elements of the charged offenses were established."

The court has granted an extension to the prosecutors to file a response to the defense motions.

Reporter's Notebook: Oops. Financial report gives some bum advice

By PETER HUSSMANN

If the Newton School District is counting on getting its hands on property taxes that will begin emanating from the Iowa Speedway after its tax abatement period ends in fiscal 2012, they likely will be disappointed.

On Monday, Newton School Board members were presented a report from Moody's Investors Service affirming its A3 bond rating on $10.6 million in general obligation bond debt. In making the rating, Moody's noted the district's "moderately sized tax base" and "some economic recovery following the closure of Maytag headquarters."

The report goes on to note that the recent opening of two wind energy component manufacturers in the district have helped the district's valuation and that revenue will soon begin flowing to the district from the speedway.

"Further expected valuation growth in the near-term will come from the Iowa Speedway, which opened in 2006 and has a guaranteed minimum taxable value of $40 million," the report stated. "The district will begin to see tax revenues from the Speedway in fiscal 2012 once its current abatement ends."

One problem, though. That's likely not true.

The reason is that the Iowa Speedway sits in a City of Newton Tax Increment Financing District. No money from property taxes will flow to the school district - or any other governmental entity - until the city pays off its $13 million in debt associated with the development of the racetrack project.

Sure, the city could release any portion of property taxes collected from the track that it doesn't need to make repayment, but that's not going to happen any time soon. While the city is doing just that in the North Central Urban Renewal Area, you have to remember it took nearly 20 years for the city to get to that point.

Hopefully, the school district isn't counting on that money as it projects its budgets going forward. I suspect they'll be sorely disappointed if they are.

Local couple funds life-saving defibrillator

 

Newton Independent

Doyle and Louise Churchill, long-time residents of Newton, have provided a donation to the Skiff Medical Center Foundation that will be used to fund the purchase of a defibrillator for Skiff Medical Center.

The device is used to treat urgent, life-threatening heart conditions, such as cardiac arrhythmia and ventricular fibrillation.

"The Lord and the community have been good to us over the years," said Mr. Churchill, pictured above right. "This is a token in return."

"We are so appreciative of the kind and giving nature of the Churchills and others like them," said Bruce Hoffmeier, pictured above left, foundation president. "All of the donations we receive go directly toward equipment, supplies, scholarships and other items that help Skiff carry out its mission and vision.

For more information on the Foundation, call 641-791-4887 or e-mail bhoffmeier@skiffmed.com

Jasper County public health officials urging second dose of H1N1 vaccine

Newton Independent

Local public health officials are urging parents with children age 6 months to 9 years old to get two doses of the 2009 H1N1 flu vaccine.

Skiff Medical Center, along with the Jasper County Public Health Department, say that while H1N1 flu activity has slowed significantly, the virus continues to circulate in parts of U.S.

"The first dose of the vaccine basically 'primes' the child's immune system," said Public Health Director Jennifer Jordan. "The second dose is the one that provides full protection."

The H1N1 influenza vaccine is available now from the Jasper County Public Health Department free of charge.

The H1N1 strain will be included in the seasonal flu vaccine next fall, Jordan said. If a person gets the H1N1 vaccine now and the seasonal vaccine next fall, they will have the enhanced immunity and less chance of becoming ill with H1N1 in the coming flu season.

The public health officials are also reminding parents to check their child's overall vaccination status, as well as their own, to ensure they are up to date. Recommended immunization schedules can be found at www.idph.state.ia.us/adper/immunization.asp

For more information, call the Jasper County Public Health Department at 641-792-5086.

GE wind blade tour stops in Newton

Newton Independent

Trinity Structural Towers, located in a portion of the former Maytag Plant 2 production facility, was the stop today on the second leg of GE's Wind Blade Tour.

The tour started Tuesday in Aberdeen, S.D., as a means to showcase to the public the importance of wind energy to the nation. Company officials are towing a 131-foot long wind blade on a 28-day tour where residents are able to sign their names as a sort of petition on the importance of alternative energy.

MarketWatch has a press release on the tour here.

Skiff turns a profit in March

Newton Independent

Skiff Medical Center turned a profit in March, the first since implementing a reduction in force initiative last year and a new organizational structure in February.

The city-owned hospital reported revenues over expenses from operations of $173,670 last month, compared to losses in the previous two months totaling more than $850,000.

In March 2009, Skiff reported a loss of $91,435.

While Skiff was able to stem the flow of red ink in March, it's fiscal year-to-date financials show a loss of more than $3.6 million. Through the same period in 2009, losses stood at $1.7 million.

The hospital reported increases in both surgeries and emergency room visits compared to the same period the year before.

The Skiff hospital board was meeting late this morning.

Analysis: Newton schools see big jump in students eligible for free meals

By PETER HUSSMANN

The number of Newton School District students eligible for free or reduced-price meals has grown dramatically in the last five years, state data shows, with nearly half of the district's school children meeting federal income guidelines for participation in the program.

A comparison of data provided by the Iowa Department of Education shows free or reduced-price meal eligibility increases as high as 80 percent at individual school buildings compared to rates five years ago. The average building increase over the period stands at 52.7 percent.

In the current year, state data shows, 1,364 Newton School District students were eligible for program administered by the U.S. Department of Agriculture out of a total enrollment of 3,202. The overall building average for the district stood at 47.3 percent.

The largest increase at an individual building in the current year compared to the 2005-2006 school year was at Woodrow Wilson which saw an 80.2 percent increase in the number eligible students. That rate was followed by a 78.8 percent jump for students at the Basics and Beyond Alternative High School and a 61.1 percent gain at Newton Senior High. Aurora Heights saw the lowest increase at just 22.3 percent.

Emerson Hough has the largest percentage of students eligible to receive assistance through the program at 64.5 percent, up from 48.2 percent five years ago, a 33.8 percent increase.

On Monday, Newton School Board members were told that the district is considering the adoption of policies to reduce the amount of outstanding balances in its student meal accounts. Currently, the district has unpaid food bills in excess of $35,000, counting only those accounts with balances due in excess of $40.

School officials said they make every attempt to ensure that families eligible for the program get registered to participate.

Following is a building-by-building comparison of state data for the percentage of students eligible for free or reduced-price meals in the current year compared to five years ago and the percentage increase over the period:

Newton High School
2010 - 33.2 percent
2005 - 20.6 percent
% Gain - 61.1 percent

Basics & Beyond
2010 - 61 percent
2005 - 34.1 percent
% Gain - 78.8 percent

Berg Middle School
2010 - 42.1 percent
2005 - 27.7 percent
% Gain - 51.9 percent

Aurora Heights
2010 - 48.2 percent
2005 - 39.4 percent
% Gain - 22.3 percent

Berg Elementary
2010 - 41.4 percent
2005 - 26.3 percent
% Gain - 57.4 percent

Emerson Hough
2010 - 64.5 percent
2005 - 48.2 percent
% Gain - 33.8 percent

Thomas Jefferson
2010 - 50.6 percent
2005 - 37.1 percent
% Gain - 36.3 percent

Woodrow Wilson
2010 - 37.5 percent
2005 - 20.8 percent
% Gain - 80.2 percent

An income eligibility guidelines document can be found below.

Download Eligibility Document

Moody's affirms Newton school district's A3 bond rating on $10.6 million of debt

By PETER HUSSMANN

Moody's Investors Services has affirmed the Newton School District's A3 rating on its $10.6 million in outstanding general obligation bonds noting the community's recent economic growth, the stable financial operations of the district and no expected future borrowing plans.

The report, dated March 31, was presented to Newton School Board members at Monday's meeting.

Moody's rating update said it expects the district's moderate $1.2 billion tax base to show "moderate growth" in future years based on a number of economic development projects under way in the community following closure of Maytag headquarters and production facilities.

"Prior to closure, Maytag's facilities comprised 6.4 percent of the district's taxable valuation and employed approximately 2,000 people," the report states. "After seeing fairly stagnant growth in its actual tax valuation over the past five years, with a 1.8 percent average annual increase, the district saw a strong 10.7 percent growth in valuation from 2008 to 2009."

Moody's said the valuation increase was driven by new industrial development, including the $55 million facility used by TPI Composites, a maker of wind turbines, and the renovation of a portion of the former Maytag Plant 2 for use by Trinity Structural Towers to make wind towers.

Moody's is noncommittal on the impact of Windstream's recent purchase of Iowa Telecom saying "it remains unclear how the acquisition will affect the Newton facility."

The bond rating firm also says the district can expect to see additional value in coming fiscal years when the Iowa Speedway begins to pay property taxes.

"Further expected valuation growth in the near-term will come from the Iowa Speedway, which opened in 2006 and has a guaranteed minimum taxable value of $40 million," the report states. "The district will begin to see tax revenues from the Speedway in fiscal 2012 once its current abatement ends."

The financial report also touches on the district's declining enrollment patterns.

"The district's resident enrollment of 3,202 in October 2009 has seen modest average annual decline of 1.1 percent over the last five years, due in part to the closure of the Maytag facility, although we note that enrollment had already been on a declining trend before the closure," the report states. "District officials expect enrollment to continue to decline, albeit at a slower pace than previously."

In regard to the Newton School District's financial condition, Moody's believes the "district will maintain satisfactory financial operations despite absorbing a large state aid cut in the current fiscal year due to the district's ability and willingness to enact expenditure reductions in order to maintain structural balance going forward."

The school district used its cash reserves to make up for the $1.5 million reduction in state aid, the report notes, leaving it with an expected General Fund balance of $1.7 million to $1.9 million at the end of the current fiscal year.

The report also notes recent actions taken by the district in anticipation of further reductions in state aid in the coming fiscal year.

"In expectation of further reductions to state aid for fiscal 2011, the district has identified $1.8 million in expenditure reductions due primarily to closing one elementary school and reduction in the associated positions and other costs," the report states. "The district may also increase its cash reserve levy for fiscal 2011. In the medium-term, the district would like to restore its cash reserves back to $2.8 million to $3 million, or 10 percent of General Fund reserves, to provide budgetary flexibility."

Moody's says the district's $10.6 million in outstanding General Obligation bonds "will remain manageable given that the district has no additional borrowing plans in the near term" and "uses its Property, Plant and Equipment Levy (PPEL) to address ongoing capital and maintenance needs on a pay-as-you-go basis."

In addition to its General Obligation bond debt, the district has $3.8 million in outstanding local option sales tax revenue bonds, backed by the district's share of the 1 percent statewide sales tax. The district anticipate to collect $1.5 million from the sales tax in the current fiscal year.

The City of Newton has a Moody's bond rating of A2 while Jasper County has a rating of A1.

School district to look at policy on delinquent meal accounts

Newton Independent

Ever-rising school meal account delinquencies are forcing Newton School District officials to look at developing policies on how to handle past due accounts.

Gayle Isaac, director of business services for the district, told Newton School Board members that $35,589 is currently owed on school meal accounts across the district. And that total only includes those accounts with a greater than $40 overdue balance, he said.

"We need to begin to take steps," he told board members. "This is not unique to Newton. There are various methods being tried. Financially, we have to start looking at it."

Isaac, who also noted the district has more than $5,000 in unpaid fees, said the individual schools make three contacts with those with outstanding balances before the situation is turned over to administration officials. Three more contacts are made, though little can be done if the situation isn't rectified.

Superintendent Steve McDermott said school officials try to work with families in applying for free or reduced priced meals, though often times parents don't sign up to take advantage of the U.S. Department of Agriculture programs even though they are eligible.

McDermott said the school board will see a recommendation on a future agenda that will outline a course of action the district might take. He said any policy would contain some threshold levels and step processes before any action is taken.

"As much as I hate to in these tough economic times, we've got to look at it," he said. "We're not going to punish the kids in those households. We don't want the kids to suffer."

School board formally accepts petitions

Newton Independent

The Newton School Board on Monday "formally acknowledged the receipt" of petitions previously provided to the board calling for a reconsideration of its decision to close Emerson Hough Elementary School next year.

While the board voted unanimously to accept the petitions, what will become of them and their call for reconsideration is not known.

Several weeks ago, organizers of the petition drive presented the board petitions signed by 831 residents opposed to the decision and urging school board members to recast their vote.

School district officials took the time to identify the location, by school district, of each of the signatories. The percentages as calculated by the school district are as follows:

Aurora Heights - 14.08 percent
Berg School - 24.79 percent
Emerson Hough - 38.51 percent
Thomas Jefferson - 8.66 percent
Woodrow Wilson - 13.96 percent

"We've got 831 signatures asking us to reconsider," board member Darrin Hamilton said. "We may want to look at it. I don't know the last time we've had 831 people ask us to do something."

No action was taken.

School board discusses preschool program

By PETER HUSSMANN

The sound of children's voices could continue to resonate through the halls of Emerson Hough this coming fall as the Newton school district looks to implement a new voluntary preschool program.

District administrator Jim Gilbert suggested the use of a portion of Emerson Hough as one possibility as he led school board members through a work session prior to Monday's regular meeting on the district's plans to apply for state funding to start an education program for district 4-year-olds.

The district has been studying plans to implement a voluntary preschool program for more than a year. Funding was to have come through the successful receipt of a competitive state grant though Gilbert let school board members know last night that the funding and application processes have now been changed. Instead of a competitive grant process, the state is now urging all districts to consider implementation of preschool programs through a non-competitive application process.

Gilbert told school board members that the Iowa Department of Education is now indicating that it will guarantee to fund 28 percent of the projected preschool enrollment rather than the 70 percent projected last year. That means instead of the district planning for eight sections with 189 students, the district will downsize its target to four sections with 76 students.

The application will likely be written to target the district's neediest children, those that don't typically get exposed to preschool activities prior to arriving at kindergarten, Gilbert said.

In his remarks to the school board, Gilbert said the expected allocation from the state is approximately $268,000. He is estimating teacher and equipment costs at approximately $218,000 leaving a surplus of approximately $50,000 to be carried over into the following year to start an additional section of preschool. The use of rollover funds to expand sections would continue in subsequent years.

The question for the board to address before the May 14 application deadline is where they might house the program. Under the old plan, the district had planned to house students at both school buildings and private preschool providers. With the reduced funding, plans now call for the district to start the program by using school facilities then use private preschool providers in subsequent years as the program grows.

One idea for the board's consideration, expected to be made at its May 10 meeting, is to house all four sections of preschool at Emerson Hough. Since the school already has early education classrooms and playground facilities, this option would be the least costly from a retrofit aspect.

In addition, the Head Start program could also remain at Emerson Hough as well as possibly moving the two sections of early childhood special education preschool to the school.

Other possibilities include the use of Berg, though that most likely would require the use of a portion of the middle school facility, or Thomas Jefferson.

No decisions were made at Monday's meeting.

Calls made for Newton School Board members, superintendent to resign

By PETER HUSSMANN

Calls for the resignation of Newton School Board members and the superintendent rang out in the Woodrow Wilson school gymnasium on Monday as district residents again voiced their opposition to the board's decision to close Emerson Hough Elementary.

Though the numbers speaking out at the open forum section of the meeting were down, the tone was ratcheted up as opponents to the school's closure for the first time moved beyond their demand that board members revisit the decision to asking that elected board members and the superintendent step down.

"You have been flooded with reasons why this is not the best decision," said Pamela Stone. "But none of the reasons seem to have made an impression on you. You need to show to the community that you have the best interests of the students at heart by rescinding your decision. And if you don't, you prove that you don't have the best interest of the students at heart. If you won't, I ask that you resign from the board."

Stone's husband, Andrew, also asked those board members who voted to close Emerson Hough to tender their resignations. He also questioned Superintendent Steve McDermott's leadership throughout the process that slashed budgets, closed a school and realigned the elementary school structure into upper and lower elementary buildings.

"I'm not so sure the community can trust you," he said. "I think you should also consider tendering your resignation."

And like past meetings, district residents directed questions to board members concerning the school closure and realignment that went unanswered.

"Is there going to be enough space?" asked Nat Clark, who later received nary a vote in his quest to be appointed to the open seat on the school board, about the realignment of the buildings. "Are we going to have to move kids into the junior high to accommodate them? Are we going to be able to accommodate the needs of special needs kids?"

That beat was taken up later by Deloris Durant, who said she has "not found one rational idea to close" Emerson Hough

"What is the cost of re-purposing these schools and where is that money coming from?" she asked. "I'd like some answers. We deserve that. We're the people that elected you to do your job."

Becky Woody, who has spoken out in the past against the decision and written letters in opposition, noted that she has been marked as "crazy," a "liar" and an "idiot" for her efforts, labels to which she concurred.

"Yes, I'm crazy about Emerson Hough, I'm a liar because I told people Woodrow Wilson would be the school to close and I'm an idiot for putting my faith and trust in the people I voted for," she said.

Hintz appointed to fill unexpired Newton School Board seat

Newton Independent

Melissa Hintz was appointed to fill the unexpired term on the Newton School Board at tonight's meeting.

Hintz was appointed to the seat on the first ballot taken by the school board by a 4-2 vote, outdistancing Tom Hollander by the two-vote margin.

School board members voting in favor of Hintz were Don Poynter, Dennis Combs, Andy Elbert and Donna Cook. Board members Darrin Hamilton and Joe Klingensmith voted in favor of Hollander.

Nat Clark, who also submitted his name for potential appointment, did not receive a vote.

Hintz, who was immediately sworn into office, fills the unexpired seat of Sheri Benson who resigned in late March until the school board's next scheduled election in September 2011. At that time, the seat will again come open for the remaining two years on the term.

Members of the public do not have the opportunity to petition the school board's appointment. Had the board not made an appointment by April 30, a special election would have been required to have been held.

Former Mingo clerk sues city, Jasper County for malicious prosecution

By PETER HUSSMANN

Mingo's former city clerk claims she was the target of a malicious prosecution by area law enforcement following a state audit that lead to three felony counts filed against her, charges the state attorney general's office would later move to dismiss due to insufficient evidence.

Amy M. Berkey filed suit in Jasper County District Court last week seeking monetary and punitive damages from a host of defendants, including the City of Mingo, Jasper County, former deputies Dennis Stevenson and Brady Lewis, Harley Steenhoek and then City of Mingo Attorney Richard Phelps.

In the petition, filed by Des Moines lawyer Bruce Stoltze, Berkey claims that during her tenure as city clerk from October 2002 to June 2006, she was charged with oversight of utility billing, city financial records, payroll and minute keeping for the city council. During that time, she claims to have found numerous instances of "problems with the financial system," situations she unsuccessfully attempted to resolve with the city council and then Jasper County Attorney Steve Johnson.

The suit contends that in the fall of 2005, Steenhoek, a member of the Mingo Volunteer Fire Department, had contact with Johnson over concerns of missing funds, a situation he blamed on actions attributable to Berkey. The city for a period of time was unwilling to pay the cost of an audit, a move supported by Berkey, with Phelps tending his resignation as city attorney in protest. In December, the council agreed to authorize an audit by the state auditor.

Due to family obligations, Berkey, a Colfax resident at the time, tendered her resignation in April 2006 but agreed to remain in her capacity with the city until the end of June. In July 2006, a state audit of the City of Mingo's financial records pertaining to the time frame Berkey worked for the city commenced. Berkey told state auditors she would be available to assist but due to a computer crash, several utility records were unavailable for the period in question. She was not asked to assist in the audit.

The petition goes on to state that in August 2006, in an application for a search warrant, Steenhoek had brought to the attention of former county attorney Johnson that he had questions and concerns relating to financial matters involving the volunteer fire department. Specifically, the petition states, Steenhoek "made accusations" that Berkey "was stealing money" from the city. An application for a search warrant was signed by Phelps and Steenhoek as "concerned citizen" that was subsequently carried out at Berkey's home, the petition states.

In April 2008, the Iowa State Auditor issued a press release that identified undeposited collections, improper disbursements and unsupported disbursements that implicated Berkey. The news release garnered local media coverage.

In July of that year, deputies Stevenson and Lewis held a meeting with Berkey and her attorney where the city's financials were discussed, including a finding in the audit report that alleged a Goalsetter basketball hoop appeared to have been purchased with city finances, though substantiated receipts for the purchase she was later able to produce. She also informed the deputies that a backup disk was available at Mingo City Hall that contained all the financial data.

That same month, the petition states, the City of Mingo's insurance carrier made payment of $10,000 on Berkey's bond as city clerk and paid $10,000 for the audit even though "a thorough investigation of the detailed statement of claim was never conducted either by the Jasper County Sheriff's Office, Jasper County Attorney's Office, the insurance carrier or the City of Mingo."

In November of 2008, Berkey was arrested and charged with one count of first degree theft and two counts of felonious misconduct in office. The theft charge alleged the misappropriation of more than $10,000 of city funds with the misconduct charges stemming from her role as city clerk. On Nov. 17, 2008, the county attorney's office issued a media release regarding the criminal complaint against Berkey.

In December 2008, the Jasper County Attorney's Office notified Berkey's defense lawyers that the prosecution would be turned over to the attorney general's office. The state entered an appearance in the matter in January 2009 but six months later the prosecution "declared that the State had determined sufficient evidence did not exist to warrant an indictment of Ms. Berkey and that the State would not file an indictment on the charges. In September 2009, the court granted Berkey's motion to dismiss the charges.

The petition goes on to state that Phelps, in a letter to the Mingo mayor, indicted his concern that the State was not going to pursue an indictment and "explained to the Mayor that he is not sure that they would be able to recover from her civilly." In addition, at a September council meeting, the petition alleges, defendant Steenhoek commented the "whole purpose" of the audit "was to hang Amy" and that "she's running scot free and going to continue." Additional derogatory statements were alleged to have been made against Ms. Berkey at that meeting and beyond, the petition continues.

The lawsuit claims the sheriff deputies did not conduct a thorough investigation but based the charges on the contentions of Steenhoek and Phelps "without probable cause." Each of the defendants are accused of acting with malice against Berkey.

In addition to the malicious prosecution claim, Berkey is also alledging false imprisonment, violation of due process, slander and abuse of process.

Berkey is seeking a jury trial. The defendants in the case have yet to respond to the allegations.