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IPIB won’t pursue charges against a western IA City

News

January 16th, 2015 by Ric Hanson

The Iowa Public Information Board found Thursday the Pacific Junction City Council failed to keep adequate records of public meetings but used its administrative discretion to not pursue charges for those violations. The Daily NonPareil says members of the IPIB approved a remediation plan with Pacific Junction to resolve a complaint brought by Councilman Earl Smith, who had an initial complaint dismissed but sparked new concerns based on a Sept. 2nd meeting.

Former IPIB Executive Director Keith Luchtel found the council had “ongoing actions” that appeared to be violations of Iowa Code as well, including “vague and non-descriptive agenda, votes on matters not on the agenda and deliberation on matters not on the agenda,” according to a report. The council acknowledged “prior minutes and agendas lacked items discussed or were insufficiently described” as required by Iowa Code, according to a remediation plan approved by the public body and the IPIB. An IPIB report said the council acknowledged “non-emergency discussions and votes” took place at meetings that were not listed on publicly distributed agendas.

The plan, which was approved by the IPIB on Thursday afternoon, requires all council members, the city clerk and the mayor of Pacific Junction to review training provided on the IPIB website. The board will also provide council members copies of reference materials. Pacific Junction also pledges to “strive to describe future agenda items” sufficiently enough to meet legal requirements.

Complaints against Red Oak School District resolved in a heated forum

News

January 16th, 2015 by Ric Hanson

A contentious series of complaints against the Red Oak Community School District were resolved Thursday afternoon, but not before new allegations and heated testimony were brought before a state agency. According to the Daily NonPareil, the Iowa Public Information Board closed the books on three complaints after the Red Oak district submitted documentation of its completion of requirements of a remediation plan approved in October. However, all three complainants expressed concerns in letters submitted to the IPIB as part of a report provided to the agency’s board members.

Jedd Sherman and Margaret Stoldorf called attention to a Dec. 15 school board meeting – held after board members received training from the Iowa Association of School Boards – where they describe a “huddle” of board members during a recess prior to a vote on a $13 million high school project. Stoldorf, who spoke at Thursday’s meeting, said the Red Oak school board should have had the conversation in open session.

Red Oak Superintendent Terry Schmidt said he was part of that discussion among three board members and two district officials. He said the exchange was “innocuous,” asking who should respond to questions from the public about the proposed facility project. But when a radio station representative challenged the discussion, they agreed they should reconvene in open session. A call was placed to the IPIB following the meeting to report the incident and solicit guidance, according to both district and IPIB officials.

Addressing a separate matter, Sherman said he was unsatisfied with the process because he never could access the rationale the board had to consider terminating his contract as principal of Red Oak High School. Sherman eventually resigned as principal, accepted a settlement payment and took a job teaching at St. Albert High School.

Don Rogerson, the third complainant, asked the IPIB to consider the “paradox” of needing to know which of a series of closed sessions contained an inappropriate discussion to successfully object to the meeting. Those letters – along with the fact the IPIB solicited the input – drew a sharp reaction from Rick Engel, an attorney representing the Red Oak district. He said the agency was sending a different message to public bodies, one inviting prejudice of the school board’s actions.

Engel said he questioned using those who file complaints to monitor compliance with remediation plans, which he said should be up to the IPIB itself. In the Red Oak cases, the complainants had already approved of the plan. In the final report for the cases, IPIB Deputy Director Margaret Johnson said any future violation of open meeting requirements by the Red Oak school board should be viewed as done knowingly, which could carry additional consequences.

Engel said the language suggests the district is not trusted. He asked if that was what the IPIB intended to do and whether it’s fair to do so. Johnson clarified during and in an interview after Thursday’s meeting that she intended that comment to be a notice the board has now had training, but she said determinants an action was knowingly done would not be automatic.

In response, Engel said he was happy with the board’s decision to dismiss the three cases as resolved and not use the “knowingly” language in its orders. Schmidt, the Red Oak superintendent, said the district has learned from the process.

No decision yet on a motion for a new trial in the Robert Reynolds murder case

News

January 16th, 2015 by Ric Hanson

Attorneys for Robert Reynolds argued for a new case at a hearing Thursday afternoon, but the judge didn’t issue a decision on the request. The Daily NonPareil reports in a trio of motions, defense attorneys questioned the admissibility of a voice recording entered as evidence during Reynolds trial, questioned statements by Pottawattamie County Attorney Matt Wilber and questioned the jury selection process. Fourth District Court Judge Greg Steensland listened to arguments Thursday and is expected to make a decision today (Friday) or Monday.

In late November, a jury convicted the 63-year old Reynolds of first-degree murder for the death of 64-year old Patricia Kinkade-Dorsey, of Atlantic. Around 3 a.m. on April 8 at his Oakland home, Reynolds fatally shot Kinkade-Dorsey just above the right eye with a 9-millimeter handgun. Kinkade-Dorsey was a friend of Reynolds’ wife, Theresa, and was staying at the couple’s home.

The three had spent the previous evening drinking with the Reynolds’ neighbors, who left around 10:30 p.m. Around 3 a.m. Theresa Reynolds awoke to find her husband screaming at Kinkade-Dorsey in the kitchen. The fight escalated and ended with Robert Reynolds shooting Kinkade-Dorsey.

Joseph Reedy, who defended Reynolds with Eric Nelson, told Fourth District Court Judge Greg Steensland that a call allegedly made by Reynolds to his family after his arrest shouldn’t have been allowed at trial. The motion for arrest of judgement, asks the court to stop the judgement against the defendant.

At trial, during testimony from Pottawattamie County Sheriff’s Office Sgt. Rob Ambrose the prosecution played a jailhouse call from Reynolds to his mother and stepfather’s home. Ambrose had instructed crime scene technician Katie Pattee to pull audio from the call, which Reynolds made around 11:30 a.m. while in the holding section of the jail on April 8. As they did at trial, the defense argued that to verify the veracity of the call, the prosecution should’ve called an employee with the contractor that handles such recordings for the jail to testify.

During the trial, Steensland ruled that the call and Pattee’s testimony about the call would be allowed. Reynolds’ other attorney, Nelson, then made two other arguments as part of a motion for a new trial.The last argument centered on the jury. Nelson said that the jury selection process – culling jurors from east Pottawattamie County – systematically excluded minorities from the jury. He cited precedent that the defendant need not be a different race to file a complaint about a lack of minorities on a jury.

Steensland told the court he’d take the motions under advisement and make a decision in the coming days.

Iowa early News Headlines: Friday, 1/16/15

News

January 16th, 2015 by Ric Hanson

Here is the latest Iowa news from The Associated Press

OMAHA, Neb. (AP) — A monthly survey of bankers suggests the economy will remain weak in rural parts of Iowa, Nebraska and eight other Midwestern states due to low grain and oil prices. Creighton University economist Ernie Goss in Omaha says growth is being restrained in rural areas because of low corn and fuel prices. But bankers say ethanol plants haven’t slowed production much.

DES MOINES, Iowa (AP) — Chris Branstad, Iowa’s longest serving first lady, will appear in formal wear at the inaugural ball Friday, but no new doll will be made to commemorate the occasion. A popular attraction at the Iowa Capitol is a case displaying dolls of all the first ladies wearing their inaugural gowns. The state has featured these likenesses since 1976. The tradition was begun by former first lady Billie Ray.

DUBUQUE, Iowa (AP) — A 25-year-old Dubuque man has been given 120 days in jail and two years of probation for a fatal accident with a pedestrian last spring. The Telegraph Herald reports that Alex Hannan on Wednesday was sentenced to a year in jail, with all but 120 days suspended. He’d been convicted of driving while intoxicated.

OMAHA, Neb. (AP) — The amount of water flowing into the Missouri River this spring is expected to be close to normal levels. The U.S. Army Corps of Engineers says it expects 25.6 million acre feet of water to flow into the Missouri River this year. Typically, the river receives 25.2 million acre feet of water.

Harlan Police report (issued 1/15/15)

News

January 16th, 2015 by Ric Hanson

Officials with the Harlan Police Department, Thursday, released a report on recent arrests and incidents. Authorities say on Monday, 32-year old Anne Criswell, of Lincoln, NE., was arrested on an active warrant out of Mills County for assault. She was taken to the Shelby County Jail and later turned over to Mills County.

Last Sunday, Harlan Police arrested 24-year old Shanae Hytrek, Harlan, after officers were called to a disturbance in the 1000 block of 6th Street. Hytrek was transported to the Shelby County Jail where she was charged with intoxication in public. That same day, 48-year old Thomas Carney, of Harlan, was taken into custody following a traffic stop. Carney was transported to the Shelby County Jail where he was charged with operating a motor vehicle while intoxicated, possession of a controlled substance, prohibited acts penalties, failure to have a valid driver’s license, and open container – driver.

On Saturday (Jan. 10th), 23-year old Kayla Strong, and 35-year old Jason Andersen, both of Irwin, were arrested on active Pottawattamie County warrants for burglary. Both subjects were transported to the Shelby County Jail.

On Jan. 9th, Harlan Police officers responded to a call by a concerned subject in reference to drugs possibly being used in an apartment where a small child was an occupant. As a result of the investigation, 19-year old Marcus Morgan, of Harlan, was arrested and charged with possession of a controlled substance, possession of drug paraphernalia, and prohibited acts penalties. The case involving the child was referred to the Department of Human Services.

On Jan. 7th, officers were called to the 2100 block of 9th Street for a vehicle that had gone out of control striking a utility pole, phone pedestal, and several mailboxes. As a result of the investigation, 34-year old Clayton Sorensen was cited for driving under suspension, fail to prove security against liability (accident), operating a non-registered vehicle, and failure to maintain control.

And as we had reported last week, on Jan. 5th, 41-year old Kenneth Kokemiller, of Perry, was taken into custody after a pursuit through the city of Harlan and south on Highway 59 that ended in a roll over crash. Kokemiller was found to be driving a stolen vehicle belonging to Michael Schnurr, of Rowland, IA. Kokemiller was transported to Myrtue Medical Center where he was treated and released to law enforcement. He was then transported to the Shelby County Jail where he was charged with 2 counts of speed, 2 counts of failure to obey stop signs, driving while suspended, trespass, reckless driving, possession of stolen property and eluding.

Hog confinement fire northeast of Shelby Thu. night

News

January 15th, 2015 by Ric Hanson

Firefighters from Shelby, Harlan, Avoca, Minden and Elk Horn were called to the scene of a hog confinement facility fire northeast of Shelby, Thursday night. A motorist passing by reported the fire at 515 Hazel Road, south of County Road F-58, just before 8-p.m.

Authorities on the scene reported at around 8:07-p.m. that the structure was fully engulfed and the roof had collapsed.

No other details are currently available.

Lottery worker faces fraud charges in mystery Hot Lotto case

News

January 15th, 2015 by Ric Hanson

DES MOINES, Iowa (AP) — Iowa officials say a lottery employee has been arrested after being identified as the mystery winner of a multimillion-dollar Hot Lotto ticket that baffled investigators for years. The Iowa Division of Criminal Investigation said Thursday that 51-year-old Eddie Raymond Tipton, of Norwalk, faces two felony counts of fraud. He is being held at the Polk County Jail.

Tipton is the security director for the Multi-State Lottery Association in Iowa. Officials say he bought the Hot Lotto ticket in 2010, despite being legally prohibited. He is accused of asking others to claim the ticket. A New York lawyer in 2011 waited shortly before the one-year deadline to try to claim the ticket but later withdrew. Authorities say the case remains under investigation.

A weather warm-up means it’s time to start yard work

Ag/Outdoor, News

January 15th, 2015 by Ric Hanson

Forecasters predict a warm-up with highs in the 40s and 50s tomorrow (Friday) for much of southern and central Iowa, which presents an opportunity for homeowners to get a jump on their spring lawn care duties. Extension educator John Fech says much of the region had very dry weather heading into winter and dormant plants could likely use a drink. Fech says, “If you have a chance, prioritize and pick out the plants that are most important to you, roses or shrubs, and attach a soaker hose temporarily on days when you’re 40 degrees or above.”

Make sure to disconnect and drain the hose when you’re done, he reminds, to prevent plumbing problems when it freezes again. When it’s bitter cold, he says it’s better if you don’t walk on your lawn at all, as that crunching grass underfoot will have a hard time recovering.  “Forget about those little trips out to fill the bird feeder and to dump stuff on the compost pile,” Fech says. “Generally, it’s a good idea to stay off of frosty turf. Sometimes, those things will injure the crown of the plant.” Don’t step on your frozen grass, he says, unless you absolutely can’t avoid it.

“If you have to do it, go ahead and do it, but keep in mind that you may have a strip of turf or some footprints through the turf that aren’t doing so well in the spring,” Fech says. “If that’s the case, those just might take a longer time to recover.” The National Weather Service is calling for high temperatures in many parts of Iowa to rise Friday and Saturday to unseasonable highs in the 40s and 50s, while highs are predicted to slip back into the 30s next week, with lows back in the teens.

(Radio Iowa)

Ernst to deliver GOP response to Obama’s State of the Union address

News

January 15th, 2015 by Ric Hanson

Iowa’s rookie U.S. Senator is getting a prime speaking slot next week. Republican congressional leaders have picked Iowa Senator Joni Ernst to deliver the Republican response to President Obama’s “State of the Union” address next Tuesday. This is the first time G-O-P leaders have asked a first-year senator to speak in the prime time slot. Senate Republican Leader Mitch McConnell says Ernst understands that middle-class Americans want Congress “to get refocused on their concerns.”

Ernst released a written statement, saying congress must “implement real solutions” that “grow a vibrant economy…and ensure the federal government beings to run more effectively and efficiently.” The televised response to the president’s annual “State of the Union” speech is carefully crafted and has lately been used by whichever party does not hold the White House as a forum to showcase its future leaders.

Last year Ernst captured the attention of the nation’s political class with a campaign ad touting her hog castration skills. Senator Marco Rubio and Louisiana Governor Bobby Jindal have both delivered the Republican response during President Obama’s presidency and both are now considered possible presidential candidates in 2016.

(Radio Iowa)

Council Bluffs Low Vision Support Group moves forward

News

January 15th, 2015 by Ric Hanson

A new vision loss support group continues to gather momentum as it prepares to hold its third meeting. The Low Vision Support Group will again meet at The Center at 714 Main Street in Council Bluffs on Tuesday, January 20 at 1:00 p.m. The agenda for this meeting includes discussion about group leadership, an appeal for volunteers to call members with phone reminders about upcoming meetings, and sharing topics of interest to feature at future meetings. The group also aims to establish a regular meeting time and date.

In addition, applications will be available for people to sign up for the City of Council Bluffs’ transportation service, Council Bluffs Special Transit Service (STS). Dawn Kruse, Rehabilitation
Teacher with the Iowa Department for the Blind, is providing assistance to the group during its formative phase.

The Council Bluffs group is one of several support groups throughout the state that aim to connect those with vision loss in local communities. The groups provide an opportunity for blind or visually impaired Iowans to share ways of doing everyday tasks non-visually, provide support to each other, and participate in fun activities. Support groups generally meet once a month.

For a list of vision loss support groups in the state of Iowa, visit the Iowa Department for the Blind webpage at: http://www.idbonline.org/living/support-groups. People of all ages and from all communities interested in learning more about living with vision loss are encouraged to attend.For more information, contact Dawn Kruse at (712) 355-2843.