Newton Independent

Judge backs constitutionality of Iowa's corporate campaign disclosure law

By PETER HUSSMANN

A federal judge on Wednesday denied most of the Iowa Right to Life Committee's challenges to the constitutionality of Iowa's law on corporate political campaign spending, though reserving ruling on one count until the Iowa Supreme Court provides answers to statutory interpretation questions.

U.S. District Court Chief Judge Robert Pratt granted the Iowa Ethics and Campaign Disclosure Board's motion for summary judgment in three of four counts brought by Iowa Right to Life in a lawsuit filed in federal court last year.

Iowa Right to Life argued that Iowa law says that corporations cannot make political ads without a Political Action Committee, which it says requires "burdensome" registration, record-keeping and reporting requirements. It said the Iowa law violates the U.S. Supreme Court's ruling in Citizens United that said corporations have a First Amendment right to make political ads.

The new state law, which was enacted in 2010 after the Citizens United ruling, requires corporations and other interest groups to report on how they are spending money on political advertising.

However, Judge Pratt left open the door for further interpretation of the statute. He asked the Iowa Supreme Court to rule - or not - on whether a corporation that has not previously registered as a political committee makes independent expenditures in excess of $750 in a calendar year, does that make the corporation an "independent expenditure committee," a "political committee" or "permanent organization" under Iowa Code.

New name for Skiff's hospice

Newton Independent

Skiff Medical Center announced today that Hospice of Jasper County will now be known as Skiff Hospice, effective immediately.

"While we are proud to be Jasper County's original hospice, we're facing competition from hospices with similar names that have confused our customers," said Brett Altman, clinical operations officer for the medical center. "As competition has grown, it's becoming increasingly difficult for people to understand where their hospice options are coming from, even when most desire to stay local."

"It's not uncommon for people to mistake us as a subset of other hospice organizations," said Brenda Smith, Hospice director. "Skiff Hospice is not, and has never been, affiliated with Iowa Hospice, Hospice of Central Iowa, Hospice of Southern Iowa or SouthernCare. And yet people will sometimes sign up for a different hospice thinking that they are choosing us."

This mix-up can lead to disappointment and stress during a patient's final days because a person who is not a Skiff Hospice patient cannot be cared for by Skiff nurses in their homes or in the Monarch Wing, the six-room hospice unit within the hospital.

"This name change is designed to remove public confusion and make things clearer," said Christy Coffelt, Hospice clinical coordinator. "Some people have no idea that Hospice of Jasper County had anything to do with Skiff Medical Center. Now we can explain to them that Skiff Hospice is the service we provide, both in the hospice and in private settings - and the Monarch Wing is simply the name of the suite of rooms in the hospital where we care for hospice patients."

Skiff Hospice provides care for patients who are in any stage of a life-limiting illness. The majority of patients served by Skiff Hospice are cared for in their own homes, assisted living facilities or nursing homes.The end-of-life process can be lengthy and, according to Smith, the sooner hospice care is started, the better.

"We want to spread the word that hospice care is meant to help people live with dying," Smith said. "It's not just meant for the last few days of a person's life."

"I don't know how many times I've had families say, 'Why didn't we bring in hospice sooner?'" said Skiff Hospice nurse Brenda Malott.

To learn more about Skiff Hospice, call 641-787-3074.

Newton Manufacturing faces another discrimination lawsuit

By PETER HUSSMANN

A former Newton Manufacturing program manager caught up in another employee's successful discrimination lawsuit against the specialty advertising firm has filed a suit of her own against the Newton company, its president and vice president of human resources alleging that she, too, had her civil rights violated.

Kathy McMahon filed suit earlier this month in Jasper County District Court against Newton Manufacturing, Lee Cochran, the company president, and Jayne McKeever, the vice president of human resources, claiming sexual discrimination, unequal pay and retaliation for "testifying truthfully" in the discrimination case brought by Karen Jaminet against the company in late 2008.

According to court documents, McMahon worked at the Newton company beginning in July 1990. Over that period of time she earned seven promotions culminating in her promotion to Corporate Programs Manager in January 2006.

Over that course of time, the suit contends, McMahon was paid less than male employees who performed jobs which required "equal or less skill, effort and responsibility" as compared with her job as program manager.

The crux of her lawsuit, however, involves her role in the Jaminet case.

In October 2008, Jaminet, who reported directly to McMahon, filed a sexual discrimination, unequal pay and retaliation lawsuit against Newton Manufacturing. From the onset, McMahon alleges in her suit, the defendants pressured her "to discipline Jaminet, document any less-than-perfect performance, downgrade her performance evaluations and to testify favorably for Newton Manufacturing."

In September 2009, after giving a deposition in the Jaminet case, McMahon was called into Cochran's office where McKeever "was livid" and demanded that McMahon "explain herself," court documents state.

Even after Jaminet received a monetary settlement with the company in December 2009, McMahon contends in her suit that the "defendants continued to push (McMahon) to retaliate against Jaminet."

"The defendants continued to retaliate against Plaintiff for testifying truthfully at her deposition," the lawsuit alleges.

McMahon said the company "undermined (her) authority in the workplace" and "ignored her requests for additional help. In January 2010, due to continued pressure to retaliate against Jaminet, particularly in regard to her March 2010 performance evaluation, she was "constructively demoted." Her position was taken by Toni Peska, the suit states.

However, even though she was no longer Jaminet's supervisor, she was still required to prepare Jaminet's March 2010 performance evaluation. Had she known that would be the case, the suit contends, she would not have accepted the demotion and pay cut.

After completing the evaluation, McKeever and Peska gave McMahon a list of revisions to be made to Jaminet's evaluation. McMahon, however, refused to make them believing they were "inaccurate, unfair and retaliatory," the lawsuit states.

At that time, the suit alleges, McKeever "warned her that she really needed to think about what she was doing" in refusing to make the changes.

In May 2010, during her first performance evaluation in her new position with the company, McMahon received the first "unfavorable review" in her 19 year history with the company. One of the reviewers, Larry Bayliss, later told her personally that he thought the evaluation of her performance was "too harsh, but that he had spoken to Lee Cochran who had 'set him straight,'" the suit states.

Jay Donlin, another of McMahon's performance evaluators, said her "needs improvement" marks under "skill in evaluating subordinates" reflected "the other circumstances" that were "now behind them," referring to the Jaminet civil case, the lawsuit states.

The suit contends that on Aug. 24, 2010 McMahon was called a "bitch" while at work. She reported it to Peska who said she had not heard the remark and "walked away." She was "constructively discharged" that same day.

Jaminet is also no longer with the company. She filed a second discrimination lawsuit against the company late last year.

Both women are represented by attorney Paige Fiedler of Urbandale.

Newton CVB releases newsletter

Newton Independent

The Newton Convention and Visitors Bureau released its second quarter newsletter on Wednesday, an eight-page guide to what's happening on the tourism scene in Newton and Jasper County.

The newsletter contains information on upcoming events, such as the Fly Iowa air show and the motorcoach tour, as well as features on area business.

You can find information here.

City takes care of overgrown lawn

A City of Newton employee mows the overgrown lawn at a foreclosed residence in the 300 block of West Second Street South this morning. The property, foreclosed upon by Bac Home Loans Servicing last year, has had its lawn mowed just once this summer, residents living in the area said. A neighbor complained to city officials about the condition of the property resulting in the mowing it received by a city worker today.

- Newton Independent

State Senator says closing of Workforce Development offices already under way

Newton Independent

Sen. Dennis Black, in a letter to the editor published earlier today, asks Iowans to help stop plans to shut down Workforce Development offices around the state, a move another state senator says is already under way.

Sen. Bill Dotzler, chair of the Iowa Senate Economic Development Budget Subcommittee, said in a press release posted on the Iowa Senate Democrats' web site Tuesday, that Workforce Development offices in Iowa Falls and Mount Pleasant have already been shut down, even though the Democratic-controlled Senate and Republican-controlled House have given final approval on the compromise Economic Growth budget which specifically mandates that the offices stay open and provides the necessary funding to do so.

"Governor Branstad and Teresa Wahlert, his Director of Iowa Workforce Development, are sneaking out of town like thieves in the night, stealing services from unemployed Iowans," Dotzler says in the release.

Earlier this year, the governor's office announced plans to close 37 local Workforce Development offices, including Newton's, with the offices replaced by Internet access at local libraries.

"Why is Governor Branstad shutting down help to Iowans looking for work at a time when a hundred thousand Iowans are unemployed," Dotzler said. "We should continue helping unemployed Iowans get back on their feet and help their communities recover from the national economic recession. Governor Branstad needs to follow the law when it comes to helping Iowa workers."

Reporter's layoff 'bad for food'

Newton Independent

Grist, an environmental blog, recently posted a story on the Des Moines Register's decision to layoff veteran agricultural reporter Philip Brasher and close its Washington, D.C. bureau, a move the writer says is "bad for food."

The decision by the Gannett-owned newspaper circulated widely among those following food policy in the U.S. One writer reacted with this tweet, the story notes:

"Gannett closes Iowa paper's entire DC bureau in advance of the Iowa caucuses AND the Farm Bill?? That's a joke, right?"

You can read the article here.

Hy-Vee fund-raisers set for Freedom Flight

Newton Independent

The Hy-Vee gas station will once again be donating proceeds from a portion of gasoline sales this Friday to the Jasper County Freedom Flight.

Ten cents from each gallon of gas sold from 11 a.m. to 1 p.m. Friday will go towards efforts to take Jasper County veterans to tour the memorials in Washington, D.C. this fall.

In addition, the Hy-Vee grocery store meat department is offering special meat bundles this weekend with a portion of proceeds going to the Freedom Flight. Meat bundles will be sold Thursday through Monday for $25 with $5 of the cost going to the Freedom Flight. The package includes 10 burger patties, 10 brats and 20 half-pound hot dogs.

Amvets to host breakfast fund-raiser for Freedom Flight in conjunction with steam engine train ride

Newton Independent

The Amvets Post 50 will be holding a breakfast fund-raiser for the Jasper County Freedom Flight in connection with the Colfax and Kellogg Fire Departments' steam engine train ride event set for July 9.

The Amvets will be providing homemade cinnamon rolls, donuts, Very Berry slushes, coffee, milk and water for free will donations in advance of the day's first scheduled train ride which leaves Mineral Springs Park in Colfax at 9 a.m. Proceeds will go to the Freedom Flight, an event being organized to take World War II, Korean and Vietnam veterans to Washington, D.C. to view the memorials this fall.

The Colfax and Kellogg Fire Departments are sponsoring the steam engine train rides. The first train leaves the Colfax park at 9 a.m. with the second ride departing at 12:30 p.m. Riders will travel along the tracks of the Iowa Interstate Railroad to Kellogg, where the engine will be turned around for the return trip.

Only 400 tickets are available for each ride. Tickets cost $12.50 for adults, $6 for children 2 to 12 with those under 2 riding free. Contact Brandon Bruxvoort, 515-681-3560, Eric Harmison, 515-971-3353, or Reg VanDusseldorp, 515-669-1767, for tickets.

Newton teacher to participate in governor's roundtable on education improvements

Newton Independent

Amy Prime, a second grade teacher at Berg Elementary School in Newton, will be one of the panelists during a series of roundtable discussions set for Wednesday, July 13, in advance of the Iowa Education Summit set for July 25-26 in Des Moines.

Gov. Terry Branstand and Lt. Gov. Kim Reynolds will hold three, hour-long roundtable discussions on July 13 to gain a deeper understanding of the changes needed to improve schools across the state.

A business leaders roundtable will kick off the day at 10 a.m. in large conference room at the governor's office. Business leaders will talk about the qualities, skills and knowledge they need from workers in a globally competitive environment.

At 1 p.m., college and university presidents, as well as K-12 educators, will discuss how to better prepare students for college and post-secondary training.

Prime will participate in the teachers' roundtable set for 3 p.m. in the governor's office. Teachers from around the state will talk about what they need to be more effective in the classroom.

Linda Fandel, special assistant for education for the governor, and Iowa Department of Education Director Jason Glass will moderate the sessions.

"Iowa used to be a top performer on national tests, but has slipped toward the middle of the rankings," Reynolds said in a press release announcing the roundtables. "We have a proud education tradition to build on, and must assure our students are not just best in the nation but globally competitive as well."

The sessions are open to the public and will be lived streamed at Iowa Department of Education web site.

In addition, the governor and lieutenant governor will host seven town hall meetings around the state in advance of the summit to gain input from Iowans on their ideas to improve education. The closest to Newton will be held from 10 a.m. to noon Thursday, July 21, at Sacred Heart Parish Hall, 1111 Marshall St., in Boone.

Letter: A call to action

To the Newton Independent:

On Friday, the Economic Development Committee conferees agreed to keep Iowa's Workforce Development offices open. They are an integral component of job placement and work closely with DMACC in workforce training. The conference committee report was passed in the Senate on Friday and will be passed by the House on Monday.

However, the Director of Workforce Development has made it known to Governor Branstad that she wants the language vetoed from the appropriations bill, thus closing most of the offices statewide. Here we are in Jasper County, with the highest unemployment rate in the state, and our Workforce office would be closed with the governor's veto.

This must not happen!

Sue Padilla from the Newton Library did a magnificent job in testifying before the Economic Development Committee that libraries in Newton and across the state are in no condition to carry on the job of the workforce agency. Most libraries are understaffed the way it is, and to have the massive amount of work transferred to them is unworkable.

Thus, I am urging all who read this to call the governor's office, 515-725-3518, and leave word for the governor to NOT line-item veto the language that keeps Iowa's vital Workforce Development offices open.

He should recognize that to attain job growth in Iowa requires two important things. One is a trained and available workforce, which is the role of community colleges, and Workforce Development offices, where the unemployed utilize services essential to their condition. Keeping these offices open is an investment in Iowa's future.

Please call now!

Sen. Dennis Black
Lynnville

Letter: They'll burn in Hell

To the Newton Independent:

It didn't rain on race track in Newton and you can thank me for that.

On Friday night before the races I prayed that it would not rain and as you saw, it didn't so all you race fans please send me lots of money and I will pray for you before the next race.

You think I'm crazy, don't you?

No, I'm not crazy. I'm just not as convincing as all those television and radio preachers who claim to be preaching the Gospel while raking in millions of dollars.

If God is the God that I think God is, every one of those people will burn in Hell. The devil took Jesus up on a high place and offered him the whole world and Jesus turned him down.

If you have any extra money give it to your local church or the animal rescue league people.

Olen W. Lambert
Newton

Rest in peace, Jim

Be back soon

Newton Independent

TEAM 25 is, has been, and where I will be the next couple of days.

 

 

 

Dr. Martin released from federal prison

By PETER HUSSMANN

Former Newton doctor Angel Martin was released from federal prison in Terre Haute, Ind., on Friday after completing the six-month prison term handed down last October for his conviction on health care fraud.

The long-time Newton surgeon was convicted in January 2010 on 31 counts of health care fraud following a five-day jury trial at the federal courthouse in Des Moines. He was charged with billing health insurance providers for services beyond the scope of the services provided.

In August 2010, a federal judge denied Martin's request for a new trial stating the evidence presented by government prosecutors at trial was sufficient for a jury to return a verdict of guilty on all counts presented.

In November, a month after he was given a six month prison sentence, Martin purchased space in the local advertising shopper where he stated he "never, never tried to defraud the system" and that he will work to ensure that what happened to him "does not happen to other well-intended practitioners."

In December, before beginning his six-month prison term, Martin voluntarily surrendered his Iowa medical license to the Iowa Board of Medicine.

Keeping in Touch: Senate approves compromise to address priorities, prevent shutdown

By SEN. DENNIS BLACK
Democrat, Lynnville

With the end of the fiscal year quickly approaching, I've been at the Statehouse working on a sensible budget compromise in the best interest of Iowa families, students, businesses and communities.

While things are not final yet, we're getting close. We need to complete the state budget by July 1 when the new fiscal year begins so that state government continues to operate efficiently and meet the needs of Iowans.

In the last few days, the Senate has approved a complete state budget that avoids a two-year starvation diet for Iowa schools, preserves key job creation efforts and protects the pocketbooks of Iowa taxpayers. This compromise budget is balanced, does not raise taxes and meets the top two demands of the Governor and House Republicans: it spends less than $5.99 billion for next year and puts in place a two-year budget.

The House and Senate continue to find common ground in additional areas. On the Economic Development Budget, for example, we've agreed to keep local workforce offices open to help unemployed Iowans find jobs and businesses find workers. We've agreed to support efforts at Iowa's state universities to encourage economic growth, including research parks and small business development centers. And we've agreed on funding for Iowa's Commission on Volunteer Service, which leverages millions of dollars for volunteers to improve our communities.

On the Health and Human Services Budget, negotiators have agreed to keep giving vulnerable Iowans the care they need to stay in their own homes. It's less costly than institutional care and offers a better quality of life for Iowans with disabilities, the elderly and those with serious diseases.

Differences do remain, however, and I hope the House and Governor work with us to reach resolution. A couple of key differences include:

• Support for our local schools. I'm not happy that Iowa's K-12 schools will receive no new state support next year. As a compromise, I voted to accept that Republican demand, and hope the House will in turn agree to a modest 3 percent increase in state support for local schools in 2013.
• Commercial property tax relief. The Senate supports a $200 million commercial property tax cut that provides a bigger tax break for four out of five commercial property taxpayers than the plan supported by the House and Governor. The Senate plan supports local economic development without increasing residential property taxes. I hope the House and Governor will come around on this issue. Surely we can agree that helping small businesses and protecting homeowners is more important than giving big tax cuts to out-of-state corporations.

We were elected to make Iowa a better place to live, work and raise a family. We don't always have the same ideas on how to reach that goal, but I believe we are very close to agreement and hope we will complete our work by July 1.

 

Newton man killed in accident

Newton Independent

A Newton man was killed late Saturday south of Newton when the vehicle he was a passenger in alleged ran a stop sign and was hit broad-side by a vehicle traveling south on Highway 14.

Michael L. Hawkins, 65, was killed in the accident at the intersection of Iowa Highway 14 and South 24th Avenue West reported at 11:20 p.m.

According to the Iowa State Patrol, Hawkins was a passenger in Cadillac DeVille driven westbound on South 24th Avenue West by Ellen Howell, 64, of Newton when she allegedly ran a stop sign at the intersection with Highway 14 causing a vehicle driven southbound by Ingrid Sawyer, 36, of LeGrand to strike the passenger side door of the Hawkins vehicle.

Howell was injured in the accident and taken by the Newton Fire Department to Mercy Hospital in Des Moines. Sawyer was unhurt.

The accident remains under investigation though the State Patrol said it was "not Speedway traffic related."

Friday Forecast

Newton Independent

Details on this year's Fourth of July activities in Newton are included in today's edition of the Friday Forecast put out each week by the Greater Newton Area Chamber of Commerce.

The theme for this year's celebration is "Heritage and Pride," as Newton celebrates the 100th anniversary of the construction of the Jasper County Courthouse. A rededication ceremony is planned for 11:30 a.m. on Monday, July 4, with Iowa Gov. Terry Branstad attending. The governor will also ride in the day's parade.

Read all the details, as well as what else is happening in Newton and Jasper County in the coming week, here.

Jasper County farm subsidy payments up slightly in 2010

By PETER HUSSMANN

Jasper County farmers and landowners received more than $14 million in farm subsidies last year, data released by the Environmental Working Group on Thursday indicates.

The majority of the $14,297,128 in payments to the nearly 1,400 recipients went toward farm commodity subsidies (($6,183,949) with crop insurance premium subsidies accounting for another $3,955,237. Disaster subsidies stood at $2,364,252 in 2010 and conservation subsidies accounted for the remainder of the total $1,793,699.

Individually, Gardner Farm Partnership of Mahaska County received the largest commodity subsidy payment last year at $82,228. The Partnership also received the largest disaster payment at $280,019. I-80 Farms of Colfax, headed by William and David Talsma, was the largest recipient of conservation farm subsidies last year with the receipt of $41,213.

The 2010 farm payments were slightly above the $13,648,702 that went to 1,412 Jasper County farmers and landowners in 2009. However, no disaster subsidies were paid to local property owners in 2009.

The data shows that a total of $277 million in farm subsidies have been paid to Jasper County farmers and land owners between 1995 and 2010.

Of the total received, $205 million was received by Jasper County property owners through commodity subsidies during the 15 year time frame. The largest county recipient of commodity subsidies is I-80 Farms with $1,992,971 received since 2003.

Over the 15 year period, a total of $32.7 million in conservation program payments were made. Merl Brown of Orlando, Fla., is the largest single recipient of farm subsidies under the conservation program with a total of $592,010 dating back to 1995, the data shows.

Disaster subsidy payments totaled $4.55 million over the 15 year period with the payment to the Gardner Farm Partnership last year the highest recorded.

Another $34.8 million went for crop insurance premium subsidies since 1995.

Iowa ranks second in the nation in total farm subsidies received with $22.3 billion paid between 1995 and 2010. Of that total, $15.5 billion was paid for commodity subsidies, $2.89 billion in crop insurance and $3.39 billion in conservation subsidies. Disaster subsidies accounted for $556 million over the period.

Jasper County tax sale nets $377,000

By PETER HUSSMANN

Jasper County's annual tax sale this week netted more than $370,000 for local government coffers.

Jasper County Treasurer Doug Bishop said a total of 325 parcels were put up to for sale to the 71 bidders attending the sale at the Newton DMACC campus on Monday. Bidders paid the outstanding property taxes on 265 of the parcels netting a total of $377,135.51. Of the 65 parcels that went unsold, 34 were mobile homes.

This year's tax sale figures were below last year's levels. In 2010, 356 parcels were put up for bid with 277 sold netting $428,689 in property taxes.

The total number of parcels put up for bid at Monday's sale was about half the number listed on the county's initial delinquent property tax list. A week before the sale there were a total of 594 parcels listed as delinquent on property taxes with a total value of $630,360.21.

County tax sales are held on the third Monday in June each year across Iowa. The sales enable counties to collect unpaid taxes by investors willing to put up the cash in return for a solid rate of return, 2 percent per month or 24 percent a year. The money collected at the tax sale is subsequently distributed to the taxing jurisdictions in which the parcels sit - local school districts, cities and the county.