[JHeath]

Hold on a second...Bohacek has nothing to do with this suit. That letter reeks of a political ploy against his reelection campaign.

[Southsider2k12]

http://thenewsdispatch.com/main.asp?Sectio...&TM=55350.3

Stand up to lakefront bullies; save teachers' jobs
Tom Labadie's letter ["Will McDaniel be removed?" Dec. 23] calling again for Carol McDaniel's ouster makes no sense unless he's siding with the beach millionaires who want the outdated 2005 assessments approved. It looks to me as if Carol McDaniel and her legal fight to approved the 2006 assessments is the only thing standing between teachers in Michigan City and big-time layoffs.

It's interesting that when push came to shove all those governmental entities like Michigan City Area Schools, Long Beach and the city of Michigan City have all filed suit to try to get McDaniel's 2006 numbers approved. The 2005 numbers being pushed by the beach millionaires and their toadies in government like Commissioner Bohacek and Auditor Hinchman would cost millions in lost tax revenues and mean layoffs and reductions in public services.

Doesn't sound like we should oust McDaniel. Sounds like she deserves a medal for standing up to these rich bullies on the lakefront and trying to do the right thing!

Carol Holifield

Mill Creek

http://thenewsdispatch.com/main.asp?Sectio...ArticleID=28023

School attorney going beyond board's intent
In response to Carol Holifield ["Stand up to lakefront bullies; save teachers' jobs," Sunday], I do not think the Michigan City Area Schools went to court over the assessment issue to give County Assessor Carol McDaniel some undeserved credibility. McDaniel is a pitiful political hack whom the state has pronounced unfit to hold office. She deserves not the medal Holifield would award her but, instead, the boot.

I do not wish at all to sound conspiratorial, but the real reason why the attorney hired by the school-city and other local governmental units took our case to the State Tax Court and then filed a "friend of the court" brief on behalf of McDaniel in her spite suit against the auditor is, as of yet, unknown - though these moves were contrary to the original consensus among her clients. We do know that even before she was hired (and numerous times thereafter) the attorney conferred with McDaniel's attorney about combining the two cases - again, contrary to the original consensus. The amicus brief alone has cost taxpayers $6,000.

As our own suit drag$ on, I am still of the opinion that it would've been far less costly had we gone into a trial court locally to seek, 1, a writ of mandamus to force the auditor to perform the duties of his office, or, 2, an action in quo warranto, whereby the auditor would have to show the court - if he could - what specific statutory provision authorized him to do what he did.

Beryle Burgwald

Member

School Board

[Ang]

That guy has a way with words!

[Southsider2k12]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=51429.35

Stimulus money available for schools?
As I understand it because of the property tax structure the Michigan City Area Schools may be going to be several million dollars short for the upcoming school year. This may mean a loss of teachers and supporting staff. Certainly this will have a negative impact on all of the students.

President Obama has stressed many times that dropping out of school was not an option. To compete in the global economy we must graduate top notch people from our high schools and universities.

To enforce his belief in his message, the president allocated $1.5 billion in the stimulus package for education. My question is, where are those dollars? Where is Indiana's share and how has it been allocated? Has it gone in the general fund to be used at the discretion of our esteemed governor? If I were a member of the teachers union I would be asking some tough questions.

Dan Nieding

Michigan City

[dawn]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=51429.35

According to a recent press release by way of Arne Duncan and President Obama, a large sum of that money is going into STEM educator training. It seems that they believe the old way of teaching is not working and not preparing our kids for the "global environment" Once again the money is going to go into the hands of the Universities, publishing companies and the hands of those already educated. Math and Science teachers are the ones to receive grant moneys to go back to school. Minorities will be targeted.

I think as we lament over the large shortfall in our education systems, we must identify a few things. Indiana is facing a 300 million dollar shortfall in the area of education. Gov. Daniels can decide where to make the cuts in education without any permission, if you will from congress. So keeping that figure in mind. We all whine because there are not the dollars. We say we are concerned about our kids futures, well it is all of our futures. But yet, we have no problem supporting entertainment productions such as Avitar (coincidentally it cost 300 million to make). Quality education costs. Maybe we have all had a relatively free ride for too long. Maybe, it is time for us to put our money where our Avitars are...

President Obama, Gov. Daniels, Tony Bennett, (the list goes on) cannot get blood out of a stone. It is time to ante up. Suing the auditor will hold the system accountable, but it hardly solves the problem. Even with the tax money from the county, it could still fall short from the state. Cuts are coming, so just like I will more than likely fill up my car to take a road trip whether the gas is $2.35 or 4.35, so it must be that we have to do what we have to do to educate our future.

(oh I could go on, and on, but you get the idea,

[praterteaches]

According to a recent press release by way of Arne Duncan and President Obama, a large sum of that money is going into STEM educator training. It seems that they believe the old way of teaching is not working and not preparing our kids for the "global environment" Once again the money is going to go into the hands of the Universities, publishing companies and the hands of those already educated. Math and Science teachers are the ones to receive grant moneys to go back to school. Minorities will be targeted.

I think as we lament over the large shortfall in our education systems, we must identify a few things. Indiana is facing a 300 million dollar shortfall in the area of education. Gov. Daniels can decide where to make the cuts in education without any permission, if you will from congress. So keeping that figure in mind. We all whine because there are not the dollars. We say we are concerned about our kids futures, well it is all of our futures. But yet, we have no problem supporting entertainment productions such as Avitar (coincidentally it cost 300 million to make). Quality education costs. Maybe we have all had a relatively free ride for too long. Maybe, it is time for us to put our money where our Avitars are...

President Obama, Gov. Daniels, Tony Bennett, (the list goes on) cannot get blood out of a stone. It is time to ante up. Suing the auditor will hold the system accountable, but it hardly solves the problem. Even with the tax money from the county, it could still fall short from the state. Cuts are coming, so just like I will more than likely fill up my car to take a road trip whether the gas is $2.35 or 4.35, so it must be that we have to do what we have to do to educate our future.

(oh I could go on, and on, but you get the idea,

My understanding of this problem is that if the lawsuit is successful, than only minor cuts will need to be made. Does anyone know when this lawsuit is going to be heard in court?

[Southsider2k12]

My understanding of this problem is that if the lawsuit is successful, than only minor cuts will need to be made. Does anyone know when this lawsuit is going to be heard in court?

The last number that slipped out was somewhere between $800k and a million dollars.

[kharris]

My understanding of this problem is that if the lawsuit is successful, than only minor cuts will need to be made. Does anyone know when this lawsuit is going to be heard in court?

The tax court judge has ordered the parties to sit down and see what they can do to work things out. Don't know if an actual hearing date has been set.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...e2553193129.txt

Compromise not accepted

By Alicia Ebaugh
Staff Writer
Published: Sunday, January 17, 2010 4:16 AM CST
MICHIGAN CITY — A compromise proposed by county officials to solve La Porte County’s property assessment issues for the 2006-pay-2007 tax year wasn’t accepted by Michigan City Area Schools and other parties because it wasn’t constitutional, their attorney said.

“The judge told us we need to talk about these things in October, and we have been. But there are so many continued problems with the assessed values that we think this does require a judge’s decision,” said Beth Henkel, the Indianapolis attorney who was hired to represent MCAS, Michigan City and Long Beach in their lawsuit against the Indiana Department of Local Government Finance and La Porte County Auditor Craig Hinchman.

The compromise, which County Commissioner Mike Bohacek said was presented at a public meeting with the DLGF in mid-November, would have increased most of the county’s 2005-pay-06 property assessments by about 25 percent using the Office of Federal Housing Enterprise Oversight index. Blue Chip Casino, Lighthouse Place Premium Outlets and NIPSCO would have remained at the assessed 2006 values.

“There are several problems with applying that rate across the board,” Henkel said. “You really don’t have a trend here. There are many properties where their values have gone up much higher than 25 percent, but others have gone down, particularly in the center of (Michigan) City.”

It also seemed problematic to use the 2006-pay-2007 values for only the three highest-valued properties in the county, Henkel said. The 2006-pay-2007 values of those properties were each at least $100 million higher than the previous assessed values.

The solution would be unconstitutional, she said, because the tax rates of local taxing jurisdictions like the school district and the city need to be based on properly assessed property values.

“Our real concern is that this would not be the solution taxpayers would expect,” Henkel said.

Bohacek admitted the plan was a “D-minus solution,” but said it was better than using the faulty 2006-pay-2007 numbers.

“It would trend forward the 2005 assessments, which are basically based on property values in 1999,” he said. “Property values have gone way up since then.”

It also would have recovered most of the $8.2 million budget shortfall MCAS would experience if 2005-pay-2006 data was used instead, he said.

School Board President Jim Kintzele was not available for comment on the matter as he was out of town.

Michigan City attorney Chris Willoughby, who represents the county in the suit, would not comment on the compromise.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...f4481252329.txt

Issue in tax court under advisement

By Alicia Ebaugh
Staff Writer
Published: Saturday, January 30, 2010 4:16 AM CST
INDIANAPOLIS — A motion to intervene has been taken under advisement in the Michigan City Area Schools tax court case attempting to force La Porte County Auditor Craig Hinchman to certify La Porte County’s 2006-pay-2007 property assessment values.

A hearing on the motion was held in Indianapolis on Thursday afternoon. Judge Thomas Fisher told participants he would rule on the motion when he came to a decision, said Thomas Atherton, attorney for Long Beach resident Bill Wendt, who petitioned to intervene in the case.

There was no indication when his decision could be made, Atherton said. Fisher has still not ruled on a motion to dismiss La Porte County Assessor Carol McDaniel’s tax court case against Hinchman on the same issue. That hearing was Dec. 18.

Michigan City and Long Beach are participating in the lawsuit brought by Michigan City Area Schools against Hinchman and the Indiana Department of Local Government Finance in hopes of recovering property tax revenue the entities budgeted for and already spent. MCAS faces an $8.2 million budget shortfall if Hinchman’s 2005-pay-2006 certified numbers are used instead, and the other entities also stand to lose a significant amount of money.

In his motion, Wendt claims the use of 2006-pay-2007 assessed values sought by MCAS, Michigan City and Long Beach shouldn’t be granted because the values are flawed. Wendt’s motion claimed an individual assessment appeal cannot provide complete relief because the faulty 2006 assessment data would create unequal tax rates. Tax rates for local taxing entities, including school districts and cities, are based on total assessed property value.

If the 2006-pay-2007 assessment values are accepted, Wendt will have to pay the ascribed taxes on his Lake Shore Drive home, which amount to more than $67,000.

Wendt has been involved in challenging the legality of the county’s 2006-pay-2007 property assessment data since it was first produced by Nexus Group, which was hired by the county to do the assessments. He first filed an open-records lawsuit in March 2008 requesting McDaniel’s office provide him with assessment information for thousands of properties in the county for the past 10 years. Wendt then hired a statistical analyst to comb through the data, and the analyst found serious flaws that caused the DLGF to issue an order of reassessment in May 2008. But the problems that pervaded the original assessments were not corrected in the reassessment, Wendt claimed in his motion. He claimed those problems could be proved by an independent accountant’s review of the reassessment, as well as an August 2009 memo issued by DLGF commissioner Timothy Rushenberg, which detailed unsubstantiated lowering of certain assessed property values and found the county and Nexus Group failed to comply with certain aspects of the reassessment.

[Southsider2k12]

http://thenewsdispatch.com/articles/2010/0...bc164893490.txt

Judge wants resolution on assessment suits

By Alicia Ebaugh
Staff Writer
Published: Thursday, February 4, 2010 4:18 AM CST
INDIANAPOLIS — All the participants in two lawsuits involving La Porte County’s property assessment debate are still being encouraged to come to a resolution together by Indiana Tax Court Judge Thomas Fisher.

A conference was held Jan. 28 in Indianapolis for all attorneys involved in the cases — La Porte County Assessor Carol McDaniel’s case against La Porte County Auditor Craig Hinchman and the Indiana Department of Local Government Finance, as well as that of Michigan City Area Schools, Michigan City and Long Beach’s case against Hinchman and the DLGF.

Both cases seek to force the certification of 2006-pay-2007 property assessment values.

According to court records, the attorneys said negotiations were still taking place. Fisher asked them to continue talks and report their progress back to the court on or before March 3. If the parties think negotiations would progress better with a mediator, they can tell the court at any time and appropriate action will be taken, Fisher wrote in his order.

MCAS, Michigan City and Long Beach are now also named parties in McDaniel’s suit, according to court records, as well as the La Porte County Council and County Commissioners, La Porte County Treasurer Nancy Hawkins, the town of Pottawottamie Park, the Michigan City Redevelopment Commission and the taxpayers of La Porte County.

Although no decision has been posted by Fisher on the motion to intervene in the MCAS case against Hinchman and the DLGF by Long Beach resident Bill Wendt, he and his wife, Dalia, are now listed as parties on that suit.

[mcstumper]

President Obama, Gov. Daniels, Tony Bennett, (the list goes on) cannot get blood out of a stone. It is time to ante up. Suing the auditor will hold the system accountable, but it hardly solves the problem. Even with the tax money from the county, it could still fall short from the state. Cuts are coming, so just like I will more than likely fill up my car to take a road trip whether the gas is $2.35 or 4.35, so it must be that we have to do what we have to do to educate our future.

You feel like the education system is being squeezed, but I tend to disagree. I believe it is the taxpayer who is getting squeezed by public education. Interesting read:
http://www.heritage.org/research/Education/bg2179.cfm

[Dave]

So, let me see if I have this clear, Stumper. You're advocating spending less on public schools? (I just skimmed the article -- advocates less federal money for schools and transferring more of the financial responsibility to state/local. even though fed dollars are less than 10% of public school funding, and throws in a remark about "school choice," which is at best a really lame attempt at humor.)

Show me a non-Libertarian* candidate for office advocating cutting funding to public schools and I'll show you the guy who's going to lose an election.

*Libertarians losing elections is pretty much a given.

[mcstumper]

Show me a non-Libertarian* candidate for office advocating cutting funding to public schools and I'll show you the guy who's going to lose an election.

I agree. To stand up against the teacher's union and the machine that is the public school monopoly is political suicide. It's funny that people are so concerned with the Supreme Court's recent decision on campaign finance and the lobbying power of "big corporations" when its these political juggernauts that have been forcing us down the wrong path for decades. It's too bad that you are so dismissive of school choice. A combination of school choice and vouchers would introduce competiton to an environment that badly needs it.

[Dave]

Teachers' Unions and all those pesky parents with kids in the public school system, that is. If you could just keep them from voting....

As for school choice and vouchers, I've always thought that's a bad idea. I can't see vouchers for parochial schools (unless you have no problem with madrasahs, or schools teaching Wicca or Vodun, getting them too). Public schools will always have one distinct disadvantage over private schools -- they have to take everyone. Private schools can be more selective about who they let in, and they have greater freedom when it comes to pitching problem kids out.

[Mack]

Teachers' Unions and all those pesky parents with kids in the public school system, that is. If you could just keep them from voting....

As for school choice and vouchers, I've always thought that's a bad idea. I can't see vouchers for parochial schools (unless you have no problem with madrasahs, or schools teaching Wicca or Vodun, getting them too). Public schools will always have one distinct disadvantage over private schools -- they have to take everyone. Private schools can be more selective about who they let in, and they have greater freedom when it comes to pitching problem kids out.

I agree with you 100% Dave.
There will always be a "market" for not living near this , that , or them. It will always demand a higher price.
Education should not be a part of that market force. (or farce). If I want a school that can easily get rid of "them" or not deal "those"whatsoever , I should have to pay a market premium for getting away... not force the entire community into paying tax dollars for "market" like schemes.
A Great Education should be available to all.

[lovethiscity]

I agree with you 100% Dave.
There will always be a "market" for not living near this , that , or them. It will always demand a higher price.
Education should not be a part of that market force. (or farce). If I want a school that can easily get rid of "them" or not deal "those"whatsoever , I should have to pay a market premium for getting away... not force the entire community into paying tax dollars for "market" like schemes.
A Great Education should be available to all.

It is very scary to agree with Dave 100%, but I also agree with him on this. What if we were to place an importance on the next generation. Let us say someday this group of youngsters will be taking care of us. Once they are in charge, it would be nice if they make better desicions than our generation has to this point. If we made education a commodity with a value called our future. We might come up with a pay structure for teachers that would eliminate the need for the pesky unions. Is anbody worried? Soon the kids that have not figured out how to keep their pants up, will running the show and they have been under our care.

[Ang]

Having lived in a community with open enrollment (school choice), I have to go with Stumpie on this. Being able to choose what public school your child goes to is wonderful. For one, it eliminates the child from having to change schools if a person moves. It gives children consistency and security in their learning environment which, in turn, helps them learn better. Yes, some schools are better than others and so everyone would want to attend the "good" school. However, it causes the schools that are "bad" to reevaluate themselves (specifically the principals at the schools) and try to improve. Additionally, the administration can see what schools are problem schools and take measures to improve them.

Concerning the other half of this discussion, people pay for private school for a reason. They feel their children get a better education there. I don't know if this is true or not, but providing "vouchers" for private school more or less de-privatizes them so I have to take Dave's side on that particular issue.

[Southsider2k12]

http://www.thenewsdispatch.com/articles/20...84740674359.txt

McDaniel lawyer attends MCAS meeting

By Deborah Sederberg
Staff Writer
Published: Thursday, February 11, 2010 4:18 AM CST
MICHIGAN CITY — Carol McDaniel’s lawyer attended Tuesday’s Michigan City Area Schools board meeting to see if any mention was made of the lawsuit against La Porte County Auditor Craig Hinchman.

MCAS, the city of Michigan City and the town of Long Beach have filed suit against Hinchman to force him to certify La Porte County’s 2006-pay-2007 property assessments.

The Department of Local Government Finance is named in the suit as well. If Hinchman’s figures are used, instead of those presented by County Assessor McDaniel, the MCAS will face a budget shortfall of $8.2 million.

The board made no mention of the suit at the meeting.

Mark GiaQuinta, who is representing McDaniel, told the board he is president of the Fort Wayne Community Schools board. He also said, “I really enjoyed being at your meeting.”

[Southsider2k12]

http://www.thenewsdispatch.com/articles/20...59657481016.txt

Kora seeks solution to tax issue

By Alicia Ebaugh
Staff Writer
Published: Thursday, March 4, 2010 4:19 AM CST
LA PORTE — As lawyers representing several parties in La Porte County’s property assessment lawsuit were set to file status reports on the case Wednesday, a Michigan City Area Schools board member appealed to County Commissioners on Tuesday to help them find a “political solution” out of court.

“I know there is a lot of history and hard feelings about this issue, but if you can persuade everybody to leave their egos at the door ... and focus on the tremendous harm and the tremendous damage that would result from further delays and inactions, I am hopeful you will find enough good will and common sense among people to find a quick resolution,” Dr. Vidya Kora said.

Kora spoke at Tuesday’s County Commissioners meeting, asking commissioners to meet with Assessor Carol McDaniel, Auditor Craig Hinchman and County Council members to bring about a quick resolution.

“Michigan City Area Schools is in a precarious financial situation,” Kora said. “I believe that the legal process is slow and expensive, and it is because of the impending financial catastrophe faced by our school system and by our community that I am here asking for your help.”

The school district faces a shortfall of $8.2 million if 2006-pay-2007 property assessment values for the county are not used, and it has sued Hinchman, who refused to certify the numbers and insisted the county use 2005-pay-2006 assessments instead.

“This will result in layoffs, eliminations or scaling down of vital programs to educate our children,” Kora said. “This will have a significant adverse effect on the education in our community and our economic future. We have spent over $400,000 this past year in interest expense because we had to borrow money to pay our expenses. Thousands of dollars have been spent in legal fees by the county, the school system and by the other taxing units. This is absolutely insane.”

Kora said the state Department of Local Government Finance already approved 2006-pay-2007 assessments, and that using them would solve the problem faster. But he said it wasn’t the only acceptable solution, when asked by Commissioner Mike Bohacek.

“How it happens doesn’t matter to us,” Kora said.

“I agree that this needs to be solved quickly,” Bohacek said. “I have a daughter in the Michigan City schools, she is in a special needs section, and this is important to me, too, because her program has the potential to be cut instantly. There has to be a compromise we can come to.”

Beth Henkel, MCAS attorney in the case, said Wednesday talks are continuing, but no solutions have emerged. Indiana Tax Court Judge Thomas Fisher has told all attorneys in the case a mediator can be assigned, if necessary, according to court records.