[Vision2020] Breaking News: Judge Does Not Dismiss theMSDLawsuit

Sun Jul 8 11:47:46 PDT 2007

Tommy,

  I really wish you would allow me to pay off my student loans before devaluing the UI degree with your public emails. Yes, the federal government is a representative republic. But it is also a constitutional democracy. PLEASE educate yourself before writing your knee jerk reactions.

  http://en.wikipedia.org/wiki/Constitutional_Democracy

  . http://en.wikipedia.org/wiki/Republic

  The school district is a constitutional democracy. It is governed by both a state constitution, and the vote of the people, not just one or the other. 

  "If the 1992 levy election was illegal, why wait fifteen years to file a complaint?"

  The 1992 election wasn't illegal, it was just too long ago to be a true representation of the will the people. Many people living in the MSD have come, gone, and changed their minds. At some point in time in the last 13 years an election should have taken place.  

  The reason it is still relevant is because they are still taking and spending the money today. If they did it once in 1995 and stopped, it wouldn't be an issue. But if the taking of the money from the private citizens of Moscow is a crime and is still taking place today it is still relevant today. 

  Government officials that take a portion of our paychecks need to be held accountable more frequently than every 15 years.

  Why has it taken 15 years you ask? Well, I think that most people in Moscow are extremely supportive of education and understand it takes funding to provide a quality education. However, after a decade or two of abuse and mismanagement eventually even the people of Moscow will start to start to ask for some level of accountability. 

  The politics of Moscow is such that anyone that appears to be against the current practices of UI or MSD they get shunned and defunded. Could you image Tom Trail or Shirley Ringo saying anything critical at all of the MSD or UI? I don't think so, they know which side of their bread is buttered on. Just take a look at who contributes to their campaign funding.

  Dr. Wietz took courage to do what is right even though he knew all politicians and public officials would attack his business and reputation. No matter how this comes down Dr. Weitz will be losing out socially, economically, and politically.  But I hope he is successful in bucking the political system to do what is right.   

  Best,

  Donovan

  Tom Hansen <thansen at moscow.com> wrote:
        v\:* {behavior:url(#default#VML);}  o\:* {behavior:url(#default#VML);}  w\:* {behavior:url(#default#VML);}  .shape {behavior:url(#default#VML);}        st1\:*{behavior:url(#default#ieooui) }                Arnold continues to misinform us:

  “We live in a constitutional democracy.”

  Wrong, Arnold.  We live in a representative republic, or do you merely mouth the words to the Pledge of Allegiance without understanding them.

  “I pledge allegiance to the flag of the United States of America and to the REPUBLIC [my emphasis] for which it stands, one nation indivisible with liberty and justice for all.”

  As far as the 1992 levy election being illegal is concerned, perhaps somebody should ask Dr. Weitz (or you):  If the 1992 levy election was illegal, why wait fifteen years to file a complaint?

  I am certain that there is a statute of limitations attached to such a complaint.  There is a reason why statutes of limitations are in place.  They prevent people from filing complaints years and years later merely because things aren’t going there way.

  Why doesn’t Dr. Weitz follow the example of another local resident and bring it before the city council (or, more appropriately, the state board of eduction) and claim religious persecution?

    Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho

"We're a town of about 23,000 with 10,000 college students. The college students are not very active in local elections (thank goodness!)."

- Dale Courtney (March 28, 2007) 

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

  From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com] On Behalf Of Donovan Arnold
Sent: Saturday, July 07, 2007 9:27 PM
To: Bill London; Sue Hovey; vision2020 at moscow.com; keely emerinemix
Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss theMSDLawsuit

    It isn't surprising to me that Bill would vote for a tax increase. However, it is surprising that he would want the results from an illegal election to stand. 

    We don't live in an absolute democracy. We live in a constitutional democracy. That being, the minority has rights even if Bill doesn't want them to. The minority in this case being property owners. 

    If the election was legal, the votes should stand. If the election was illegal, I would hope that Bill would want the illegal election to be deemed null and void. 

    Best,

    Donovan

Bill London <london at moscow.com> wrote:

      Can the Moscow School District really overturn the results of the recent levy election?

    Would it be legal for the district officials to overthrow the vote of the district patrons?

    I voted in favor of the levy, and I do not want the district officials to toss out that vote.

    BL

      ----- Original Message ----- 

    From: Donovan Arnold 

    To: Sue Hovey ; vision2020 at moscow.com ; keely emerinemix 

    Sent: Saturday, June 30, 2007 8:56 PM

    Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss the MSDLawsuit

    Sue,

    I think that it was a victory for the people of Moscow because standing is hard to obtain as a private citizen against the government. In fact, I think it was the hardest segment of this case. To me, and I think most reasonable people, it would seem unfair for the MSD to be able to get a 2/3 vote in 1992 and not have to take another vote till 2992. There should be a limit on how long that vote on tax collection can last. I think every 2-8 years a new vote should be taken. I am willing to bet any reasonable judge will agree. 

    So this is a big win, because it assures that MSD will likely lose based on the current law and the reasonable assumption that judges will believe there is some type of limit on how long a school district can go before having to seek a 2/3 voter approval for tax collection. 

    This forces MSD to go to voters, or lose everything. The unfortunate question here is, will MSD administrators rather lose everything or face the voters? I fear that they will not take another vote, they will just let the system go down. I also fear that these recent cuts will not be made fairly and logically but based on personal, political and incompetent decisions of the current MSD administration. Fact is cuts can be made without hurting academic education. However, I think MSD administrators will be sure to make the cuts so they do hurt the children academically as much as possible for political reasons in an vengeful attempt to try and get public support to increase their fat salaries and wasteful government spending habits. 

    In either case, I believe if MSD administrators actually made a good decision regarding this case for what is in the best interests of students, it would be a first for them in long time. 

    Best,

    Donovan 

Sue Hovey <suehovey at moscow.com> wrote:

      I went to the hearing yesterday, and came out satisfied.  All along the lawyers I had talked with said Weitz had standing and they did not think the judge would rule any other way. There was speculation that any other ruling would simply have meant Weitz would appeal and very likely been sustained on appeal.  That would have taken lots of time.  It really isn't Weitz 1 and MSD 0.  The tenor of the hearing and Judge Bradbury's explanation seemed reasonable to me, even though I was hoping for the other outcome, too. Additionally, the summary judgement coming up in August could be the end of it.  

    Donovan, I am a bit surprised you are so elated.  If you had been at the hearing I believe you might not have felt it was a win for Weitz, just a declaration he has the standing to continue.  The judge made it very clear several times he was not speaking to the merit of the suit, only to the issue of standing.  It will be he who deals with the summary judgement in August.  I think the resolution will come on that day.  That seemed to be the judge's intent. 

    One item of interst to me:  the Pocatello lawyer hired by Weitz seems to make suits against school districts and cities one of his major efforts.  He was quite articulate and referred several times to suits such as these which he had been involved in.  Made several of us wonder if his fees might be underwritten by some out-of-state anti tax group.  Weitz' local lawyer, Brian Thie, never said a word, although Bradbury gave him the opportunity.  

    Anyway, on to the August hearing.  Cuts have been made in academic programs and I think they plan to increase the fees for participation in sports and other activities, so from his perspective I'm sure Weitz feels happy about this impact for which he can take all the credit. 

    Sue H.  

      ----- Original Message ----- 

    From: keely emerinemix 

    To: heirdoug at netscape.net ; vision2020 at moscow.com 

    Sent: Friday, June 29, 2007 3:58 PM

    Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss the MSD Lawsuit

  Doug writes, "Well, what do you know?" at the news that Judge Bradbury has determined that Jerry Weitz has legal standing to continue his suit against MSD.  Snarkiness is presumed.

Well, Doug, here's what I know:  This is not the ruling I would have liked, but it means just what it means.  That is . . . Weitz has legal standing to continue his suit.  That's all.  It doesn't mean that the suit itself has merit, and it doesn't mean that Weitz was acting in the best interest of his community.  And I know this, Doug:  The judge can rule on the former, but not on the latter.  And you are unqualified to judge on either.

Now, I'm also not qualified. But from what I know -- likely a bit more than you do -- I think the suit operates on a faulty premise and is insincere in its execution and intent, but I'm willing to let the court judge 'til the end.  THE END, Doug, THE END.  This isn't it.

keely

"And these women that you spit on as they try to change their worlds/
Are immune to your consultations . . . they're quite aware of what they're going through"
(With apologies to David Bowie)

> To: vision2020 at moscow.com
> Date: Fri, 29 Jun 2007 18:25:58 -0400
> From: heirdoug at netscape.net
> Subject: [Vision2020] Breaking News: Judge Does Not Dismiss the MSD Lawsuit
> 
> 
> 
> Second District Judge John Bradbury determined that Jerry Weitz does 
> have standing to bring the lawsuit against Moscow School District. The 
> judge did not dismiss the case, as MSD requested.
> 
> 
> 
> Published Friday, June 29, 2007 1:59 PM by Right-Mind
> 
> 
> 
> 
> 
> Well what do you know, Moscow.
> 
> 
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