Welcome to My Tea Party

Could Harry Reid Pick Indiana's Next Senator?

2012-02-03T00:35:00.002-05:00

Will Democrats oppose Lugar's candidacy?

Here's an interesting analysis written by a Missouri Tea Party member concerning the issue of whether or not Senator Richard Lugar is qualified to be an Indiana senator since he hasn't lived in the state for over three decades.

Earlier this week I noted that the Daily Caller had picked up the story that Dick Lugar has not lived in Indiana--the state he represents in the United States Senate--since the late 1970's. That's interesting because Article I, Section 3 of the U.S. Constitution reads in part: "No person shall be a Senator...who shall not, when elected, be an inhabitant of that State for which he shall be chosen." From there, I concluded:

Dick Lugar has not inhabited the state which he represents since the Carter Administration, which, in light of the U.S. Constitution, would imply that he has not been eligible to run for the United States Senate since the Gerald Ford Administration. It's time to vote for Richard Mourdock in the Indaina GOP primary.

There have been a couple of developments since I posted that. Lugar shrugs off the issue claiming that he has a 1982 permission slip from the Indiana Attorney General stating that he need not live in Indiana because he is "on business of this state or of the United States."

That argument falls apart because of the Constitution's supremacy clause:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

A state's AG cannot override a requirement of the U.S. Constitution; therefore, permission from a state attorney general does not allow a candidate for U.S. Senate to dodge the requirement that they "be an Inhabitant of that state..."

I described this all to Dave Roland of the Freedom Center of Missouri. The Freedom Center specializes in constitutional law and Roland is their Director of Litigation. He agreed with me on the points as I relayed them that a candidate for office should maintain a home in the state they wish to represent. However, he added:

...the big question is who ultimately gets to decide if a candidate for Congress meets this requirement. Article I, Section 5, states that each House of Congress is responsible for judging the qualifications of its own members - it is very possible that courts might take this as meaning that they have no jurisdiction to address this matter.

That quandry in itself could lead to a protracted legal fight, but probably will not. I suspect that one would have to have legal standing in order to bring the suit. Richard Mourdock, Lugar's opponent would have standing, but Mourdock would have to decide whether or not he has the political capital to try to strike Lugar from the ballot. That's not an easy decision, though it certainly would raise Mourdock's name recognition.

After Indiana's May primary, the Democrat candidate for U.S. Senate would have two paths available to them to strike Lugar's name from the November ballot if Lugar wins the primary. First, they could go to the courts just as Mourdock could. Second, since Article I, Section 5 empowers that each House of Congress to judge the qualifications of its members, Indiana's Democrat nominee could ask the Democrat controlled Senate for an assist. In short, Harry Reid could pick Indiana's next Senator.

Don't take chances. If you live in Indiana, please remember to vote for Richard Mourdock on May 8th.

You can find this story at this link:
http://beforeitsnews.com/story/1708/360/Is_Senator_Lugar_Constitutionally_Qualified_to_Run_for_US_Senate_in_Indiana.html

Is There Another Scandal Brewing Within Senator Lugar's Campaign Staff? Is Lugar's Campaign Manager Posing as a Federal Agent?

2012-02-02T22:30:00.003-05:00

From the Facebook Photo File of "Jack Tripper"

A few weeks ago this blogger received an invitation to become Facebook friends with someone identified as "Jack Tripper." Not knowing who this person was, the invitation was declined. The only Jack Tripper in my recollection was the character in Three's Company, a sitcom from the 1980's.

So who is Jack Tripper, and why did he choose to seek me out on Facebook? According to a political insider, David Wilkie, campaign manager for Senator Richard Lugar is using the pseudonym, listing his occupation as a United States Secret Service Agent. You can find the page here (unless it suddenly gets deleted).

Mutual Facebook friends of this blogger have apparently accepted his invitation, including political figures such as Mike Pence, Greg Zoeller, Tony Bennett, and Becky Skillman. Surprisingly, Richard Mourdock is also listed as a Facebook friend of "Tripper's" even though an anti-Mourdock picture is included in a collection of "Tripper's" photos.

Why the subterfuge, and is it legal to pose as a federal agent?

David Wilkie, are you posing as Jack Tripper? Come out from behind the curtain if you are.

The next question one must ask is that if Jack Tripper is really David Wilkie, will this come back to haunt Senator Richard Lugar?

A Primary Victory for Lugar Could Mean a Republican Loss in November Say Democratic Insiders, Indiana Election Division Avoids Lugar Complaint Until After May Primary

2012-02-02T20:51:00.007-05:00

Could a Lugar victory result in a Democratic win in November?

Insiders within the Democratic party say they are remaining silent for now about Senator Richard Lugar's alleged voter fraud scandal in hopes that it can be used as an issue in the general election should the senator win at the primary level in May.

According to Democratic insiders within the Indiana Election Division, Republican commission members opted not to call a monthly meeting for January, reportedly to avoid taking up Greg Wright's complaint concerning Lugar's alleged voter fraud.

"They want to avoid the issue until after the primary," stated the source. "Democrats wanted to discuss the issue; however, it has been tabled."

Democratic insiders believe that if Lugar should win the Republican primary election, the issue of voter fraud will be enough to defeat Lugar and land a victory for his Democratic opponent; therefore, they are not pushing the issue now.

Lugar continues to hide behind a legal opinion from former Attorney General Linley Pearson, which he says gives him a legal loophole. Lugar and his wife continue to vote using an Indianapolis address for a home they haven't owned or lived in for 30 years; however, Attorney Paul Ogden, who served as a Deputy Attorney General during the Pearson administration shares a differing opinion on the matter.

"Let's be perfectly clear," commented Ogden. "There is no 'loophole' in the law that allows a person to continue running for U.S. Senate without a residency in Indiana. But that is a separate issue from voter fraud and perjury. There most certainly is no law that allows Lugar to sign documents under oath falsely stating he lives at someone else's house when he goes to vote."

Tea Party supporters are rallying behind conservative Richard Mourdock. Since the scandal has recently made the national news circuit, it has become clear that a primary victory for Richard Lugar could, in fact, result in a Republican loss in November, especially if Democrats initiate legal action over the controversy, which is probable according to political insiders.

Will the local media be able to ignore this growing scandal much longer? It's all the talk in Washington these days.

Nationally Known Political Pundit Takes on Lugar's Residency Controversy

2012-02-02T09:46:00.001-05:00

Mark Levin, a nationally known radio host and political pundit, discussed Richard Lugar's residency problem on his show. You can find the link here.

Levin calls it "bizarre" that Indiana law would allow for such a loophole! I think it's more than bizarre. I think if Charlie White or anyone else had done this, there would be no loophole!!

It has been reported that Attorney General Greg Zoeller approves of Lugar using a phony address, but could this support have anything to do with the fact that his wife once worked for the Senator? Zoeller apparently dodged the question as it pertained to Lugar's wife.

Is Gerard Beloin a "Political Prisoner?" Whistleblower Gets 3 1/2 Years in Prison for Exercising Constitutional Rights, New Hampshire Supremes Agree to Hear Appeal

2012-02-02T00:46:00.008-05:00

Gerard Beloin is being held as a political prisoner in a New Hampshire prison.

As Gerard Beloin sits in a New Hampshire State Prison, many of his friends and family members believe he is being held hostage as a political prisoner. This blogger has gotten to know Beloin over the past few years as we were fighting similar battles on different fronts and believes what he says to be true, not to mention the fact that he has mountains of evidence to back up his claims.

Beloin, a New Hampshire business owner, blew the whistle on roofing industry corruption in his hometown and was sentenced to 3 1/2 years in prison after he refused to capitulate to the demands of prosecutors to plead guilty for a crime that he has steadfastly stated that he did not commit in exchange for no prison time.

Beloin's convictions and a lack of funds to properly defend himself landed him in state prison where he wages a one man war against a corrupt system run amok. Armed with the Constitution, Beloin was recently granted an appeal hearing by the New Hampshire Supreme Court, which is currently pending. He had previously filed a Writ of Habeas Corpus in the lower courts, however, it continues to be ignored, a matter he hopes to remedy with with the Supreme Court justices.

His crime? After exposing corruption involving alleged illegal school roofing contracts in his hometown, Beloin recorded a conversation wherein threats were being made against his life. These recordings would be perfectly legal in states such as Indiana, but in New Hampshire both parties must agree to the recording. Beloin was subsequently charged with wire-tapping even though federal law permits recordings that involve danger to "life, limb, or property."

These fraudulent wire-tapping charges resulted in the revocation of Beloin's gun permit. Beloin was repeatedly threatened with death and had the audio tapes to prove it. Subsequently, he relied on his right to keep and bear arms to ensure the personal safety of himself, his wife and young daughter. Beloin was later found with a gun in his briefcase and was charged with an additional crime for merely exercising his Second Amendment right.

For years he relentlessly fought the system representing himself with much success; however, he was embarrassing the political establishment whose members were being called into question by Beloin for their involvement in the alleged corruption. Beloin and his allies believe that he was targeted by political power brokers for speaking out against them, which resulted in his incarceration. He is now seeking help in getting his story out to the masses and raising money to help in his defense.

Included in his appeal to the New Hampshire Supreme Court are several arguments, including the fact that New Hampshire laws states, "Agents for the State have no right to privacy when there is 'articulable suspicion' that there is 'illegal activity, the suspected fraudulent conduct or activity involving a violation of law, or a pattern of business practices adversely affecting the public safety.' "

Beloin argues that "According to the Supremacy Clause of the U.S. Constitution, state law is preempted where state and federal law conflict. He also rightly points out that "the state is legally obligated to protect this taxpayer watchdog."

Beloin also contends that his right to own and possess firearms was illegally revoked. He points out that the state had originally dismissed the charges of recording a public official against him "with prejudice" only to reinstate them later after the judge allegedly received outside political pressure to do so. Had those charges been rightfully dismissed, Beloin would have never had his gun permit revoked, which means he would not have been sent to prison.

Beloin also contends that the prison sentence was excessive,especially considering the fact that the prosecutor recommended no jail time since Beloin had a clean record and had been an exemplary citizen, but the judge apparently didn't like the fact that this patriot had the audacity to fight the good ole boy network.

Beloin has written a tell-all book from his prison cell and is working to get it published. In the meantime, Beloin's supporters are working to get the word out. They will be setting up a Facebook page, hoping to get the word out for the purpose of getting support, financial and otherwise.

In the coming days and weeks, this blogger will be highlighting the evidence that Beloin has meticulously gathered over the last several years in his plight for justice. Justice has been perverted in New Hampshire, and this patriot needs our help. The wrong people are in jail. There are public officials who have grossly and without conscience violated this man's constitutional rights and it's time to come to the defense of this man and the constitution.

You can start by phoning the following New Hampshire State Representatives and ask them to help free political prisoner Gerard Beloin. Next, let me know how you can help this New Hampshire patriot. Shoot me an email at divi1960@gmail.com.

Representative David Welch 603-271-3565
Representative Larry Rappaport 603-237-4429

Lugar Voter Fraud Allegations Hit National Spotlight

2012-01-31T05:30:00.002-05:00

The Daily Caller, a national political publication, has reported on Senator Richard Lugar's voting fraud issue.

You can find the link here.

BMV Will Look Into Lugar Complaint

2012-01-18T21:50:00.001-05:00

Greg Wright received word today from Elizabeth Murphy, General Counsel for the Indiana Bureau of Motor Vehicles, that her office will look into the recent complaint filed against Senator and Mrs. Richard Lugar. Apparently, the Lugars have been using a phony address to register their vehicles at the BMV.

"The BMV is in receipt of your letters dated December 28, 2011, regarding Richard and Charlene Lugar. We will look into this matter to determine the appropriate action, if necessary. Thank you for the information you have provided," wrote Murphy.

Indiana citizens are waiting to see if the law will be applied equally.

Stay tuned.

A Closer Look At Senator Dick Lugar's Deep RINO Roots: What is Lugar's Connection to Wendell Willkie, the First RINO of Record?

2012-01-09T23:00:00.002-05:00

Wendell Willkie, the first RINO

It's no secret that many in the Republican party are upset with Senator Richard Lugar for calling himself a Republican while behaving like a liberal, thus earning the title of RINO (Republican In Name Only).

For those who understand the past, it should come as no surprise that Lugar recently praised Obama's "strong voice and creativity" and also referred to our socialist-leaning president as "my good friend."

"I very much feel like the novice and pupil," Obama has said of Lugar.

In addition, When Barak Obama was running for president, he referred to Lugar as someone he would go to when it comes to foreign policy. Lugar is the only Senate Republican to publicly endorse the New START pact that President Obama negotiated with Russia.

Lugar looks on in adoration of his "good friend" Obama

Lugar is by no means the first RINO to hit the national scene, but ironically, the original RINO and 1940 Republican presidential nominee, Wendell Willkie, has much in common with the Hoosier senator.

Willkie was cozy with Democrats. He joined with Eleanor Roosevelt to form Freedom House and was a delegate to two Democratic national conventions.

A Wilsonian Internationalist who promoted world government, Willkie wrote the book "One World." He supported Roosevelt's controversial New Deal.

Late in his career, Willkie joined the New Liberal Party and attempted to push its agenda nationally. Senator Lugar was a member of a liberal think tank, the Roosevelt Institute's Campus Network. And proving that he's no statesman, he recently resigned under pressure from the Tea Party.

Knowing this, one should not be surprised to learn of Lugar's pick to manage his 2012 Senatorial campaign.

Willkie's great-grandson, David W. Willkie, heads Lugar's re-election efforts. A former Senate Foreign Relations staffer, Mr. David Willkie, like his great-grandfather and Senator Lugar, is a Wilsonian Internationalist. He is a very proud of his great-grandfather.

If you subscribe to world government, Progressivism and prefer left-leaning Republicans, these facts may not be troubling. If you are a Constitutional conservative, loyal to the ideals of our founders, you might feel otherwise.

Secretary of State Forwards Lugar Voter Fraud Complaint to Indiana Election Division for Further Review

2011-12-31T16:38:00.002-05:00

CFE Greg Wright

As previously reported, Certified Fraud Examiner and Indianapolis resident Greg Wright filed a complaint with the Secretary of State against Senator Richard Lugar and his wife for allegedly using a phony address for voting purposes.

Wright received an official response today stating that his complaint will be forwarded to the Indiana Election Division to determine if the Lugars violated the Help America Vote Act of 2002 or the National Voter Registration Act of 1993.

"Your complaint has been forwarded to the Indiana Election Division for further review," wrote Vance Poole, Election Outreach Manager for the Indiana Secretary of State's office.

"The Election Division will first determine whether a violation of the Help America Vote Act of 2002 or the National Voter Registration Act of 1993 has occurred, assuming the facts set forth in the complaint are true, and will advise you of that determination."

A copy of the letter was sent to Co-Directors, Indiana Election Division as well as to Senator and Mrs. Lugar.

Wright sent a follow-up request, asking Poole for the address that was used to notify the Lugars. Will the state officially recognize the phony address that the Lugar's have been using for 30 years for voting and driving purposes, or will they track down the real one?

You can access a copy of the letter below. Click on to enlarge.

Administrative Hearing Requested of BMV to Determine if Vehicle Registration Process for Senator Lugar was Violated

2011-12-29T15:37:00.006-05:00

Certified Fraud Examiner Greg Wright

How are Senator Lugar and his wife renewing their Indiana driver's licenses and showing proof of residency when they have none? Is someone providing special favors inside the BMV?

Indianapolis resident and Certified Fraud Examiner Greg Wright sent a certified letter to the Indiana Bureau of Motor Vehicles asking for a formal hearing to determine whether or not Senator and Mrs. Richard Lugar may have violated laws pertaining to the vehicle registration process. Wright uncovered documents showing that the Lugar's not only used a phony address for voting purposes, but they also used an address listing 3200 Highwoods Court, Indianapolis, when registering their vehicles. The Lugars have admittedly not lived at that address for over three decades.

One has to wonder what is going through Charlie White's mind when he sees the selective prosecution.

See copies of documents below. Click on to enlarge.

Copies of Return Envelopes

Here is one of the letters that Wright sent via certified mail today:

Copy of a letter sent to BMV by Greg Wright

Is Senator Lugar Using Phony Address for More than Voting?

2011-12-27T08:40:00.009-05:00

Is Senator Lugar using a phony address for more than voting?

Acting as a private citizen, Certified Fraud Examiner Greg Wright has collected additional documentation that will be provided to the Indiana Election Commission in follow-up to his earlier complaint that Senator Richard Lugar allegedly committed multiple acts of felony voter fraud.

To date, the Commission has not contacted Wright, nor have its members acted upon the complaint; however, Wright says he intends to Use Indiana code 3-6-4.1 to force the hands of its members. Indiana Law allows for private citizens to petition the Commission into action.

"If the Indiana Election Commission does not act, I plan to ask Tea Party members from across Indiana to help collect signatures to require the Governor to order the Commission to place the issue on its agenda," said Wright.

Wright is also raising new questions about a possible illegal vehicle registration for the Lugar's vehicle. According to a 2009 DUI arrest record for Lugar's wife, Charlene, an address of 3200 Highwood Ct., Indianapolis, Indiana was listed on the vehicle's registration documentation that was provided to the arresting officer.

Some are asking how it is possible for them to have Indiana drivers licenses with the Highwood address since they do not reside in the Hoosier state.

This address has also been used by the Lugars for voting purposes even though they have not resided at that location for over two decades.

In addition, a letter that was recently sent to the Lugars at the bogus address and returned as "undeliverable" will be offered as evidence to the Commission as well as the Indiana Bureau of Motor Vehicles.

Here are the records that were recently obtained by Wright:

2009 Arrest Record for Charlene Lugar

Did Lugar mislead the police by giving a bogus address?

Phony Address Used by Lugars Returned by USPS

Senator Lugar's Defense for Alleged Voter Fraud Flimsy As Certified Fraud Examiner Digs Deeper

2011-12-14T23:46:00.015-05:00

Fraud Investigator Greg Wright

It's been nearly two weeks since Certified Fraud Examiner and Indianapolis resident Greg Wright filed an Election Fraud and Accessibility Grievance Form with the Secretary of State asking if Senator and Mrs. Lugar had a "legal right" to vote from an address they no longer own. (See original story here.)

Wright has yet to receive a response from any public official regarding the complaint; however, he is continuing in his quest for accountability and plans to follow-up on his complaint and possibly add to it as soon as he receives additional records that he has requested from various state agencies.

To date, Wright has received a nearly 30-year-old letter, dated August 30, 1982, addressed to Senator Lugar and signed by former Indiana Attorney General Linley Pearson, which Lugar has reportedly used in defense of his actions. The letter was apparently in response to Lugar's inquiry about "what a person serving as a United States Senator from Indiana must do to maintain his residence, for voting purposes in Indiana."

After citing Article II, Section I of the Indiana Constitution, which states that "Every citizen of the United States, of the age of eighteen (18) years or more, who has been a resident of the precinct thirty (30) days immediately preceding such election, shall be entitled to vote in the precinct where he or she may reside," Pearson offered an informal opinion on Lugar's question of maintaining a legal residence in Indiana.

Dear Senator Lugar:

...It is obvious that a United States Senator for Indiana, or a United States Representative, in performing his or her duties in that capacity, is acting 'on business of this state or of the United States.' The constitutional and statutory provisions set out above make it clear that such a person's absence from the state, occasioned by his or her service in the United States Congress, does not cause such a person to lose whatever residence for voting purposes that person has established before his or her departure for Congress.

If such a person was entitled to vote in this state prior to departing for service in Congress, whatever residence that person possessed for voting purposes prior to such departure remains his or her residence. There is no requirement that such a person maintain a house, apartment, or any fixed physical location. Such a person's voting residence is completely protected by the Constitutional and statutory provisions set out above.

I am therefore of the opinion that a United States Senator from Indiana, or a member of the United States House of Representatives from Indiana, is to be deemed a resident, for voting purposes, of the precinct in which such person maintained his or her residence, and in which such person voted, prior to departing for service in the Congress of the United States.

So, what does Greg Wright think of this official response and does it really provide the protection that Lugar would like for us to believe it does?

"I've been told by an attorney that this 'opinion' is advisory and does not have any standing beyond what it might say," commented Wright.

Richard Lugar with Tricky Dick Nixon

"I see nothing in the Indiana Constitution or statutory law that says you can vote from an address at which you can't even say you have an intent to return to that address since you don't even own it or rent it, or have another close family member residing there. According to the current property owner, Senator Lugar has not legal interest in the property," said Wright.

"My understanding is that people serving in the military either vote from their military base, or they vote at their parents or spouse's residence back home, a place they can at least receive mail."

After consulting with expert attorneys, Wright is confident that his legal position is correct.

After reading the letter from former Attorney General Linley Pearson, I also came away with the perception that Pearson was basing his opinion on assumptions that the Lugars still had an interest in or a connection to the property from which they were registered to vote, which has absolutely not been the case for the past three decades. At the very least, I doubt Pearson would condone the fact that Lugar and his wife would continue to claim residence at a house they haven't owned in three decades.

Does Lugar's so-called exemption apply to his wife, who is not a U.S. Senator? She has also been claiming residence at the bogus address for the last thirty years.

Article II, Section 4 of the Constitution, as also noted in Pearson's letter to Lugar states that "No person shall be deemed to have lost his residence in the State by reason of his absence, either on business of this state or of the United States."

The Lugars didn't lose their residence because he held office as a U.S. Senator; they sold it, which means they had no legitimate reason to claim it for voting purposes. If Charlie White committed voter fraud, then why should Lugar get a free pass?

And what about Lugar's driver's license? Are he and his wife driving using Indiana or Virginia licenses? What addresses are they using at the BMV? Have they broken BMV laws too?

Those answers and the ramifications of such will be forthcoming. In the meantime, why is the media silent on Lugar's obvious dishonesty?

Will voters ultimately be forced to take up this legal issue since government officials seem to be shirking their duties? Could a 30-year-old vague and informal opinion eventually be trumped by the justices at the Indiana Supreme Court level? Time will tell.

I predict this story will not fade away anytime soon. If you don't believe me, just ask a guy named Charlie White.

Did Richard Lugar Really Think Voters Would Let Him Get By With This?

2011-12-07T19:54:00.000-05:00

***Used by permission***

http://www.knowlugar.com/Documents.html

A Message for Senator Richard Lugar

2011-12-07T19:49:00.003-05:00

**Used by permission**

http://www.knowlugar.com/

Dedicated to Senator Richard Lugar

2011-12-07T14:40:00.000-05:00

**Used with Permission***

Are Mainstream Media Reporters Being Intimidated From Reporting on Lugar's Alleged Voting Fraud?

2011-12-06T14:09:00.013-05:00

Lugar hasn't lived in this house for years and yet he swore under oath that he does.

Sometimes the story behind the story is more interesting than the story itself. Attorney and fellow blogger Paul Ogden touched on it recently in a post when he reported allegations that Barnes & Thornburg attorney Peter Rusthoven "went ballastic" during a meeting with a Fox59 reporter who had considered breaking the story that Senator Richard Lugar allegedly committed multiple counts of perjury and voter fraud. Ogden wrote that the reporter was so shaken by Rusthoven's outburst that she decided not to pursue the story further.

Also worth noting is the mysterious disappearance of a news story that was published via the Indianapolis Business Journal's website. According to a regular IBJ reader, the subject of Lugar's alleged voter fraud made recent headlines on the IBJ website; however, it was removed later the same day. One has to wonder if the political thugs had connections at the IBJ or if similar intimidation tactics were employed to secure its removal.

Apparently, the story that Lugar claimed via an Application for Absentee Ballot that he lived at 3200 Highwoods Court in Indianapolis is too much of a political hot potato for media elites who are sometimes mistakenly believed to be watchdogs for the people.

The real owner of the former Lugar home, Elizabeth Hughes, was surprised to hear that the senator and his wife were claiming occupancy of a home she had full ownership of and had lived in for years. Did anyone except for the fraud investigator think of contacting Ms. Hughes for a comment?

Why the news blackout? Are Lugar's political cronies ramping up their intimidation efforts in defense of the powerful senator? Based on numerous hits this blog received from around the country after the subject was first raised, there is certainly ample interest that Senator Lugar may have committed voter fraud and perjury.

To date, the only mainstream news publication reporting on the story is the Fort Wayne News Gazette. You can find the story at this link.

Ogden went on to report that Lugar admits that he doesn't live at the house.

"He stays in hotels when he comes back to Indiana. Yet when Lugar and his wife have voted, they continue to sign voter absentee and other forms UNDER OATH that they live at the Highwoods Court address. They are voting in the Wayne Township precinct that they haven't lived in in decades."

Ogden, an experienced attorney points out that there is no exception in perjury or voter fraud laws that would allow Lugar to continue these shady voting practices legally.

"As a result, Lugar and his wife have committed multiple acts of perjury and voter frauds, all felonies," wrote Ogden.

If Lugar supporters continue to claim that the senator did nothing wrong, then why are they afraid of airing the details publicly? Why would they go to such lengths as to allegedly intimidate a reporter from doing her job?

And why are media personnel allowing themselves to be intimidated? That may be an even bigger story waiting to be broken.

Until such time, bloggers will continue to take the bold lead in reporting what the public has a right to know while the mainstream media becomes even less significant to the masses.

For starters, take a look at Lugar's voter registration form and the formal complaint filed by Greg Wright against Lugar and his wife. Click on to enlarge.

Update: The National Journal has now reported on this story.

Breaking News: Election Fraud Complaint Filed Against Senator Richard Lugar

2011-12-02T09:23:00.012-05:00

Greg Wright

Greg Wright, an Indianapolis resident and Certified Fraud Examiner, filed a formal election fraud complaint with the Indiana Secretary of State on Wednesday against Senator Richard Lugar and his wife, Charlene Lugar.

Wright alleges that the senator and his wife may have committed multiple felonies for voting in a Marion county precinct, using an address for a home they reportedly do not own.

"It is my understanding that Senator Richard D. Lugar has voted using an 'absentee' ballot that used as his residence a home located at 3200 Highwoods Court, Indianapolis, Indiana 46222," noted Wright.

Wright contends the property "appears to be owned by Elizabeth Hughes" and deeded to David and Elizabeth Hughes in 1989 and quitclaimed from David Hughes to Elizabeth Hughes in 2003.

Wright claims he spoke with Elizabeth Hughes recently who reportedly told him that Senator Lugar "had not lived in the house for 33 years and had no ownership interest in the property."

"She appeared shocked that he used that address as his Indiana residence," wrote Wright while also noting that David and Elizabeth Hughes were also registered to vote using the same address.

Is Lugar above the law?

"Based on a published account, Senator Richard D. Lugar stays in a hotel when he visits Indiana," stated Wright. "Based on my understanding of the Indiana Bureau of Motor Vehicles regulations, and because of his age, it does not appear that Senator Richard D. Lugar could lawfully obtain an Indiana Operator Driver License."

Does he have a Virginia Operator Driver License?" asked Wright.

Wright describes himself as an "unofficial member of the Tea Party" and says says he was not asked by the Senator's political opponents to file the Election Fraud and Accessibility Grievance Form.

"No one has paid me. I am not a contributor to Richard Mourdock's campaign," Wright stated. "I did meet him once a few years ago shortly after he was first elected Indiana Treasurer."

"Many came to the U.S. to flee from the yoke of European nobility, or to flee from the enslavement enforced by descendents of conquistadores, or to flee fromt he arbitrary rules imposed by tribal bosses," commented Wright. "The ancestors of Tea Party members came to the U.S. because of the promise that all would be treated equally under the law," he continued.

"Unfortunately, today, we have a political class that behaves not unlike European royalty of the nineteenth century. The political class enjoys separate rules of conduct," he said.

Wright says he fears that the questions he raised with the Indiana Election Division will be "temporarily lost, delayed, or not acted upon."

"Will Senator and Mrs. Lugar receive the same treatment that would be given to common folks?" he asked.

"Will they be successful in their defense through the use of an esoteric phrase in the law that would only apply to them and someone else in this elite political class?"

Those all all fair questions, and it will be interesting to see if the law applies to Richard Lugar the same way it did to Charlie White.

The Roofing Controversy continues

2011-11-10T00:43:00.000-05:00

Check here for details.

Tremco Controversy Spreads to Oklahoma: School Districts Accused Of Wasting Tax Dollars

2011-11-08T18:16:00.000-05:00

School Districts Accused Of Wasting Tax Dollars: Every building has to have one, but some school districts may not follow the law when they put on a new roof. That's the accusation at the center of a special audit state auditor Gary Jones is conducting right now.

2011-11-08T18:11:00.000-05:00

Purdue Professor Warns of Danger: GMOs - PATHOGEN NEW TO SCIENCE.flv

2011-08-22T18:43:00.000-04:00

Tremco/AEPA No Bid Scheme Makes News In Maryland

2011-08-17T16:37:00.000-04:00

For those following the AEPA no bid roofing scheme:
http://schoolroofingscam.blogspot.com/

Guest Submission: Plymouth Citizens Express Outrage As Corruption Is Ignored by State and Local Officials

2011-06-23T16:40:00.000-04:00

As reported on previous blogs, two complaints were filed with the Indiana Supreme Court Disciplinary Commission against Plymouth officials.

On 5/12/11 a complaint was filed against Marshall County Prosecuting Attorney David Holmes for his denial of citizens’ right to petition their government for the redress of grievances. Holmes has repeatedly refused to investigate an alleged crime of computer tampering on a Plymouth High School computer on at least 10/4/2007, and possible other dates. Additionally, he has repeatedly refused to ever once discuss this alleged class D felony with the victims, to examine or discuss the professional computer analysis that indicates computer tampering by Plymouth public school officials, or to even examine the crime scene. Instead, he lied to the Indiana State Police and more recently to citizens. Recently he even repeatedly refused to accept a citizen’s certified, restricted letter that for all he knows could have contained information about a murder! But, Holmes chose to not even bother to open the envelope.

On 4/27/11 a complaint was filed against Plymouth attorney Ed Ruiz for his most unprofessional conduct in his vulgar denial of his legal opinion –an opinion Superintendent Dan Tyree had previously publicly stated on WTCA radio (on 4/31/11) was, in fact, available to citizens---yet Tyree immediately thereafter sought legal counsel (at public expense) to then refuse citizens this access. Tyree also lied on air that this legal opinion was written by an Indianapolis attorney, but later under duress revealed it was not written by an Indianapolis attorney, but by Ruiz. Lies, lies, and more lies.

Do note Ruiz’s legal opinion, later secretly provided by a courageous mole, was obviously falsified by Ruiz and Tyree: this legal opinion was dated 2/15/11 yet therein Ruiz referred to a blog that was not even published until 3/10/11! Also note that this 2/15/11 legal opinion also revealed Tyree had not been honest on WTCA when he asserted he would not seek a legal opinion from a Tremco attorney—“as he/ Tyree had integrity”! Yet Ruiz wrote that in fact PCS consulted with Ice Miller attorneys in Indianapolis about this Tremco roofing scandal. Fact: Ice Miller has a negative history of involvement with Tremco.

Tyree additionally made false implications to the IPA Counselor about this 2/15/11 legal opinion and its coverage of a non existent 3/10/11 blog. Are there any IPA laws about individuals lying to the IPA counselor? Lies, lies, and more lies.

Crimes are no doubt being committed in the Plymouth community. Where does a citizen go if the prosecutor without reason refuses to even investigate or prosecute substantiated crimes----especially when those crimes are allegedly committed by powerful public figures—even his friends? And Holmes falsely but willfully influences the Indiana State Police (Officers Don McKay/ Scott Schuh?) to also ignore such serious, far reaching violations of law by public officials!?!

What did the Indiana Supreme Court Disciplinary Commission (i.e. the sole Secretary Michael Witte) determine in regards to these serious citizen complaints against Attorney Ruiz and Prosecutor Holmes? Did Mr. Witte and the Commission decide to take any action to hold these two publicly retained attoneys accountable for their apparent "cover up" of escalating wrongs to the Plymouth educational community?

This unidentified publicly entrusted Commission through the sole determination of their secretary Witte decided that “ . . . these complaints did not raise a substantial question of misconduct that would warrant disciplinary action.”

Willfully ignoring an alleged Class D felony, a crime of computer tampering, and assisting in an alleged cover up of roofing laws by public school officials is not misconduct? Please, therefore, pray tell what constitutes misconduct?

The preamble of the Indiana Supreme Court Disciplinary Commission’s Rules of Conduct for Indiana attorneys states the following regarding attorneys’ responsibilities:

[1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. Whether or not engaging in the practice of law, lawyers should conduct themselves honorably. (Defined “respectably, with honor, properly”)

[5] A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others.

[7] Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation (Defined “good opinion, esteem, admiration) of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal professional and to exemplify the legal profession's ideals of public service.

[9] . .... (conflicts) must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer's obligation to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved . . . .

These two publicly entrusted Plymouth attorneys--David Holmes and Ed Ruiz-- have in my experience, as is fully documented, been dishonorable in their conduct, sought to intimidate citizens, refused to serve the public’s interest, been unprofessional, and disgustingly discourteous. It is firmly believed they have sought with Plymouth administrators to cover up a crime, as based on significant evidence. Yet, Secretary Witte finds their actions do not warrant disciplinary action. This is bizarre.This is frightening for the public welfare!

Can anyone in Indiana hold these “public servants” accountable? The question should better be stated, WILL anyone in public authority dare to hold these so-called public servants accountable for their actions that obviously fuel public corruption? Are you listening, Attorney General Zoeller? IDOE Chief Bennett? Governor Daniels? Your silence thus far shouts.

The Plymouth School board (Todd Samuelson, Larry Pinkerton, Frank Brubaker, Melissa Christiansen, Larry Holloway and former member Attorney Ron Gifford –now on house arrest) historically refuses to do so. As does everyone else in public authority from Governor Mitch Daniels, Indiana Attorney General Greg Zoeller, State School Superintendent Tony Bennett, Representative Nancy Dembowski, Senator Ed Charbonneau, etc,. etc., etc. Everyone thus far willfully chooses to pass the buck—though our Governor asserted in a State of the State address the buck stops at his office. Experience proves that is hogwash. The Plymouth School System is continually being corrupted by both local and state leaders who possess no moral courage or strength.

Mr. Witte states that his office has “ . . . no jurisdiction or authority to review the prosecuting attorney’s exercise of the very discretion that was entrusted to him by the voters.” So WHY does the Indiana Supreme Court Disciplinary Commission even exist?

Basically, Mr. Witte states if wrongs of our public leaders and their publicly retained attorneys--in this case an alleged CRIME--are ever going to be addressed it must be done by the voters. This opinion may sound "legal" but is in reality empty platitudes. Legally, Citizens can not bring crimes to court, they can only bring civil suits. Only the prosecutor can bring crimes to court for prosecution. BUT WHAT IF THE PROSECUTOR REFUSES--despite significant evidence, testimony, and professional analysis? Secretary Witte basically states the only recourse to bring this crime to justice in this case is to appeal to the voters, as he and everyone else in public authority refuses to address these alleged criminal acts/corruption against the Public's welfare!!! In reality, from what Mr. Witte states, if a crime is not addressed by the prosecutor it can only then be sought to be addressed by popular vote--if the media even dares to publicize that crime! As is the case in Plymouth, the local and state media consistently refuses “for fear of being sued” to ever unbiasedly print the facts of this public corruption at the hands of too powerful bureaucrats. ( And, what about the statute of limitations on a crime expiring before an election is held?)

And what if there are no truly honorable citizens of genuine integrity and intelligence who dare to enter the political process?

And what will happen to our communities if no one cares any more about right and wrong because they are resigned only the corrupt will rule? Think about that.

Lies, lies, and more lies. Who will dare to stand for Truth? And then dare to fight for it to be upheld?

Are Absences at Plymouth High School Connected to Black Mold?

2011-05-28T06:31:00.001-04:00

FROM ONE CONCERNED PARENT TO ANOTHER:

Look at the tiles in the P.H.S. gymnasium and possibly elsewhere in the building. Can you see black mold?

As a parent, I would like to know why/how did the problem begin? Did Superintendent Mr. Tyree contact OSHA for an inspection and help? Has he advised students, parents, staff, and the visiting public of a potential health risk for all? Does the lack of attention in this matter line up with the school system's publicly messaged image of creating a wellness plan for its students? Could those students Superintendent Tyree wants to prosecute for "truancy" be sick because of black mold?

WHAT ARE THE SIDE EFFECTS OF BLACK MOLD?

Stachybotrys chartarum, also known as black mold, is a fungus that thrives in damp, humid areas of buildings. Black mold moves quickly into duct work, wood and wallpaper. Black mold may be found in areas that have incurred water damage. Buildings with black mold are called "sick buildings" because of reoccurring illnesses of people who live or work in them.

Toxic Mold Exposure

Toxic mold is the term applied to several types of mold that can invade homes, commercial buildings, and schools, causing illness and triggering asthma. There are several types of mold that can cause illness, including:

Stachybotrys atra
Aspergillus
Chaetomium
Penicillium

The mold that has gained the most attention recently is stachybotrys atra, also known as black mold. Black mold has been linked to several adverse health conditions, including pain and inflammation of the mouth and throat, flu, recurring cold, fatigue, asthma, sinus infections, and brain damage.

Plymouth Insiders Say Black Mold Growing at Plymouth High School

2011-05-27T05:40:00.000-04:00

A note from an insider....

URGENT! Plymouth Community School Maintenance Director David Schoof---

PLEASE immediately check out the black mold still growing at Plymouth HIgh School! Our teachers students and teachers' health may be at serious risk!

"Some believe that certain molds (such as so-called "black mold") can cause a host of signs and symptoms such as fatigue, headache, nausea, fever, rashes and coughing ..." Mayo Clinic

"...for a number of practical and logical reasons, the possibility that some portion of any group exposed to molds will suffer adverse health effects can never be ruled out when mold is found growing in occupied areas. Given that there is considerable uncertainty about the health consequences of exposure to contaminants from indoor problems, it is recommended that any mold growing inside be regarded as a sign of a potential (current or future) health hazard that should be corrected properly as soon as possible." Environmental Structural Solutions

Plymouth Citizens afraid to be identified for fear of retribution from PCS administrators

Cheating ISTEP Teachers...Do They Get Sent to the Principal?

2011-05-23T16:37:00.001-04:00

The following was submitted by a Plymouth, Indiana citizen who asked not to be identified since there have been more allegations of death threats against those who are bold enough to speak out against corruption in their hometown.

“Merit Pay” for public school teachers will not be successful. Based on real-life experience, one too many judges (school administrators) of the teachers’ merits appear to be too susceptible to corruption to determine unprejudiced payments. Sadly, this is a fact of our sinful human nature. None of us can judge righteously except for Almighty God. All of us are inclined to being biased, influenced, and blind to sound reason.

As noted in the media, more than one Indiana teacher has committed serious ethical violations in ISTEP protocol, thus diminishing test results, cheating students, and causing THOUSANDS of public dollars to be wasted. IDOE Superintendent Tony Bennett has publicly stated these teachers COULD have their Indiana Teaching Licenses revoked---a punishment echoed by the ISTEP+ Program Manual.

No severe punishment being administered for these ISTEP violations negates the very future of ISTEP. If no severe consequences are enacted, few teachers would not be tempted or succumb to the pressure to positively influence their students’ ISTEP test results in order to increase their own merit pay . For example, if a student received a good grade by snitching a teacher’s answer sheet ahead of time, and the teacher learned of his theft and did nothing, more students will begin to covertly help themselves to future answer sheets. Because of enabling students' to cheat by permitting this act to pass without a severe consequence makes it hopeless for the teacher to ever teach students lessons about integrity—a foundation of any successful society.

According to the ISTEP+ Manual, there should be severe consequences for a teacher either knowingly or carelessly violating ISTEP protocol. The consequence should ALSO include superintendents, building administrators and even IDOE officials who “knowingly or carelessly” violated protocol by allowing teachers early access to test manuals or by publishing test questions in error on the internet that then showed up on the actual exam. If administrators either at the local or IDOE level have violated the protocol, then they should man up and take responsibility for their errors rather than blaming isolated teachers.

Necessary punishment for those responsible is not apparently happening in Plymouth, Indiana. PCS Superintendent Dan Tyree and his school board members did not even address this troubling issue at their 5/17/11 meeting. Instead, they approved the summer school contract for the teacher who reportedly “knowingly or carelessly” violated ISTEP protocol. She is reportedly back in the classroom after a paid suspension. The IDOE ISTEP+ Manual clearly declares these abuses of ISTEP protocol are most serious ethical violations. Yet, seemingly, no serious consequences were enacted. WHY??? Friendships? Political correctness?

The IDOE implies severe discipline is the responsibility of the local school, and the local school says it is the responsibility of the IDOE. Thus, the buck is passed back and forth, and the offender receives an unexpected paid vacation with a hand slap, while our students and entire educational community, including tax payers, suffer the consequences of these serious ISTEP violations.

This inequitable treatment is especially troublesome when other former PCS employees (believed to be about 20 in number)-- the past few years have been pressured to resign or been fired for minor or imagined infractions by the same Superintendent who now turns his head to this particular teacher’s serious wrong. These teachers-techies-coaches-custodians’ violations typically violated no PCS policy or any law, Unlike the still-employed female teacher who committed this far-reaching ISTEP violation, these prior PCS employees’ alleged infractions typically involved no students and cost taxpayers nothing--not even a paid vacation! Their wrong was to dare to question or disagree with the superintendent’s wishes. Public schools are to model democracy, not dictatorships, to our students. That is not happening in Plymouth.

Why would a teacher choose to cheat on ISTEP? Merit pay has a huge impact...Sadly, some school personnel chose to gain MERIT by believing they are bigger than the rules! All parents want their children to do their best. Should we not expect—even demand—the best from our children’s adult leaders? Of course! Should these teachers be sent to the principal? No, they should be sent home with no pay.

Plymouth Citizen Files Complaint Against Local Prosectuor With Supreme Court Disciplinary Commission After He Allegedly Shirks His Official Duties

2011-05-19T06:53:00.008-04:00

Apparently, if you're not one of the elite citizens in Plymouth, Indiana, justice does not apply and justice does not appear to be blind either, at least at the prosecutor's office. The following is a complaint that was filed against Prosecutor David R. Holmes with the Indiana Supreme Court Disciplinary Commission by concerned Plymouth citizens.

With a former school board member on house arrest, and media outlets who didn't find it newsworthy that a school board attorney resigned in disgrace last night, honest Plymouth citizens have no where to turn except to this forum where many are looking in disgust at the ugly corruption and waiting for someone to do something about it.

The following was written by Dare Hawes, a Plymouth community activist and favorite political target of a few elected and appointed leaders whose actions are being questioned by many:

The Supreme Court has stated that one of the most sacred rights citizens have is the right to petition (or appeal to) our government for the redress of (or remedy to) our grievances (or accusations).

As a citizen, we are shocked—and frightened-at how local Marshall County Prosecutor David R. Holmes, a publicly entrusted official, has willfully chosen to ignore this sacred right promised by our Constitution. The sad fact is Mr. Holmes has repeatedly, irresponsibly and unethically covered up and ignored citizens’ persistent cries of alleged criminal wrongs and obvious public corruption by our local school superintendents, as based on legitimate testimony and evidence.

As the Marshall County Prosecutor, Mr. Holmes’ willful choice to not investigate this alleged public crime of computer tampering (a class D felony), believed committed by public school administrators and covered up by both the Plymouth school board and Mr. Holmes—despite the preponderance of evidence and testimony-- is the primary cause of a recent complaint to the Indiana Supreme Court Disciplinary Commission. This alleged public crime is believed committed by public school administrators Dan Tyree and John Hill and willfully covered up by both the Plymouth school board (Todd Samuelson, Larry Pinkerton, Frank Brubaker, Melissa Christiansen, Larry Holloway---and former member (attorney) Ron Gifford who is presently under house arrest) and Mr. Holmes.

As is documented Mr. Holmes has persistently refused to investigate-as recently as 3/14/11-- an alleged criminal wrong committed by public school officials that occurred on October 4, 2007 (and possible other dates) on a Plymouth High School Computer. Testimony and evidence, and professional analysis of an incomplete record clearly indicates computer tampering on a scale of 10 at 9.5. There is no question that probable cause exists based on the testimony and evidence, but Mr. Holmes has absolutely refused to ever once meet with citizen complainants, or to investigate the crime scene. Instead, he willfully misrepresented facts to the State Police stating in his opinion there was nothing to investigate. Do know Holmes’ office staffers—who for obvious reasons do not wish to be identified-- joke that if you ever want to commit a crime, do it in Marshall County as you will never be prosecuted. Sad, but true.

As a result of Mr. Holmes’ willful negligence this alleged criminal act remains unresolved. Despite earnest appeals to the Governor on down to the local mayor, apparently no one has the power or authority—or the politically incorrect leadership-- to investigate this local crime other than Mr. Holmes. Local school administrators have spent well over $25,000 of public monies, seemingly covering up and protecting themselves rather than our school community.

We were advised to elect a new prosecutor to solve the problem. Mr. Holmes ran un-opposed.

Recently on March 14, 2011 at approximately 1:30 PM I met Mr. Holmes for the first time in the court house. I called his name to get his attention, graciously offered my hand and introduced myself. Witnesses were present. Mr. Holmes, a public servant elected by the People, was arrogantly rude. Without provocation of any kind, Mr. Holmes haughtily refused to shake my offered hand, and in violation of professional ethics lied to me about me. This is contemptible behavior for an attorney entrusted by the People to serve the People.

I was at the court house advocating for a minor who Mr. Holmes had brought charges against based on probable cause. This fact, coupled with his repeated, willful refusal to ever even investigate an unsolved criminal act allegedly committed by public school officials as based on probable cause, and his odious behavior upon first meeting me caused me to write yet another letter

to him in regards to the yet-to-be resolved computer tampering crime committed on public school property.

Given Mr. Holmes history of consistently ignoring citizens and willfully refusing to meet or speak with citizens regarding this serious public corruption, I again sent this letter directly to him—but this time I sent it certified and restricted delivery, as legally advised to do.

We never received one single response from our local prosecutor to our numerous good faith appeals regarding this suspected crime, as based on significant evidence and testimony. Not one response. This is reprehensible!

Mr. Holmes four times willfully refused this restricted-certified letter regarding an alleged crime. Four times. His office is two blocks from the USPO. What if this letter had been reporting a murder? Our local prosecutor willfully just shuts his eyes to criminal wrong doing---at least those alleged committed by his politically-correct “friends”--fueling further corrupt and criminal acts in our community.

It is our hope that the Supreme Court Disciplinary Commission will severely discipline Mr. Holmes for the welfare of the citizenry, as well as himself. The alleged public crime he has refused to investigate is like a cancer, fueling numerous other unjust actions by arrogant public school officials.

Dare Hawes et al

Plymouth School Attorney To Resign; Citizens Demand Answers and Action

2011-05-17T07:25:00.000-04:00

Dan Tyree

To: Plymouth Community School Board Members c/o Melissa Christian

CC: IAG Greg Zoeller c/o Staci Schneider; IDOE Superintendent Tony Bennett c/o Long, Bowman,

Langston

Re: Inconsistency of Board’s Biased Actions to the detriment of PCS personnel/ community

Date: May 17, 2011

From: Dare Hawes et al

Ed Ruiz’s resignation is on the board agenda for this evening’s meeting. Assumedly, this resignation is the result of Mr. Ruiz’s fully documented unprofessional, unethical conduct as documented in his email exchanges with a Plymouth school patron. Though regretful, such a resignation is only appropriate as based on the facts.

Most regretfully, based on the information made available to myself, you as the PCS board have accepted numerous other resignations of approximately twenty other former PCS staff members in the past four years, wherein these particular resignations were reportedly based on faulty even “trumped up” reasons by central administrators. Unlike Mr. Ruiz’s basis for dismissal, these reasons for pressured resignations or out right firings were reportedly unjust, biased and made by a few, too powerful central administrators (Dan Tyree and John Hill) for self-serving not student-serving reasons. According to the grievous testimony of these personally injured, hard –working, respected individuals—they have been forced out as part of an intentional effort to serve and protect only the self-interests of certain administrators---interests that reflect possible corruption in the administrative practices of this public school community.

The responsibility of these injurious injustices to former respected teachers, coaches, computer techies, and custodians lays squarely in your hands. You are ultimately responsible for the welfare of our school community, and the wrongs committed against these fellow citizens was possible only by your PCS board decisions . . . ..Twenty individuals. Twenty lives. Twenty homes that you have willfully devastated.

You are even more responsible for the willfully unresolved but blatant issue of Dan Tyree’s unprofessional, unethical, corrupt behaviors in—at the least-- his falsified, fully documented letter that he wrote on May 6, 2008. You as a board and as individuals have repeatedly and willfully chosen to ignore these persistent., significantly substantiated allegations of--at the very least-- professional misconduct that were consistently and properly brought to you privately; and then because of your repeated refusal to respond responsibly—these citizens’ valid complaints were forced to be brought to you publicly. You willfully chose to let citizens’ validated public requests for an investigation of Mr. Tyree’s despicable conduct regarding pornography die for lack of a motion, while you then immediately thereafter with adulation rolled over his contract. This indeed was bizarre, irrational conduct by yourselves.

PCS Superintendent Dan Tyree’s contemptible fully documented actions of accessing, selecting, and then printing approximately 304 pages of 8 x 10” color pornography on OUR public school computers, using public school paper, on public school time, with the assistance of a public school female secretary is most despicable behavior of a most public role model for our children and community—especially when these conniving actions were perpetuated in an effort to further falsely accuse another individual. John Oliver wrote Dan Tyree “You are the highest public profile figure in Marshall County. The rules are different for you.” Mr. Oliver is right. The rules should be higher and stricter for publicly entrusted leaders . . . ..especially to those to whom we entrust our children.

How come, dear PCS board members, have you as individuals consistently and willfully chosen to ignore these glaring unethical behaviors of our school superintendent, while you choose blindly and consistently to endorse continued wrongs on (now-former) PCS employees who have faithfully served our school community honorably-- by forcing their resignations solely at the command of one who has not proven to be trustworthy? Tonight, please do the right thing for our community. Address this corruption or resign.

And please note, state offiicals have been no more responsible than you thus far in addressing these disturbing issues in our public schools--to the harm of all our public welfare. You all should be ashamed of yourselves.

FYI this appeal is being sent to concerned citizens via Mrs. Vice’s blog due to your historical chosen silence to citizens’ justified pleas, and since our local small-town paper and radio appear by their actions to be blindly biased.

With all due respect,

Dare Hawes et al

Guest Column: John Oliver's Threats to A Private Citizen

2011-05-13T16:23:00.003-04:00

In response to my May 8th blog outing John Oliver in the Plymouth corruption mess, more "bullying" has come to light. He is particularly interested in silencing citizen Dare Hawes, and continues to slander her in the process. It seems Mr. Oliver is threatened by Mrs. Hawes' quiet but persistent effort to hold school administrators accountable to follow the law for the welfare of her community. I have read some of Mr. Oliver's previous letters to Mrs. Hawes over the years--each of the same degree of mental capacity. Their most recent exchange reveals both Mr. Oliver's and Mrs. Hawes' true character.

In a certified letter sent by John Oliver to Dare Hawes dated May 3, 2011 he said:

"Dare, despite my demand that you cease using me in your conspiracy theories you continue to do so.

This is my last demand before I take more assertive action. Be assured if you include me in ANY furture rumor, theory or other concoction to advance your hatred and hypocrisy I will do all in my power to stop your vicious attempts to smear my name and character.

Stop. Now."

John J. Oliver

Mrs. Hawes has shared that she recalls no demands made by Mr. Oliver and that his concern about any so-called "conspiracy theory" is bizarre. Does Mr. Oliver care to explain himself? Professionally, and as a gentleman?

Hawes' immediate, gracious response to his letter follows:

Dear John:

Thank you for your threatening letter received today--it provided some welcome information. However, would you please provide evidence of my using you in "conspiracy theories" ---as I have no clue to what you are emotionally referring. I deal in facts and documentation, John. Other than repeating what numerous other citizens have often stated, and what is a common belief in the community, that you "own the paper and the radio station" --and exercise great power and influence over folks who give you that power, what have I in fact said that is "hateful and full of hypocrisy" or part of a conspiracy theory? I would sincerely like to know from documented evidence. If I am proven guility of such actions/ words---I will sincerely publicly apologize to you. If instead you are simply ruffled because I have said things that you do not like to hear or that you disagree with, or frighten you---or that you don't wish other folks to know--that is your problem not mine.

FYI--as to the local paper and radio being influenced, I just learned to day--as is fully documented-- that most if not all emails I have ever sent to Kathy Bottoroff (WTCA radio) or the Pilot News via Carol Anders, have been sent straight to Dan (Tyree--PCS Superintendent), and I thus assume made available to you. Your emails to Dan have been most revealing, I might add. Disturbing might be a better word.

Seeking only to do the hard right rather than the easy wrong for our community in these two specific educational issues--alleged computer tampering and roofing scams---an endeavor which I wish you would join me on rather than oppose......

Most sincerely,

Dare

U. S. Granules CEO Threatens Private Citizens With "Silver Bullet" While Insulting Others in Emails to Superintendent Dan Tyree

2011-05-08T07:53:00.021-04:00

John J. Oliver, Sr.

Small towns sometimes breed the biggest bullies, and some Plymouth residents say those bullies are spoiling their quaint, little hometown.

I've been told that one such bully is John J. Oliver, Sr., President of U.S. Granules, located in Plymouth, Indiana. Oliver is also a good friend of another purported town bully, Plymouth School Superintendent Dan Tyree. I've also been told that the town bullies love to wield their perceived power around town and that Oliver is very generous with his money when it comes to doling it out to friends and political allies.

I had no reason to doubt these reports since they came from several individuals over the past few weeks, but the real proof for me came in the form of emails that I finally received this week after making a public records request well over a month ago.

On March 12, 2011, an email exchange was initiated by WTCA radio personnel to John Oliver, which was forwarded to Dan Tyree with this note by Oliver.

"Anything you want me to talk about before you appear on the show on the 31st?, asked Oliver. "By the way, John Stone is a certified asshole!"

[Stone is a private citizen in Plymouth who had the audacity to raise questions about the roofing controversy. Don't folks in Plymouth know they should fork over their tax dollars and never ask questions as to how those dollars are spent?! Maybe John Stone should talk to a good lawyer.]

"Yes, I will get you some information," replied Tyree.

A couple days later, on March 14, 2011, Tyree wrote to WTCA radio personnel about the roofing controversy:

"I talked with Jennifer Houin last night and gave her the bids for the materials in question. We took the best bid and she knows that now. The Blog is comparing a lesser quality product. I will have this all ready to lay out for folks on the show after break. I just wanted to keep you in the loop. Is there anyone else I should touch base with. I'm not calling John Stone. He doesn't listen to logic. His wife is a different story. She's pretty smart."

Perhaps what Tyree is really saying is that John doesn't listen to lies since a comparison of roofing materials that were purchased by Tyree would reveal that all are equally comparable products, and in some cases, exact products manufactured at the same plant! Sounds like John Stone is a pretty smart guy to question the foolish actions of Tyree and the boys.

I can't say the same about the media personnel in Plymouth since they served more as cheerleaders for Tyree rather than independent, unbiased journalists. In fact, the radio and newspaper personnel involved in this story should be embarrassed and ashamed by their lack of professionalism.

Here's a reply from WTCA@am1050.com to Tyree:

"Sounds great. I was shocked when I saw it, believe it or not, three people sent this to me. I was surprised by those who are believing this."

Looks like the news gal already had her mind made up and it is obvious she wasn't going to be bothered with any facts. I think the people of Plymouth deserve better than this.

Oh, and by the way, I doubt the folks at Johns Manville, a Fortune 500 Company owned by Berkshire Hathaway, are taking too kindly to Tyree calling their products "lesser quality." Had Tyree purchased roofing materials from Manville, Carlisle, or Firestone, taxpayers could have saved approximately $300,000! This was discovered after making an apples to apples comparison. No amount of spinning the truth will change those facts.

Tyree consulted with John J. Oliver, Sr. again on April 5, 2011. During the email exchange, Tyree wrote, "I made the decision this weekend that I will no longer write a reaction to anything on my Blog or hers. What are your thoughts about ending comments on my Blog this Friday since the comments have strayed to other subjects?"

Oliver responds with vulgarities and a very chilling offer:

"I tend to agree with Sarah, DH and DV are trolls and need to be fed. Cut off their nourishment and they're left to hump each other. The very thought nauseates," wrote Oliver.

Oliver continues, "I applaud your ability to think beyond your instincts. Stick with Sargent Friday's dictum...Just the facts, Ma'am...and let the rest have at it. You're the highest public profile figure in Marshall County. The rules are different for you. There are times when Sammy [presumably Todd Samuelson] frustrates me but he is a good study for how to avoid public skirmishes. My fear for him is that he decides to say F*ck It"."

"If you have any silver bullet you want fired, let me know if/how I can help."

Since DH and DV obviously refer to Dare Hawes and myself, I take this chilling statement seriously. I consider it a threat, and it has been reported to the proper authorities.

Oliver has since sent Dare Hawes a certified letter that includes veiled threats against her if she does not cease and desist speaking out against what she believes is corrupt activity in her town. The way she has been treated by town officials is reprehensible.

Dare Hawes, and anyone else for that matter, has a right to petition the government for a redress of grievances without fear of being harassed, bullied, or threatened.

The fact that the Marhsall County prosecutor and school officials have blocked her ability to do so is a blatant violation of her sacred Constitutional rights. Returning letters of grievances without reading them and blocking email access for one individual should not be tolerated.

If anyone has grounds to sue it would be Dare Hawes for the despicable way she has been slandered, harassed, and intimidated by a few town bullies! I've given her the name of a good attorney, and I hope that she considers suing for justice.

Both Oliver and Tyree should be investigated for intimidation and harassment.

Mr. Oliver, you remind me of Mr. Potter's nasty character in the movie, "It's a Wonderful Life." You can take your silver bullet and your bloated British ego and shove it, because I will not tolerate your attempts at intimidation, which have been construed by those on the receiving end as criminal actions. You and your buddy Dan may want to brush up on Indiana's laws concerning harassment and intimidation. I'll make it easy for you. Click this.

And furthermore, I wonder how your customers at U.S. Granules would react to your nasty, crass, and threatening emails?

This is not England, Mr. Oliver. You live in America, and we threw King George and his tyrannical attitude out over 200 years ago.

You might think you're a big fish in a little pond, Mr. Oliver, but there are much bigger fish in much bigger ponds who read this blog. Everyday.

There's one thing your money cannot buy, Mr. Oliver, and that is respect. I am one of many who have no respect whatsoever for you or what you stand for.

And to the good people of Plymouth, Indiana: Don't you think it's about time you stood up to the bullies and take your town back from those who have tarnished its image?

Barnes & Thornburg Attorney, Jeff Qualkinbush, Finds Himself Embroiled in Tremco Roofing Controversy....Again!

2011-05-07T08:18:00.004-04:00

Jeff Qualkinbush

I guess Barnes & Thornburg Attorney, Jeff Qualkinbush, didn't learn his lesson after he gave faulty legal advice to the Wilson Education Center in the Tremco-AEPA no-bid debacle that resulted in his being fired by the ESC as well as the ultimate demise of the no-bid scheme after the Attorney General issued his official opinion that it is illegal to circumvent state bidding laws.

Imagine my surprise when I read the following email dated February 10, 2011 written by Qualkinbush to Plymouth's Assistant Superintendent Rodger Smith:

As Doug Copley stated, I have reviewed the relevant law and facts at the request of Tremco and believe the purchase of the roofing materials for the three school facilities are permitted to be purchased from Tremco under the prices offered in its contract with the General Services Administration in accordance with the provisions of Indiana code Title 5, Article 22, Chapter 10, Section 14, as amended. Accordingly, please find attached to this e-mail in pdf the full packet of materials I believe support the use of this special purchase exception along with the recommended written document that Mr. Schoof, as the purchasing agent for the School Corporation would date, sign and keep on file. I have also attached this same written document in Word to this e-mail in case you wish to print a cleaner copy for his signature. I would be happy to discuss this matter with you tomorrow or early next week if you have any questions or concerns regarding this matter. However, I am unable to do so today as I will be in several meetings beginning in just a few minutes for the remainder of the day. Thank you for your cooperation and have a great day.

Jeffrey J. Qualkinbush, Esquire
Barnes & Thornburg LLP
11 South Meridian Street
Indianapolis, IN 36204

Where do I begin? First of all, this is a Tremco attorney, so there is an apparent conflict-of-interest for school officials to be receiving advice from him on this highly controversial matter.

Secondly, Qualkinbush is flat wrong....AGAIN...just like he was wrong when he told his multiple clients that it was legal to circumvent bidding laws via Educational Service Centers. The State Board of Accounts has issued multiple citations against school corporations for following Qualkinbush's advice, and the Attorney General issued an official opinion in 2008 stating that it was illegal for schools to do the types of things that Qualkinbush gave his clients the green light to do. In the end, Qualkinbush was fired by the Wilson Education Center after the entire no-bid scheme went down in flames.

The law Qualkinbush cites is not a license for school districts to circumvent the state's strict bidding laws. It reads that "A purchasing agent may make a purchase from a person when the purchasing agent determines in writing that (1) supplies can be purchased from the person or the person's authorized representative at prices equal to or less than the prices stipulated in current federal supply service schedules established by the federal General Services Administration; and (2) it is advantageous to the governmental body's interest in efficiency and economy."

This in no way allows schools to circumvent bidding laws, and more importantly, the Plymouth School District has not received any product for equal or less price. In fact, the school district spent approximately $400,000 for equal materials that could have been purchased for $100,000.

Plymouth taxpayers have been scammed by some of the same schemers who were involved in the first go around, only this time their excuses are even flimsier.

I'd invite Mr. Qualkinbush to refresh his memory by reading this lengthy audit report that resulted after he gave out faulty legal advice in the AEPA/Tremco no-bid scheme. I'd invite Plymouth taxpayers to read through the report as well since it provides an overview of Indiana's bidding laws that were ignored by Plymouth school officials.

Federal Stimulus Money Used for Plymouth Roofing Projects...An Opening for a Federal Investigation?

2011-05-05T14:45:00.004-04:00

Taxpayers have been told over the years that it would take a federal link for the FBI to get involved in investigating the no-bid roofing controversies in Indiana. It appears that an opening exists for such an investigation as federal stimulus monies were used to secure roofing projects at the Plymouth school district that have recently come under fire by taxpayers.

Here's an email dated August 3, 2010 written by Rodger Smith to Tremco's Doug Copley. Now, why would Smith feel the need to announce the fact that Plymouth received $4.175 million dollars for roofing projects to a Tremco rep? This tells me the process was not fair from the beginning. These emails are priceless and will no doubt be used as evidence if taxpayers decide to sue the school district.

To: Rodger Smith, Plymouth
From Doug Copley, Tremco
Date: August 3, 2010
Re: Funding

Hi Rodger -
I can't believe how fast summer is going-although it will be good to get rid of our boys and send them back to college...
I'm sitting down in Kokomo, at Western Schools, and heard that they received the $2.0 mil this morning. I was just curious as to when you expect to find out?
Talk to you soon.

Doug
To: Doug Copley, Tremco
From: Rodger Smith, Plymouth
Date: August 3, 2010

Doug,
I just looked it up on the website, we got $4.175m, the amount we requested.
Rodger

To: Rodger Smith, Plymouth
From: Doug Copley, Tremco
Date: August 3, 2010

Awesome news!

To: Rodger Smith, Plymouth
From Doug Copley, Tremco
Date: August 3, 2010
Re: Funding

To: Doug Copley
From: Rodger Smith, Plymouth
Date: August 4, 2010
re: Funding

I don't know if I had ever shown you the attached, this is the summary of projects that I requested for the QSCB. Roofing is about $2.5m or 60% of the $4.2m. We have already completed some of this work with this summers projects, so, we'll want to start talking about what is next in line for roofing or where I can shift some of the money that was designated to roofing for some other use (I knew you wouldn't want to hear that!).

We are going to be setting up a meeting of the principal players in our project; architect, engineer, financial advisor, bond counsel. With Tremco being such a big part of the project we may need to have you in on that meeting. As you know these $ come with federal strings attached.

See you tomorrow.

Rodger.

Reply from Copley on August 4, 2010:

Perfect. I don't know Dan very well and would appreciate the time with the three of you guys.

Doug

Reply from Rodger dated August 4, 2010:

Sounds good. I'll line up Dan Tyree and Dave Schoof to go along if that's OK?

Reply from Doug dated August 4, 2010:

That sounds good. How about if I pick you up at 11:30?

Questionable Emails Cast Shadow on Plymouth Roofing Projects

2011-05-05T14:26:00.004-04:00

Here are more email exchanges between Tremco's Doug Copley and Plymouth School officials from last summer. The emails speak for themselves. The conflict-of-interests are blaring, and the fact that the plans had been in the works for two years is unbelievable! So much for a fair process! The fact that a Tremco rep is offering help with the financial planning for roof projects should raise big red flags for taxpayers!

August 4, 2010
From: Doug Copley (Tremco)
To: Rodger Smith, Plymouth Schools

Hi Rodger-

Thanks for a copy of the paperwork. I appreciate your cc'ng me in as it is both interesting and helpful.

I'd love to be involved with the planning team. You are exactly right with the point that roofing is a big part of the project and thus should have representation. Also, since we've been planning for this for nearly two years, I can easily help you move the portion of the funds that were used on roofing, this summer, over to another project.

With this, I appreciate all of your support and look forward to seeing you guys tomorrow!

Doug Copley

Here's an interesting one that warrants further investigation. Indiana law requires school districts to employ independent architects to design a project. The fact that the roofing company is involved in securing an architect should raise giant red flags!! Taxpayers should demand a full accounting of this smelly process. It really stinks to high heaven!

August 23, 2010
To: Rodger Smith
From: Doug Copley, Tremco

Hi Rodger-

I hope you had a good weekend!

I wanted to let you know that two of the local AIA's who previously signed up for the reduced (roof) fee structure are CSA Architects and Design Collaborative. CSA has done a significant amount of AEPA work and are extremely qualified in roofing. In turn, Design Collaborative is also very good. In my opinion, either firm would do a good job. I'm sure there are other AIA's who will accept the reduced fee structure, but it will take me a little while to double check.

I spoke to CSA on Saturday and they confirmed that the fee for the Plymouth roof project would be $11,000. Based on the size and scope of the project, I'm very pleased with the amount.

Please let me know if Jane or Kurt have any questions and I appreciate you letting me sit in on the conference call!

Doug

Well, Jane and Kurt may not have had any questions, but I sure do. If Tremco helped write the specs as indicated in earlier emails, what services did the architect provide for $11,000? Did he stamp a project that he did not write specs for? I think those are valid questions. Would you mind answering them, Doug? We're all ears. Oh, and by the way, for those new to this issue, the AEPA that was mentioned stands for Association of Educational Purchasing Agencies. It was the mechanism used to rip off taxpayers by Educational Service Centers until the Attorney General put a stop to the illegal practice.

To: Doug Copley, Tremco
From: Rodger Smith, Plymouth
Date: August 17, 2010

Doug,
Your ears must have been burning, I was going to call you today. The telephone conference will be at 1PM on Thursday. Do you want to join us here or I can send you the conference call info to call in?
Rodger

Reply:
Hi Rodger-
I hope school is off to a good start!
I wanted to check in with you to see if you've decided on a date for the (construction) project committee?
Thanks Rodger and I'll talk to you soon.
Doug Copley

To: D Schoof, Plymouth
From: Doug Copley
Date: September 2, 2010

Hi Dave-
I just wanted to let you know that a few guys (and me) will need to be on the High School, Middle School and Jefferson roofs tomorrow. I'll check in at each place, but I wanted to give you a heads up.

Let me know if you have time to grab some lunch. I'd like you to meet one of the guys (Rick Gibson) if at all possible. Rodger knows him and he's a good guy.

Thanks Dave!

Doug

To: Rodger Smith
From: Doug Copley, Tremco
Date: September 8, 2010

Hi Rodger-
I wanted to see if you'd have a few minutes to grab a sandwich? We performed the infrared (thermography) last night at Lincoln and PHS and I wanted to update you on the good news.

Thanks!
Doug

More emails to come as time permits...

Plymouth School Officials Engaged in Behind-the-Scenes Activity With Tremco Rep. Was an open bid process compromised?

2011-05-04T10:12:00.004-04:00

Dan Tyree

Taxpayers are wondering if the bid process for school roof jobs at Plymouth Schools was really open and honest since eyebrow raising emails were disclosed after this blogger made a public access request for the public records.

The first email was written on August 23, 2010. Doug Copley, a Tremco sales rep wrote to Dave Schoof and Rodger Smith of Plymouth Schools:

Hi Dave-

I hope you had a nice weekend! I guess they're all good!

Per our conversation, attached you will find the federal Davis Bacon wage scale for Marshall County. I'd be happy to sit down with you in order to help develop the same style specifications that we'll be using on the roofing end. We use a "master spec" format which is very easy for contractors to use and a tool that will help you receive, qualified, apples to apples bids.

Please let me know if you'd like to work together on this.

Thanks Dave!

Doug Copley
Tremco, Incorporated

Don't you think it's inappropriate for a Tremco rep to "help" develop specifications? Is it legal? Is it any wonder Tremco got the work? Is it any wonder that Indiana roofing manufacturers are complaining about being shut out of the competition? Oh, but there's more....lots more....

Doug Copley (Tremco) to Rodger Smith (Plymouth Schools) on October 27, 2010:

Hi Rodger-

I hope you're doing well! It sure is starting to feel like fall, doesn't it? Fall's not bad, it's just that nasty season that follows really stinks!

I wanted to see if you wanted to have a roof update meeting? I have some pretty solid data regarding how much we'll be able to save and wondered if you wanted to talk about it prior to the 11-18 meeting? I could do lunch Tuesday if you'd have a few minutes?

Thanks Rodger!

Doug Copley, Tremco

Doug Copley Tremco to Dave Schoof on November 28, 2010:

Hi Dave-

Hope you had a great turkey day! It was nice to see ND get a road win over USC.

I wanted to see if you'd have time to meet to go over the spec? I'd like to help with your portion.

Thanks

Doug Copley, Tremco

Now, I just bet that Doug would like to help with the spec that he wants to bid on, but how ethical would that be? School officials apparently aren't letting a little thing like ethics get in the way of their tax and spend spree.

Here's an interesting email exchange between Rodger Smith and Tremco's Doug Copley dated January 20, 2011. I'm assuming the Mr. Palmer that is referenced is a sales rep for Tremco competitor, Johns Manville. Copley also lists a phone number for a Lawmaster rep. Lawmaster is Tremco's subcontractor who was recently awarded the roof work for Plymouth Schools. Looks like tangled webs were being spun back in January.

"Hi Rodger-

Glad to hear the IT issues are squared away! I'm not exactly "Mr Techy" thus I'm happy to hear it was an issue with your server (as opposed to a virus or problem with my computer). Needless to say, computers are great when they work!

Per our conversation, attached you will find the revised "Mr. Palmer Feedback". Please let me know if you have any additional questions.

Lee Anglin's (Lawmasters) number is 574-320-5653.

Thanks Rodger!

Doug Copley

Here's another email from Copley wherein he discusses running over budget on the High School project. That's interesting since it hadn't even been put out for public bid yet.

Good Morning Rodger

It sure feels like fall this morning, eh...My windshield was completely frosted over...lovely.

While preparing for Thursday night's meeting, a question arose. I'm wondering if we run a little over on the HS project, but under on Lincoln and Jefferson, will we be ok? I wasn't exactly sure if we need to stick to the numbers, originally designated for each building, or if we simply need to be under the total number? Lastly, what time would you like me to arrive on Thursday?

Thanks Rodger!

Doug Copley, Tremco

Reply from Smith to Copley:

Doug,
A little over or under won't be a problem. We will need to stick to the over all total, but we will have the contingency funds that were budgeted for much higher design costs.
The meeting starts at 7:00 PM, the hearing will be later in the agenda so just plan to be here shortly before 7. Remember we want the info to be short and sweet. You and Dave will handle the project. Technically the hearing is only about PHS but answering questions about any roof is OK.
Rodger

This is part I in a series. The emails to come are even more revealing! Just wait until you hear who the Indy attorney was that said this was legal. Hint: He was the same attorney who advised Tremco and the Wilson Education Center that the AEPA/ESC no-bid scheme was legal, and the same one who was paid handsomely by Tremco. How do you spell conflict-of-interest?

Find out which prominent Plymouth citizen has been advising Tyree behind the scenes and what has he been saying about others that he might not want them to hear? Who did he threaten with a "silver bullet?"

Find out who helped Plymouth School officials apply for federal stimulus money to be used for the overpriced roofs.

Which former Plymouth School Superintendent was sent by Dan Tyree on a mission to dig up dirt on this blogger and what did he report back?

It's news you won't get anywhere else, especially since the emails also reveal that Plymouth media personnel are also in league with school officials behind the scenes. There's scandal after scandal just waiting to be reported. It's too bad Plymouth citizens can't count on their local media to print the truth.

Citizens of Plymouth may want to Google search the term, "Qui Tam." I hear there's talk of filing one against your school district soon.

Leaked Legal Memo Reveals Plymouth Schools Violated Bidding Laws, Raises Questions of Possible Cover-Up

2011-04-30T08:35:00.003-04:00

Dan Tyree

Remember the alleged legal opinion that Plymouth School Superintendent Dan Tyree claimed to have obtained from an Indianapolis attorney stating that school officials complied with legal requirements when they purchased $400,000 worth of roofing materials without going through a required bid process?

You know, the one that a private citizen asked for and was told to "kiss off" by school board attorney Ed Ruiz after he told her "don't fucking preach to me." He's also the same attorney who told her she would not receive the letter because it was protected by attorney-client privilege.

That so-called privilege doesn't matter anymore, because the letter has been leaked to the public. It's no wonder Ed and the boys didn't want the letter released. It's quite revealing. The letter, dated February 15, 2011, speaks about concerns I raised on my blog, which raises serious questions since I posted my first story on the Plymouth controversy about a month after the date the letter was supposedly drafted.

Some taxpayers are speculating whether officials may have engaged in a cover-up to hide the fact that they violated state bidding laws when they purchased $400,000 worth of roofing materials that could have been purchased for about $100,000. In addition to the date discrepancy, Superintendent Dan Tyree has changed his story about the controversial purchase to this blogger, stating that he made a mistake when he first discussed how the purchase was made.

Ruiz's letter states, "It is my opinion that the Plymouth Community School Corporation is in full compliance with the statutory requirements to procure materials valued under $150,000.00 via requests for proposals. It is also my opinion that the law clearly supports the practice of bidding out the three schools separately rather than requiring all three schools be lumped together as one single project."

Now, there's a hefty admission, folks, since it reveals the fact that school officials are now trying to break the purchase up into three separate invoices in order to circumvent public bidding laws. The only problem with this is the fact that two of the projects exceed the $150,000.00 no-bid limit, which Ruiz readily admits.

"The amounts in excess of $150,000.00 were not substantial," wrote Ruiz. "Had the proposals come in at $175,000.00, for example, I would have advised to redo the process and request bids. However they exceeded the $150,000.00 mark by only two to three thousand dollars."

I hope Ruiz didn't charge taxpayers for this flawed legal advice since he knows full well that the law doesn't allow for overages in any amount.

The overages also aren't as small as Ruiz claims. Materials for the Plymouth High School totaled $159,586.95 while the total for the Lincoln Middle School project amounts to $163,752.50. Perhaps Ed Ruiz should take a couple of refresher courses in legal ethics and Math since none of this is acceptable to taxpayers.

Ruiz also claims to have spoken with legal staff at Ice Miller to obtain a second opinion.

"As you recall, this is the firm that prepared the lion's share of the paperwork involved in this project," wrote Ruiz.

I would advise Plymouth taxpayers to make a request for this "paperwork" since Ice Miller knows full well of the controversies surrounding this no-bid process as they were involved as Tremco's attorneys when it received full public scrutiny a few years ago.

Perhaps the most laughable advice provided by Ruiz was when he stated that "Ms. Vice has successfully campaigned with the Attorney General's Office in Indianapolis to either investigate or audit other school corporation projects and question expenditures. It does not appear she has had much, if any success."

Really, Mr. Ruiz? You don't call the 2008 official opinion of the Attorney General a success? That opinion stated that it was illegal to circumvent the public bid process when it comes to school roof jobs.

What are you really saying, Mr. Ruiz? Are you saying that since no one was punished for the crimes they committed, it's okay to circumvent the bid process?

Ruiz also wrote that I lacked legal standing to file a lawsuit against the school district, but that I could convince local citizens "to undertake this task and expense."

That's already being discussed, Mr. Ruiz, but I didn't have to encourage it.

Ruiz was dead wrong when he wrote that I had "no history of going this far against any school corporation." Wrong again, Mr. Ruiz. I sued my school district for violating bidding laws, and you can bet they will never forget what they went through for breaking the law.

Ruiz closes the letter by saying that "At no time, to my knowledge, did anyone stand up and contest this project. Therefore, I believe any person who now would come forward to challenge this project has already waived their right to do so."

Wrong again, Mr. Ruiz. I warned your superintendent about the illegality of entering into a no-bid contract of this nature in plenty of time for him to change course, and I have the emails to prove it. I'll gladly provide them as evidence to any Plymouth taxpayer who would like to mount a challenge to the laws that have clearly been broken and the hundreds of thousands of tax dollars that were foolishly wasted.

Plymouth taxpayers likely can't count on their local prosecutor to investigate this matter since he has already blocked one citizen from exercising her constitutional right to petition her government for a redress of grievances. I've been told that this same citizen has also been blocked from petitioning school officials for a redress of grievances as well. I guess they respect the constitution about as much as they do your tax dollars.

It's time for a federal investigation, don't you think?

Here's the letter that Ruiz and the boys didn't want you to see. Click on to enlarge.

North Central High School Arrested for Bringing Handgun to School

2011-04-27T08:16:00.001-04:00

A sixteen year old student was arrested yesterday at North Central High School for bringing a loaded handgun to school. School officials found a gun in the student's book bag along with five bullets in the magazine clip and one bullet in his pocket.

Guest Submission: The Plymouth School Saga Continues as School Board Attorney Behaves Dishonorably Toward Citizen

2011-04-25T20:50:00.005-04:00

Dan Tyree

The following was submitted by Plymouth citizen, Dare Hawes, in response to questionable activity by Plymouth School Corporation officials. In addition, Edward Ruiz, a school board attorney wrote the following to Dare Hawes in response to a recent inquiry into matters relating to an alleged legal opinion that Superintendent Dan Tyree claimed to have obtained from an Indianapolis attorney. This unprofessional outburst from an attorney should not be tolerated by Plymouth citizens or the Indiana Supreme Court Disciplinary Commission.

Ed Ruiz to Dare Hawes: "God and I are cool. Don't fucking preach to me. I don't need your assistance there."

By Dare Hawes

Plymouth Superintendent Dan Tyree publicly stated that an Indianapolis attorney wrote a legal opinion that asserted Tyree had done nothing illegal and everything was above board in regards to the controversial roofing project. Tyree also stated that all these related documents were available for public review.

Under Indiana Public Access Law a citizen then requested Tyree to:

“Please identify that attorney, and send copies of both his legal opinion and a copy of the invoice for his specific services.” (Sent: Thursday, April 14, 2011 3:39 PM)

Tyree responded on Sunday, April 17, 2011 4:01 PM:

“The letter you requested is protected by attorney client privilege. There was no invoice for services.”

The citizen responded:

“Please send the name of this attorney who has advised you on the roofing project and his contact information so that we can thank him personally for his free services to our school system!.... This is my 2^nd official written request under IPA.” (Sent: Monday, April 18, 2011 1:00 PM)

Tyree then admitted the attorney was not from Indianapolis, as he had falsely stated to the public.

“The attorney who did the research and who provided our board with the opinion was our board attorney, Mr. Ed Ruiz.” (Sent: Tuesday, April 19, 2011 2:38 PM)

The citizen’s 3^rd IPA request for the information on April 20^th at 3:15 PM was in part as follows:

“I have communicated at length with Andrew Kossack, IPA counselor, and reviewed the applicable Indiana Code Statutes . . . ..Seeing as the legal opinion prepared by Mr. Ruiz and provided to the board by himself is not a document prepared in preparation for a law suit, or in response to ANY threat of a law suit, I again ask for a copy of Mr. Ruiz's publicly paid legal opinion . . . This requested document is also one that both you and Roger publicly declared was available for anyone who wanted to see it. I want to see it, as do others. Please send it to me, or have Mr. Ruiz forward it to me. This is my 3rd and last IPA request.”

On April 20, 2011 3:56 PM, 41 minutes later, Tyree had Mr. Ruiz respond directly to this 3^rd IPA request for information:

“I am writing to advise the you will not receive any memorandum prepared for my client, the PCSC. It is confidential as my attorney work product and under attorney / client privilege.”

Wednesday, April 20, 2011 5:44 PM the citizen responded:

“ . . . . . . .why would you want to willfully choose to with hold info from the Public that should be supportive of our public school administrators' actions, especially after Dan and Roger publicly stated it was available to anyone in the public? Do you understand it makes suspect what you might be trying to hide? Yet again?

Are you abusing the law to protect wrongdoing or using it to promote transparency and accountability of our public school administrators? “

Then at 6:01 PM this citizen sent Attorney Ruiz the following information provided by IPA counselor Andrew Kossack (on Monday, April 18, 2011 3:35 PM) who wrote:

"..... the district should release records that contain such information unless the school has a legal basis to withhold the record.......

Information subject to the attorney client privilege retains its privileged character until the client has consented to its disclosure." Mayberry v. State, 670 N.E.2d 1262, 1267 (Ind. 1996), citing Key v. State, 132 N.E.2d 143, 145 (Ind. 1956)......

Pursuant to I.C. §5-14-3-4(b)(2) a public agency has the discretion to withhold a record that is the work product of an attorney representing a public agency.

The citizen then respectfully asked Mr. Ruiz the following:

“In view of these facts, please answer the following questions:

1. What legal basis does Mr. Tyree have to withhold the record?

2. Why valid reason does Mr. Tyree possess to not consent to its disclosure?

3. Why does Mr. Tyree not exercise the discretion to release your work product of your LEGAL OPINION?

4. What is the difference between a memorandum and a legal opinion?

5. What proof can you present that you in fact wrote this legal opinion for PCS regarding this roofing scandal, as asserted publicly by Mr. Tyree?”

What was this local attorney’s publicly paid response to this citizen (on 4/22 @ 8:53 AM and 2:14 PM)?

“First, you are wrong. Second, do not waste my time e-mailing me. I do not have time for for you. If you are really serious, which I am sure you are not, you are welcome to set up a time to meet with me in my office and discuss anything you want. My hourly rate is $200.00 and I require payment up front of no less than one full hour. I will not accept a personal check, cash or money order only. If this is not acceptable, kiss off. I hope your Easter is full of happines and prozac . . . .. Don't fucking preach to me. “

Summary: PCS Superintendent Dan Tyree first publicly stated an Indianapolis attorney wrote a legal opinion (Note: according to another local attorney, there is a difference between a legal opinion and a memorandum, which is what Ruiz wrote). This legal opinion, Tyree said, asserted no illegal activity has occurred in the controversial roofing contracts. Tyree also publicly stated these documents were available for citizens’ review. When a citizen properly requested these records, they were rudely repeatedly denied. Why? Why would these documents which allegedly would prove Dan Tyree has committed no wrong now be so unethically refused to citizens by both Tyree and his publicly retained attorney?

And, the question must be asked again, why would Tyree and his publicly retained attorney similarly

adamantly refuse 13 citizens’ request for access to the complete computer records if those records would have in fact provenTyree was not lying about alleged computer tampering on 10/4/07?

Rather than factually proving to the public his innocence by providing these pertinent documents on both these serious issues, as he originally promised to do, Tyree uses tax payers’ money (more than $25,000 and escalating) to retain several different attorneys to prevent the release of these documents to protect him—NOT the interests of our educational community! This is wrong. The Plymouth School Board (Todd Samuelson, Larry Pinkerton, Frank Brubaker, Melissa Christiansen, and Larry Holloway), the Indiana State Police, local prosecutor David Holmes and state officials all persistently support this public wrong by their chosen silence. Why? Why will no one in public authority seek to hold these public officials accountable?

On April 22, 2010 at the Plymouth School Board meeting Dan Tyree stated, under the topic of INTEGRITY ---

“For the third time Dare Hawes has filed an Open Access Violation against Mr. Dan Tyree and his staff . . . .. While Mrs. Hawes has the right to file, there are costs involved in her accusations and it is time the community tells Mrs. Hawes enough is enough. Plymouth School’s money should be spent on our children, not on our lawyers.”

Yet again, Mrs. Hawes has properly requested three times under IPA the legal opinion promised by Tyree to the Public for review in this roofing controversy. It is most suspect, yet again, that Tyree and his attorneys now without sound reason have persistently refused these critical records.

Thirteen times 13 citizens properly requested the complete computer records to prove who committed the fully documented computer tampering in October 2007. Tyree and his attorneys without sound reason have persistently refused these critical records.

Mrs. Hawes can choose not to file yet another complaint, and let these public wrongs continue to go unaddressed, or she can file yet another IPA complaint. She will—with others..

Tyree can choose to at last provide these records at no cost to PCS and avoid a complaint being filed, though he has refused 3 requests already; he can answer that IPA complaint himself, saving PCS money; or, he can hire more attorneys to again protect himself—not PCS-- at significant additional cost to taxpayers. Regardless, Mrs. Hawes is not, and has not, cost PCS a cent.

It is grievous that no one in public authority has dared to seek to hold Dan Tyree—or his school board-- accountable, to tell him and his publicly retained attorneys that “enough is enough” . . . ..To say loud and clear that public school dollars should not be spent on his attorneys, but to protect our schools!.....That all these records should be released so INTEGRITY, not public corruption, will prevail at last. Too many innocent “former” PCS employees have been injuriously maligned by this administration. People live in fear, and rightly so at the unquestioned power of these public officials.

“Injustices feed on the silence of men intimidated by the assertion of power. Whether that power is social, political, financial, or empty legal rhetoric makes no difference.”

Why Won't Superintendent Day Tyree Release Legal Opinion? Did He Mislead Taxpayers? Is Pinnochio's Nose Growing Longer?

2011-04-21T07:49:00.002-04:00

Dan Tyree

Once again, taxpayers find themselves frustrated by Dan Tyree's lack of honesty as he attempts to defend himself against criticism for a controversial roofing project that is costing Plymouth taxpayers much more than it should have.

Tyree defended his actions via a local radio talk show when he touted a legal opinion that he reportedly received from "an Indianapolis attorney" stating that everything was on the up and up.

It seems that such an opinion may not exist since Tyree refuses to produce the alleged legal opinion.

"The letter you requested is protected by attorney client privilege," wrote Tyree to a Plymouth taxpayer. "There was no invoice for services."

After the taxpayer persisted with her request for the Indianapolis attorney's legal opinion, Tyree claimed that the alleged opinion was actually drafted by Ed Ruiz, a local attorney, but why won't he release it?

Show us the proof, Dan! And why did you say that you had an opinion from an Indy attorney if it wasn't true? Why should anyone believe anything you say if you can't back it up with proof? More importantly, why do taxpayers in Plymouth put up with this nonsense?

Which is it, Dan, and why are you having trouble keeping your stories straight? Could it be that your lies are catching up with you?

Taxpayers also asked Tyree to produce invoices for the legal opinion. He responded by saying there were none. Seriously, Dan? Do you think taxpayers are gullible enough to believe that a lawyer would do this type of work pro bono?

If there is such a legal opinion, why won't you produce it, Dan? If what you did was legal, wouldn't you want the whole world to read the legal basis for your actions?

Could it be there is none? Could it be that you foolishly spent thousands of dollars for items that could have been purchased for much less? Could it be that you did not put the materials out for public bid? Could it be that you're trying to hide your negligence from the taxpaying public?

A Message that Indiana School Superintendents Should Listen to

2011-04-19T13:14:00.002-04:00

Taxpayers Beware

2011-04-16T18:06:00.002-04:00

Help is on the way for Plymouth taxpayers

2011-04-15T18:03:00.000-04:00

To my taxpaying friends in Plymouth, Indiana:

I am not abandoning my post. I am merely taking a little time off to tend to personal business, but this will be temporary. In the meantime, I am continuing to gather records and facts, which are being turned over to proper authorities. This blog will continue to expose corruption. Stay tuned and remain hopeful.

Gone for Now But Not Forever

2011-04-15T06:35:00.000-04:00

I'll be taking an indefinite break from this blog to pursue other interests; however, during my absence I will be turning the reins over to others who are interested in holding public officials accountable for the way they spend our tax dollars. I will continue to follow the public interest stories in Plymouth, Indiana, and will make this blog available to its citizens.

Guest Submission: A Plymouth Citizen Responds to Superintendent Dan Tyree

2011-04-12T08:32:00.000-04:00

Superintendent Dan Tyree

The following was submitted by Plymouth citizen extraordinaire, Dare Hawes. It should also be noted that this blogger is still waiting for Tyree to produce public records and will not be deterred by stall tactics.

Plymouth Superintendent Dan Tyree has repeatedly, unprofessionally and publicly falsely accused Dare Hawes and Diana Vice of ridiculously costing taxpayers money by their justified citizens’ efforts to hold him accountable through Open Access requests/ complaints. (See WTCA 3/24/11 talk show, 4/3/11 Plymouth Truth 6:37 PM comment, 4/22/10 PCS minutes.) Tyree craftily does this to manipulate the public spot light away from his most questionable actions into a disrespectful public attack on citizens. These facts should be thoroughly examined and acted upon by responsible authority figures to end this exhaustive public dispute.

Dare Hawes was forced to file Public Access complaints ONLY because Tyree absolutely refused to properly and expediently provide critical documents, and then Tyree willfully publicly lied (under the topic of “INTEGRITY” no less-- again see 4/22/10 PCS minutes) about the results of those complaints (See Pilot News 5/1/10—attached). If Tyree had willfully provided these documents in a responsible, good faith manner, no complaints would have ever needed to have been filed. Therefore, there would have been no cost to taxpayers, and no dispute.

As a public school superintendent making over $100,000.00 per year, Tyree directs a personal staff of numerous secretaries and assistants to assist him in providing these documents to the public. If Tyree has committed no wrong, there is no need for Tyree to publicly pay Plymouth attorneys Joe Morris and Ed Ruiz, as well as Indianapolis attorney Thomas E. Wheeler II, to irrationally prohibit the release of these public documents-- or to conduct a SECRET $13,000 defamatory investigation of a private citizen by our government!

If Tyree had initially provided these critical documents as requested by at least 13 citizens, these documents would have immediately proven who committed the alleged criminal act of computer tampering on at least October 4, 2007. If Tyree had provided these critical tell-all documents, this 3.5 year public battle never would have transpired.

Question: why do Tyree and his school board adamantly refuse to provide these tell-all documents? His refusal makes it glaringly obvious he and his board have something sinister to hide. Why else would they refuse to cooperate, and prove their innocence once and for all? And willfully lie to the media about others not cooperating? And continually, most unprofessionally, attack Hawes and now Vice publicly? It is the actions of Tyree and his board that has caused at the very least $25,000 in public legal fees to protect them, NOT our school community. These colossal PUBLIC legal fees were authorized by Tyree and his board alone. Mrs. Hawes and Mrs. Vice NEVER did not authorize any public monies being spent in this on-going debacle, nor has either filed any law suit against Tyree or the Plymouth Community Schools. As respected citizens, they have exhaustedly volunteered hours for the public welfare, not their own. Hawes and Vice are attacked again and again by ill informed public leaders because they dare to exercise their rights and freedom as citizens to confront obvious corruption in the public arena.

What is the genuine cost of the Truth? What is the cost of citizens exercising their freedom to

properly and justifiably question their suspect elected officials? What has this cover up of

Plymouth Superintendent Dan Tyree’s and his school board’s public wrongs truly cost our

educational community?

Freedom is never free. Corruption always costs.

554 Words --Dare Hawes, 574-936-6853 719 S. Michigan St., Plymouth, IN.

------------------------------------------------------------------------------------------------------------------

Pilot News Letter to Editor 5/1/1—quoted from PCS Board Minutes 4/22/10

Dan Tyree stated (under the topic of Integrity) that, “For the third time Dare Hawes filed an Open Access Violation against me and my staff. And for the third time we prevailed. “

Superintendent Tyree’s words are again not true.

Two questions: Why were these complaints filed? What were the honest written opinions of the Indiana Public Access Counselor?

Complaint #1:

13 citizens requested the complete computer record under dispute to resolve the grave conflict of who are lying—administrators or teachers. They were denied 13 times, even though the PCS attorney Thomas E. Wheeler II stated our superintendent was obligated under the Access to Public Records Act to provide these records to the media/ public. Then he stated the records do not exist. Then he stated they were ghosted and could not be accessed. (He is publicly paid $220 per hour.)

Citizens appealed to the IPA Counselor. His opinion was that since PCS says the records do not exist—PCS did not violate APRA.

Fact: the tell-all records do exist—but these administrators and board hide them. Why?

Complaint #2:

Citizens filed this complaint based on evidence that PCS board violated the Open Door Law. The IPA counselor’s opinion: “I express no opinion regarding the factual matters upon which you and the school board disagree.”

Fact: “No opinion” is not a prevailing opinion.

Complaint #3:

Three times citizens requested copies of the original invoices of PCS attorneys’ legal fees under APRA. Three times Tyree refused such—forcing a complaint to be filed.

Only then Tyree sent incomplete invoices—NOT what was requested. The IPA Counselor’s opinion: “PCSC has assured me that it has produced all responsive billing statements in accordance with your request. I trust this resolves your complaint.” He also opined that “PCS has not yet sustained its burden of proof to demonstrate that the time it took to produce Mr. Wheeler’s invoices was reasonable.”

Fact: This is not a prevailing opinion.

Tyree stated that “Our money should be spent on our children, not on our lawyers.”

Fact: if Tyree and his board had ever once properly cooperated, no complaint would have

ever needed filing. They forced the complaints.

Fact: Tyree did not have to retain any attorney to answer any of these citizens’ appeals. It

was his choice.

Fact: Citizens agree that money should not be spent on lawyers—and have consistently been appalled that Tyree and his board have spent over $25,000 just in legal fees to protect themselves, not our educational community.

Tyree said the IPA complaints were against "me and my staff." Again not true. Justified complaints have been against Tyree, Hill and this school board---never against any of the dedicated, conscientious, professional Plymouth staff members--including building administrators, teachers, secretaries, aides, and custodians.

------------------------------------------------------------------------------------------------------------

P.S 4/12/11 Inexperienced IPA Counselor Kossack’s opinions suspiciously parrot the preeminent Wheeler’s opinions. When the facts are correctly comprehended, Kossack’s opinions are illogical. Do note Kossack was suddenly appointed by Governor Daniels to this task only after the respected/experienced IPA Counselor Heather Neal had to recuse herself due to a conflict of interest when the IDOE conveniently and suddenly offered her a job right after this IPA complaint was filed against both the IDOE and Plymouth administrators. Also note close political connections between Governor Daniels, Thomas E. Wheeler II and IDOE Chief Tony Bennett exist.

A Closer Look at Indiana's Conflict of Interest Laws: Have Felony Offenses Occurred at Plymouth?

2011-04-05T07:55:00.006-04:00

Did Samuelson commit a Class D felony?

Plymouth Superintendent Dan Tyree has been spending days trying to convince patrons that he sent public records to me when, in fact, I never received them. Let's not get sidetracked with Tyree's falsehoods when there are bigger issues at hand, including an alleged Class D felony conflict-of-interest that was revealed in the November 18, 2010 board minutes.

"Dr. R Smith, Mr. D Schoof and Mr. Doug Copley, of Tremco Corporation reported on the proposed project. A PowerPoint presentation was made by Dr. R Smith which was prepared by Umbaugh & Associates outlining the proposed capital improvements....Member L Pinkerton made a motion to approve the Project Resolution. Member L Holloway seconded the motion...Secretary T Samuelson again voiced his conflict with Umbaugh & Associates as an employee and stated he was still going to vote given this association with Umbaugh & Associates was stated into the record...The motion passed unanimously," read an excerpt from the minutes.

So, now that the conflict-of-interest has been admitted to, lets take a closer look at the facts. Tyree and his cronies would have you believe that filing a conflict-of-interest statement magically makes such an alleged felony offense disappear, but that's not what the law says at all.

What the law says is that the state takes conflicts-of-interest so seriously that not only are public officials required to refrain from promoting, discussing, or voting on matters where he or she could potentially derive a profit from, but they are to notify the State Board of Accounts, in writing, of any potential conflicts-of-interests.

This heads up to state auditors is for the purpose of verifying later that the public official refrained from voting on a matter involving a potential felony conflict-of-interest. There would be no purpose for a conflict-of-interest law at all if public officials could simply sign a form releasing them from liability.

In addition, a conflict-of-interest statement is required to "be filed within fifteen days after the final action on the contract or purchase with; (a) the state board of accounts; and (b) with the clerk of the circuit court in the county where the governmental entity takes final action on the contract purchase."

Was a statement filed with the Plymouth Circuit Court within 15 days of Samuelson's conflicted vote on the roofing materials contract? We'll check it out and get back to you, but even if it was filed, it doesn't make a potential Class D Felony go away if, indeed, Mr. Samuelson profited as an Umbaugh & Associates partner when he voted for the foolish roofing materials contract.

Was this Mr. Samuelson's only conflict as a Plymouth School Board member? We're checking that out, too.

Readers can access the entire Indiana Code at this State Board of Accounts link, entitled, "Accounting and Uniform Compliance Guidelines for Indiana Public School Corporations."

Readers can also access the Conflicts-of-Interest policy for Indiana University at this link. The University has zero tolerance for the type of behavior demonstrated at Plymouth School Corporation.

I spoke with a seasoned school board member-friend of mine who said that ignorance is no excuse for what happened at Plymouth School Corporation recently. He told me that the professional associations for school board members and superintendents offer law seminars where conflicts-of-interest laws are clearly expressed and defined. School board members are also provided with ample documentation of their responsibilities as they pertain to Indiana laws.

The citizens of Plymouth deserve better than this. Not only should they expect laws to be complied with, but they should expect to be treated with dignity and respect when they exercise their rights to petition their government for a redress of grievances.

It's time to hold your elected officials accountable for their actions. And Mr. Tyree, you can continue to call me names and spew your venom while I continue to dig up the truth.

Oh, and here's a post script for Mr. Tyree. I completed all of this before 8 a.m. You know what they say about the early bird catching the worm?

Now, I'm off to live my rich, full life, which includes caring for grandchildren, advocating for abused children in my community as a Court Appointed Special Advocate, and enjoying the fact that I can sleep at night.

Guest Column by Dare Hawes: Setting the Record Straight Against Dan Tyree's Unprofessional and Bizarre Attacks

2011-04-02T21:46:00.003-04:00

The following was written by Dare Hawes, a Plymouth citizen, who has been repeatedly maligned by Superintendent Dan Tyree in violation of the Indiana Superintendents' Code of Ethics.

Day Tyree Spews More Venom

Ironically on the “Plymouth Truth” blog, Plymouth Superintendent Dan Tyree again stated many things that were definitely not the truth---and clearly a willful attempt to discredit Mrs. Vice’s facts and make unthinking individuals think he has done no wrong. This is distressing. We all want our public school leaders to be men of integrity and transparent. Truthful men. After all, our children spend 13 years in public school developing their character as well as their mind under the influence of public educators. Mr. Tyree has repeatedly stated publicly that he is transparent, has integrity, and is genuine. A highly respected Plymouth citizen (a former coach who is in the Indiana Basketball Hall of Fame ) once wisely told me, “If you have integrity, there is no need to tell anyone.” That, readers, is truth.

What particularly troubles me about Mr.Tyree’s present falsehoods is the following:

In this 4/1/11 most twisted “Plymouth Truth” blog, at 3:15 P.M. Mr. Tyree invites responsive comments, but only subject to his approval for his publication.

At 4/1/11 at 4:08 Anonymous responded to Tyree’s blog site by stating:

“She (Mrs. Vice) apparently has no life since she spends her time trying to dig up dirt on numerous individuals all over the state. She claims that she is saving taxpayers money, but one should wonder how much money and time she wastes by demanding information for her witch hunts. She claims to be such a holier than thou Christian but her blog is anything but Christian. She is a venomous snake!”

Mr. Tyree has knowingly and willfully allowed this mean-spirited, slanderous comment by Anonymous to remain on his “Plymouth Truth” blog.

Please compare that with the fact that Superintendent Tyree chastised Mrs. Vice for removing a similar mean-spirited, slanderous comment from her own blog, submitted by Anonymous. It is curious and most revealing, that Tyree first knew about Mrs. Vice removing this comment; a secondly, he publicly chastised Mrs. Vice for that removal of this comment---when he asserted to her with clear irritation the following:

“Now listen! A citizen from Plymouth (How did Tyree know the anonymous blogger was from Plymouth?) wrote on your blog and you took it off because they didn’t agree with you (How/ why did Tyree know Anonymous did not agree with her, when the comment was only on very briefly?), and then you have Mrs. Hawes who has been writing about superintendents here for 20 years and you leave her on! Now when you start doing things like that I start questioning, I start questioning, you and your ability to be fair and impartial and listen to all sides.

(quote from WTCA tape)

It appears Superintendent Tyree IS in fact the same Mr. Anonymous on this particular venomous email removed by Mrs. Vice from her blog site. It is important to note that when Mrs. Vice responded in her blog to Tyree’s WTCA tirade, she stated:

“I also want to answer a question you asked me on the radio yesterday. You wondered why I deleted your comment on my blog while leaving the one left by taxpayers up. It's simple. You launched a personal, mean-spirited attack against a private citizen, which violates the ethical code for superintendents. Others raised public interest issues while calling the actions of a public official into account. I can't help it that you happen to be the public official. I didn't do stupid things. You did.”

(from Vice Blog, 3:01 Pinocchio’s Nose)

When Mrs. Vice referred to these comments as being Tyree’s-- he never denied writing them.

You might find it interesting, and revealing, to learn what Anonymous-Tyree’s unprofessional, venomous comments he left on Mrs. Vice’s blog site were . . . This is an exact quote:

“Dare Hawes is a screaming idiot who has terrorized teachers, principals, and superintendents in Plymouth since she did not get a job teaching art. I was on the committee that did not choose Mrs. Hawes as an art teacher, however, she claims that she talked to me and I and the others supported her as the choice.

Mrs. Hawes and others that bad mouth Plymouth Schools: go away. The only corruptions is that the first amendment allows idiots like Mrs. Hawes and the other contributors to this Blog to write whatever they want without a shed of accountability.

Hey, Mrs. Tea Party, do you really think the framers of our constitution were thinking about you and this blog when they wrote the first amendment. I think they would turn over in their graves.”

Mrs. Vice sent Tyree’s irate email to me only on my insistence as I wrote this today. Anonymous- Tyree lied yet again in his assertions. I won’t go into the details, but it is necessary for me to briefly explain the following:

1. I as a stay-at-home-by-choice mom (in the late 1980s) was on justly upset because of the

unethical, unprofessional way in which the hiring decision was made for this one-day-a week

position. (An unlicensed, untrained individual was employed to teach art to our students)

2. Tyree was not on that committee. The one man who was on this committee did not write this

current blog as Dan sought to not-so-craftily imply.

3. I never said Dan, especially as he was not on this committee, or the others supported me. The

Acting-Assistant Superintendent forbid them to express their professional opinion on who should be

selected, in clear violation of the then recently adopted PCS hiring policy—a policy that was not a

“recommendation” but basically school law.

4. Tyree at that time as PEA vice-president signed a statement asserting he witnessed (with others)

the Acting-Assistant Superintendent’s admitting his lie about this hiring committee’s selection.

I still possess Tyree’s signed statement in this regard, that definitely refutes what he has now again dishonestly told the public in his anonymous and slanderous blog tirade. (Remember signing it in the PHS teachers’ lounge, Dan?) All the documentation that further proves Tyree is now lying about that sad historical event still exists. That incident occurred only after I with four other women had successfully led a community-wide effort to establish a just, equitable hiring policy for PCS—as there was no previous written hiring policy! The serious need for this policy was publicly realized after the former superintendent hired 14 teachers based on blackballing, favoritism, and nepotism—not their true credentials-- in two years time. This is a lot more than readers needed to know, except the pattern of Tyree lying is fully documented.

Tyree publicly berated Mrs. Vice for removing his venomous comments from her blog, and she gave reasonable reasons for that removal, as I shared above. He has chosen to leave venomous comments on his “Plymouth Truth” blog, as I shared above. However, what troubles me is that I shared my citizen’s comments on his “Plymouth Truth” blog—three times—(Signed. I don’t believe in being anonymous.) and he persistently refuses to approve my comments. Why? Are they venomous like his? Decide for yourselves. Here is my submission to Dan’s blog that he will not approve:

“The “Plymouth Truth” espoused by our superintendent regarding the WTCA talk show is full of falsehoods, as can and will be proven in due time. This is all so sad—for Dan and for our community.

Please listen carefully to the 3/31/11 WTCA program (as Dan urges readers to do). Despite the rude and unprofessional treatment Mrs. Vice received, she was gracious and most knowledgeable of her researched subject. She, understandably frustrated with Dan’s manipulation of the documented facts, did end the conversation when it was not going anywhere positive due to Dan’s leadership. She was wise and gracious to end it when she did. (She was speaking for the Public’s welfare, not Dan’s.)

Yet again, Dan has falsified the facts. I never knew anything about Mrs. Vice or her statewide efforts to uncover public corruption. I never fueled this issue (Why does Dan keep giving me such power?). Those in the Indiana roofing industry exposed this additional corruption by our school board and administrators. Now, like a can of worms, other disturbing facts communicated by a host of other citizens are currently ringing Mrs. Vice’s phone off her wall.

Again, this is all so sad. May God do as He has promised to those who act unjustly. Please pray for Dan, for our Plymouth school leaders, as well as our Nation. Proverbs 6:16 -19.”

Why does Dan refuse to publish this on his blog while he disdains Mrs. Vice for removing his on hers?

In my opinion, Dan is full of double standards, on what serves or doesn’t serve him.

What is sad is that our leaders, our publicly entrusted school board --Todd Samuelson, Larry Pinkerton, Frank Brubaker, Melissa Christiansen, and Larry Holloway—and our superintendents Dan & Roger Smith have consistently refused to act in the sincere interests of our educational community in regards to one too many issues. In my opinion, based on facts, they have too often only acted in self-promoting or self-protecting interest. Dan’s obvious unprofessional, unethical, and possibly criminal behavior should be cause for his instant dismissal (or at least suspension without pay until these matters are legally resolved) ------instead of the numerous former respected PCS employees (educators, coaches, custodians, and techies)-- he has forced out in a childish power play. I fear our educational community is morally bankrupt because of this present leadership.

Most sincerely,

Dare Hawes

The Entire Email Exchange Between Myself & Dan Tyree, Which Did not Include Any Downloaded Public Records

2011-04-01T15:52:00.002-04:00

(Scroll down to the bottom to see the beginning of the email conversation between Dan Tyree and myself on Feburary 4, 2011.)

Thank you for the help. We have a meeting Monday morning and I was gathering information. I assure you, it is not our intent to do something illegal.

Daniel Tyree
Superintendent
Plymouth Community Schools
611 Berkley
Plymouth, IN 46563
574-936-3115
dtyree@plymouth.k12.in.us

>>> "Diana Vice" <DianaVice@mintel.net> 2/4/2011 4:17 PM >>>

Fyi:

IC 36-1-12-3
Public work projects
     Sec. 3. (a) The board may purchase or lease materials in the manner provided in IC 5-22 and perform any public work, by means of its own workforce, without awarding a contract whenever the cost of that public work project is estimated to be less than one hundred thousand dollars ($100,000). Before a board may perform any work under this section by means of its own workforce, the political subdivision or agency must have a group of employees on its staff who are capable of performing the construction, maintenance, and repair applicable to that work. For purposes of this subsection, the cost of a public work project includes the actual cost of materials, labor, equipment, rental, a reasonable rate for use of trucks and heavy equipment owned, and all other expenses incidental to the performance of the project.
    (b) When the project involves the rental of equipment with an operator furnished by the owner, or the installation or application of materials by the supplier of the materials, the project is considered to be a public work project and subject to this chapter. However, an annual contract may be awarded for equipment rental and materials to be installed or applied during a calendar or fiscal year if the proposed project or projects are described in the bid specifications.
    (c) A board of aviation commissioners or an airport authority board may purchase or lease materials in the manner provided in IC 5-22 and perform any public work by means of its own workforce and owned or leased equipment, in the construction, maintenance, and repair of any airport roadway, runway, taxiway, or aircraft parking apron whenever the cost of that public work project is estimated to be less than fifty thousand dollars ($50,000).

From: Dan Tyree [mailto:Dtyree@plymouth.k12.in.us]
Sent: Thursday, February 03, 2011 5:44 PM
To: Diana Vice
Subject: RE: Public Records Request

We purchase products through state-sponsored programs whenever we can. The Governor has suggested strongly that we use state bid programs whenever we can. Rodger said he spoke to you and that you will visit next week.

Daniel Tyree
Superintendent
Plymouth Community Schools
611 Berkley
Plymouth, IN 46563
574-936-3115
dtyree@plymouth.k12.in.us

>>> "Diana Vice" <DianaVice@mintel.net> 2/3/2011 4:54 PM >>>

Thank you. I spoke with Roger Smith after the email bounced back. I would like to clarify something that Roger and I spoke about if possible. He said your school district used the GSA schedule to purchase Tremco roofing materials, which indicates that materials were not put out for public bid the way the labor was, but merely purchased from the GSA. Is this correct?

From: Dan Tyree [mailto:Dtyree@plymouth.k12.in.us]
Sent: Thursday, February 03, 2011 4:24 PM
To: dianavice@mintel.net
Subject: Re: Public Records Request

I apologize that your email was caught in our spam filter. I will respond to this request as soon as I possibly can.

Daniel Tyree
Superintendent
Plymouth Community Schools
611 Berkley
Plymouth, IN 46563
574-936-3115
dtyree@plymouth.k12.in.us

>>> <dianavice@mintel.net> 2/3/2011 5:51 AM >>>

February 3, 2010

Plymouth Community School Corporation

611 Berkley Street

Plymouth, Indiana 46563

Attention: Superintendent Dan Tyree

RE: Public Records Request

Dear Sir,

I would like to request the following public records for review. Please contact me via email or by phone to let me know when the copies are ready for inspection. Thank you for your assistance.

1. COPY OF COMPLETE SET OF SPECIFICATIONS & ALL DRAWINGS FOR TREMCO ROOFING PROJECTS FOR PLYMOUTH HIGH SCHOOL, LINCOLN JUNIOR HIGH SCHOOL, AND JEFFERSON ELEMENTARY SCHOOL

2. LIST OF MATERIALS PURCHASED BY SCHOOL CORPORATION FOR THIS PROJECT

3. COPY OF THE INVOICE FOR THESE MATERIALS

4. COPY OF THE SCHOOLS PURCHASE ORDER & CANCELLED CHECK FOR THESE MATERIALS

5. COPY OF THE ADVERTISEMENT FOR BIDS

6. PROVIDE ANY & ALL MATERIALS, RESEARCH, ETC… SHOWING PROPER DUE DILIGENCE AND BID PROCEDURE FOR PURCHASE OF MATERIALS FROM TREMCO.

Sincerely,

Diana Vice

The Entire Email Exchange Between Myself & Plymouth Schools, Which Did not Include Any Downloaded Public Records

2011-04-01T15:51:00.001-04:00

Fyi:

From: Dan Tyree [mailto:Dtyree@plymouth.k12.in.us]
Sent: Thursday, February 03, 2011 5:44 PM
To: Diana Vice
Subject: RE: Public Records Request

From: Dan Tyree [mailto:Dtyree@plymouth.k12.in.us]
Sent: Thursday, February 03, 2011 4:24 PM
To: dianavice@mintel.net
Subject: Re: Public Records Request

February 3, 2010

Plymouth Community School Corporation

611 Berkley Street

Plymouth, Indiana 46563

Attention: Superintendent Dan Tyree

RE: Public Records Request

Dear Sir,

I would like to request the following public records for review. Please contact me via email or by phone to let me know when the copies are ready for inspection. Thank you for your assistance.

1. COPY OF COMPLETE SET OF SPECIFICATIONS & ALL DRAWINGS FOR TREMCO ROOFING PROJECTS FOR PLYMOUTH HIGH SCHOOL, LINCOLN JUNIOR HIGH SCHOOL, AND JEFFERSON ELEMENTARY SCHOOL

2. LIST OF MATERIALS PURCHASED BY SCHOOL CORPORATION FOR THIS PROJECT

3. COPY OF THE INVOICE FOR THESE MATERIALS

4. COPY OF THE SCHOOLS PURCHASE ORDER & CANCELLED CHECK FOR THESE MATERIALS

5. COPY OF THE ADVERTISEMENT FOR BIDS

6. PROVIDE ANY & ALL MATERIALS, RESEARCH, ETC… SHOWING PROPER DUE DILIGENCE AND BID PROCEDURE FOR PURCHASE OF MATERIALS FROM TREMCO.

Sincerely,

Diana Vice

4398 W Co Rd 700 N

Mulberry, IN 446058

765-296-8423

Email: dianavice@mintel.net

Dan Tyree Says He Was Wrong About Bidding Process & Continues to Tell Falsehoods About Releasing Public Records

2011-04-01T15:01:00.011-04:00

Here's Dan Tyree's latest Facebook message to me. Now, he is now saying that he has email documentation that he provided public records to me via an email file, which I will swear under oath that he did not. His earlier message said he "sent" the records to me along with a $100 zip drive.

I have never received any public records from the Plymouth School District either by mail or electronic form, and my Internet provider can prove that I did not receive this via email. If I had received it, believe me, the documentation would have already been posted to this blog.

I requested to inspect the records and was told by Mr. Smith that he would make them available to me and would like the opportunity to go over them with me during a visit that I was to arrange at a later date. I have never had a school district offer to provide materials free of charge.

By stating that he gave me these materials, including a $100 flash drive, Tyree set a new precedent. Since they must treat all taxpayers the same, any taxpayer should now be able to receive free copies for records.

I have no doubt that Dan Tyree is now trying to manipulate someone to produce phony records, but the truth will prevail. Tyree is trying to cover for the lies he told on the radio station when he didn't think I was listening. These are the acts of a desperate man who is obviously trying to cover his tracks.

Daniel Tyree April 1 at 2:46pm Report

The email of requested materials was sent to you on February 4. The flash drive was downloaded into the email on a zip file. I'm sure you know, we have to keep a copy of all of our emails and we had the techs recover it today. We've posted on The Plymouth Truth. Once again, you were wrong and I was right.

I will admit that I gave you the wrong information at one time. I thought we had used the state price because we had talked about doing that. In reality, Rodger Smith and David Schoof had gone through a bid process. I apologize for giving your the wrong information on the materials bid process.

First of all, flash drives cannot be downloaded into an email file. How could Dan send me a $100 flash drive via email? Secondly, compare this to his earlier message to me today. Which is it, Dan? It can't be both. Are you having trouble keeping your lies straight?

Dan Tyree's earlier email:
Not only did we send you the papers, but we also sent you a flash drive that should have cost you $100. We sent it at no charge, nor did we charge for anything else, and nor will we charge for your recent request

The Lies Get Bigger as Pinocchio's Nose Grows Longer

2011-04-01T08:13:00.003-04:00

Wow, Dan Tyree is getting desperate. Now, he says he sent me a $100 flash drive. Are you serious, Dan? Now, I know what Plymouth School patrons are saying about you is true. This is another bold face lie. I haven't received a single scrap of material from you, including a flash drive. Check my email again, Dan. I said I wanted to inspect the records, not receive them. Had you sent me a flash drive, I'm sure you would have declared it to the radio audience yesterday.

Like I said earlier, I can pass a lie detector test. Can you?

Here's the latest unprofessional message I received from Dan Tyree. Can you imagine doing a background check on this guy for potential employment? He has serious ethical issues.

Not only did we send you the papers, but we also sent you a flash drive that should have cost you $100. We sent it at no charge, nor did we charge for anything else, and nor will we charge for your recent request. What about your promise of confidentiality? You don't keep your promises do you Diana? I was concerned about that so I didn't call you to ask questions. It's too bad that we couldn't have sat down and hashed through all of this, but then you wouldn't have had anything for your Blog. No, I'm not going to write letters to the editor. So, write all you want on your Blog. We all know the truth and it sets me free.

And to answer your question, Dan. I didn't have a chance to keep a promise since you didn't follow through with your request to discuss this issue with me.

I also want to answer a question you asked me on the radio yesterday. You wondered why I deleted your comment on my blog while leaving the one left by taxpayers up. It's simple. You launched a personal, mean-spirited attack against a private citizen, which violates the ethical code for superintendents. Others raised public interest issues while calling the actions of a public official into account. I can't help it that you happen to the public official. I didn't do stupid things. You did.

A Cut & Paste From Dare Hawes

2011-04-01T06:24:00.001-04:00

Dan Tyree

Since Superintendent Dan Tyree publicly attacked Dare Hawes, a Plymouth activist-taxpayer, I am offering her this opportunity to respond.

And for the record, I attempted to privately warn Tyree about the controversy surrounding the no-bid roofing materials, but unfortunately for Plymouth area taxpayers, he didn't listen. I will not be deterred by his threats.

Open letter to Plymouth Citizens who genuinely care about our public schools.....from Dare Hawes

A few comments in regard to the statements made by Tony and Dan on the 3/31/11 “What’s Your Opinion Show” in their discussion with Mrs. Diana Vice regarding the most questionable PCS roofing contract with Tremco.

First, Tony, why does it matter if Mrs. Vice talked to me or not? As she clearly told you, she had never heard of/ talked with/ or exchanged emails with me until AFTER she wrote her first expose blog about Dan and Roger’s questionable actions in regard to the roofing fiasco--- that is in fact occurring in more than one public school system?

I did post a response to her first PCS blog—to which I signed my name –only after several other properly concerned PLYMOUTH PATRONS alerted me to its existence. This blog was on what Mrs. Vice’s conscientious research had uncovered about more wasteful, superfluous expense to we taxpayers that Dan and Roger have yet again perpetuated.

Why did Dan seek to discredit Mrs. Vice because of her association with me, after the fact? When, please tell, have I ever in reality been rude, dishonest, or irate with any of you, including Dan? When have I ever been unreasonable in my actions or words? Certainly you do not believe all the gossip put out by Dan and others who again are just seeking to attack the messenger to keep the Public from hearing a serious message? Why does Dan and his board persistently refuse as professionals to have an adult conversation regarding the critical message that I and others have properly dared to persistently bring to the public’s attention? It is obvious to anyone who knows the facts, or knows me, that I am simply an educated citizen who properly seeks for our public school leaders, Dan in particular as well as his school board, to truly act with integrity—not just tout it for PR as they do--- for the welfare of our educational community: students, teachers, administrators, and supportive staff.

Am I wrong when I learn our superintendent has lied, to seek to address that privately—until he and the local media forces me to go public? Am I wrong when I learn our superintendent has spent hours on a PCS computer viewing and documenting 304 pages of 8x10” color pornography to out him—when he has forced the resignations or fired others under his employ for far less? Am I wrong to question if criminal actions have been committed by our superintendent when testimony, documentation, and professional analysis all firmly support that suspicion? Am I wrong to state he is lying, when he is, and has, and most likely will in the future—as based on facts, not hearsay? Am I wrong to persistently seek with others to do what is right and in accordance with our laws for the sincere welfare of our community? To protect it, not harm it—a community our family has been an integral part of for over 36 years? A place I was once proud to call home?

You know, this entire lives-devastating mess could have been so easily, quickly, and cost effectively resolved if Dan and his board had just provided proper and expedient access to critical computer records, and been willing to even once sit down with we as respected, intelligent citizens for an adult conversation to seek just resolution to the controversy this school board and Tyree, Hill, Condon, and Benge’s actions have caused . . . . . . BUT Tyree and his board has always persistently since 10/07 refused, arrogantly lying about that refusal to the media as recently as 12/09--- manipulating you—the local media-- to help cover up his unethical and possibly criminal wrongs. Those records would have immediately proven if Dan was telling the truth, or lying. So, why does he not provide them? Why does he not dare to prove us wrong with the documented facts? Because, he can not.

Dan said on air that I was wanting him to go to prison. That is a lie. I have never said that. I do not want him to go to prison. All I and the 100 plus other citizens who have sought to properly resolve this debacle is for the truth to be made known, and for those—which includes far more than just Dan—who have allegedly violated our laws and our school community to be justly held accountable and o right the wrongs they have committed. Am I wrong for that desire? I am not.

Tyree has publicly complained about how my and now Mrs. Vice’s pursuit of accountability regarding his alleged corruption is costing Plymouth Community Schools “a lot of money,” manipulatively painting us as the bad guys. I ask, sincerely, what about the $25,000 of public monies Tyree and his board authorized to pay just their Indianapolis attorney to unethically prohibit these vital records from revealing the truth regarding their alleged computer tampering on PCS computers? That publicly retained attorney-- paid 100's per hour with our tax dollars --was suppose to protect our school system, NOT the sole interests of Dan and his board. And I stress the word "his"....Dan and his men have no doubt been self-serving, not student-serving. Their persistent actions have willfully sacrificed the genuine moral welfare of our educational community. As I have written previously, educators--especially school superintendents-- are to be positive role models for our entire community, not just our kids. In my sad opinion, based on his actions and words, Dan is neither.

Tell me, please, where I have erred—as based on the facts of my fully documented words and actions. By God’s grace alone I have no regrets for how I have conducted myself in this most troublesome issue. Before one slurs an individual’s character, one should carefully examine the facts—not listen to liars.

Most sincerely,

Mrs. Dare Hawes

Superintendent Daniel Tyree Continues With His Attacks & Threats Against Taxpayers. What About The Code of Ethics for Superintendents, Dan?

2011-04-01T06:16:00.018-04:00

Dan Tyree

Apparently Superintendent Dan Tyree cares nothing for his professional reputation as he continues with his personal attacks against me and other taxpayers. Pasted below is an angry, threatening, and unprofessional diatribe that I received from Tyree via Facebook.

And once again, Dan, I have never received one piece of material from your school corporation, and you know it. You and I both know that in my conversation with Rodger Smith, I had agreed to come review the material since there was so much of it rather than have it sent.

I can pass a lie detector test. Can you, Daniel?

You might also want to review my original email request, you know, the one where I requested to "review" the material. I've cut and pasted it below for your convenience.

If I had the material, Dan, it would be posted to my blog to show the world of your folly. How do you sleep at night telling such lies? I sure hope you don't include your secretary in your lies, Daniel, because she just may be called in for a deposition to swear under oath about her actions. Will she perjure herself for you, Daniel?

And for the record, I attempted to warn you against making the mistake of buying overpriced roofing products prior to going public with this information. I warned you of the controversy surrounding this entire no-bid debacle, and you refused to heed my warnings.

I'll be stopping by for those materials, Dan, because I've been invited by the Marshall County Taxpayers Association to address their group. I'll need the records to show them how badly you've been wasting their money.

And go ahead, Daniel. Attack away. It's what you do best, I'm told. I'll just use anything you say as another opportunity to speak the truth and show the evidence.

Here's Dan's latest diatribe. Facts are stubborn things, Dan.

A Facebook Message from Superintendent Dan Tyree to Diana Vice:

You will do anything to hide behind your lies won't you? You messed with the wrong school system, Diana. We tell the truth and we don't hide. You can block me here and on your Blog, but you can't block me on a letter to the editor in all of the newspapers in your area. Look, I'm not after an apology, I just want everyone to know that you don't tell the truth. Understand? By the way, our secretarial staff made a duplicate copy of everything Rodger sent you. I'm going to go through it tomorrow and and see if there's anything that you weren't sent that you had asked for. If so, I'll send it right away. Nice talking to you today. Hey, you ought to ready my Blog this weekend. I'll have a nice article on it about you. How does it feel to have things turned on you? Tell Dare I said Hi!

And for the record, here is my original request, Daniel. Do you note that I had asked to "inspect" the records. Shame on you, Daniel, for lying, but from what I hear, it's what you do best.

Plymouth Community School Corporation

611 Berkley Street

Plymouth, Indiana 46563

Attention: Superintendent Dan Tyree

RE: Public Records Request

Dear Sir,

I would like to request the following public records for review. Please contact me via email or by phone to let me know when the copies are ready for inspection. Thank you for your assistance.

1. COPY OF COMPLETE SET OF SPECIFICATIONS & ALL DRAWINGS FOR TREMCO ROOFING PROJECTS FOR PLYMOUTH HIGH SCHOOL, LINCOLN JUNIOR HIGH SCHOOL, AND JEFFERSON ELEMENTARY SCHOOL

2. LIST OF MATERIALS PURCHASED BY SCHOOL CORPORATION FOR THIS PROJECT

3. COPY OF THE INVOICE FOR THESE MATERIALS

4. COPY OF THE SCHOOLS PURCHASE ORDER & CANCELLED CHECK FOR THESE MATERIALS

5. COPY OF THE ADVERTISEMENT FOR BIDS

6. PROVIDE ANY & ALL MATERIALS, RESEARCH, ETC… SHOWING PROPER DUE DILIGENCE AND BID PROCEDURE FOR PURCHASE OF MATERIALS FROM TREMCO.

Sincerely,

Diana Vice

You might want to review the Code of Ethics for School Superintendents. How many have you violated, Daniel?

THE INDIANA PROFESSIONAL SCHOOL ADMINISTRATOR

Constantly Upholds the Honor and Dignity of the Profession in All Actions and Relations with Pupils, Colleagues, School Board Members, and the Public.
Obeys Local, State and National Laws, Moral Standards, and Gives Loyalty to this Nation and to the Cause of Democracy.
Makes it a Career Responsibility to Master and to Contribute to the Growing Body of Specialized Knowledge, Concepts, and Skills Which Characterize School Administration.
Strives to Provide the Finest Possible Educational Experiences and Opportunities to All Persons in the School Corporation.
Seeks to Preserve and Enhance the Prestige and Status of the Profession when Applying for a Position or Entering into Contractual Agreements.
Carries out in Good Faith All Policies Duly Adopted by the Local Board and the Regulations of State Authorities and Renders Professional Service of High Quality.
Honors the Public Trust of the Position Above Any Economic or Social Rewards.
Does not Permit considerations of Private Gain nor Personal Economic Interest to Affect the Discharge of Professional Responsibilities.
Recognizes That the Public Schools are the Public’s Business and Seeks to Keep the Public Fully and Honestly Informed About Their Schools.

Refuting the Lies Told By Plymouth School Superintendent Dan Tyree to a Radio Station Audience

2011-03-31T15:17:00.009-04:00

Dan Tyree

I was tipped off that Plymouth School Superintendent Dan Tyree would be addressing concerns related to the roofing materials controversy via a local radio talk show this morning. I'm glad I tuned into the program; otherwise, I would not have had the opportunity to refute the lies coming from this charlatan's mouth.

The first words out of Tyree's mouth were boldface lies. Not realizing that I was listening from afar, he began by making fun of my surname and pretending not to know how to pronounce it, even though we had communicated several times.

He laughed at his own joke after referring to me as "Miami Vice." Tyree had also recently initiated a friendship request with me via Facebook and sent me a private message asking if I'd keep anything he told me confidential. I soon realized that he was not interested in pursuing the truth and deleted his two-faced friendship from my Facebook account.

After attempting to convince the radio listeners that I was linked to a particular school corporation critic, he went on to accuse me of plagiarizing my Plymouth-related blog posts. The big whopper of a lie that Tyree told was that he had sent me public records to prove that the school corporation legally bid the roofing materials.

I imagine that Tyree was shocked when I called into the program to confront the falsehoods that he told.

First of all, Tyree knows that he never sent me a single public document. I had requested the bidding documents, but after corresponding via email and speaking with the assistant superintendent on the phone, they agreed to make the documents available for me to inspect, and I was to call when I would be in the Plymouth area.

Secondly, I relayed the fact that I wrote my own blog material, and that when I first raised this issue, I had never heard of the woman whom I was accused of being associated with. Tyree accused me of cutting and pasting my material from this woman's writings; however, the only thing I have ever cut and pasted were the Indiana Code references for the laws that have been flaunted by the school district.

Tyree's attempt at attacking the messenger, because he didn't like the message, fell flat. How can anyone trust a man who will be so bold as to lie about someone in an attempt to discredit them?

Tyree continued spinning a web of lies and deceit. He told the audience that the materials were put out for public bid. Had he forgotten about the February 3, 2011 email he sent me in response to my question about the no-bid purchase?

I had asked him to clarify information that Assistant Superintendent Rodger Smith relayed to me via the phone wherein he said that the school district did not purchase the materials via a public bid process, but rather from the GSA procurement process.

"We purchase products through state-sponsored programs whenever we can," wrote Tyree. "The Governor has suggested strongly that we use state bid programs whenever we can."

This was after I was told by the assistant superintendent that they were "required" to buy proprietary materials for the type of roof they had. This is total hog wash, and they know it!

Blaming the governor won't work either, Mr. Tyree!

Tyree told quite a number of stories about the no-bid purchase to the radio audience today, and I'm here to set the record straight. I do appreciate the publicity, because I'm getting more hits from the Plymouth area than I can keep up with because of it.

After being confronted with the facts that he paid exorbitant prices for roofing materials that could have been purchased for much less, Tyree tried to justify the expense by saying they purchased a quality roof and that he would offer no apologies for spending more money for it. He made an analogy of purchasing a Lincoln rather than an inferior model car.

Are you really that dumb to believe such a thing, Mr. Tyree? It just isn't true, but I suspect you already know that. You're caught in a position now of having to explain to school patrons why you made such a foolish purchase.

I responded by saying that the same quality products could have been purchased from Johns Manville or Firestone for much less while supporting Indiana business interests. Plymouth tax dollars were sent to an Ohio-based roofing manufacturer while Indiana manufacturers were shut out of the competition.

Let's assume for a moment that it was a legal purchase. Giving you the benefit of the doubt, it still doesn't clear up the stupidity of paying $108,000 more for two products that could have been purchased from a Indiana-based manufacturer with a stellar reputation for turning out top-of-line roofing products. Imagine how much could have been saved for the entire purchase!

In addition, I offered information that Johns Manville has three manufacturing plants in Indiana, and had plans to build an additional plant, but because they are being shut out of the competition by these nonsensical no-bid purchases by school corporations, it was consequently moved to a neighboring state along with hundreds of jobs.

Firestone, a world-wide manufacturer of roofing products, is also being shut out of the competition, and its world headquarters is located in Indianapolis, Indiana.

I explained to the listeners that this issue is currently a topic of concern with Indiana business executives, who have turned to legislators and government officials for help in eliminating what they deem to be unfair business practices.

Taxpayers are also complaining since they are the ones who are continuing to get hosed.

I don't expect people like Dan Tyree to agree with everything I say, but is it too much to expect that he at least act like a professional in public? I was appalled by his unprofessional behavior and arrogant attitude, and it's just more proof that educators are not competent or capable of running multi-million dollar corporations.

When Tyree and others treat taxpayers rudely by attacking them personally, and when they make unsound business decisions, such as the one described, it's time to reconsider the idea of replacing them with real businessmen.

If Donald Trump were running the Plymouth School District, I have no doubt that Daniel Tyree would be fired!