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School District Denies Whistle-Blower Allegations, Offers A Few Of Its Own Against Embattled CFO

Beau Musser
Beau Musser

The St Joe School District and three officials being sued by the district’s former chief financial officer deny that he lost his job for blowing the whistle on stipends.

In an answer filed electronically on Friday, June 13, attorney Thomas Mickes offers what he calls the other side of the story. The defendants deny all of the contentious allegations in Beau Musser’s lawsuit, and level a few allegations of their own.

“Maybe for the first time there’s some balance to the discussion, and the board and the other defendants have an opportunity to present their side of the story,” Mickes said in an interview, “and, I hope people will withhold their judgment until they see all the facts.”

“There’s ethical obligations about litigating the lawsuit in the media, and I don’t do that,” Mickes said. “And now both sides have had their say, and we go forward.”

Musser filed the lawsuit against the district, claiming in part that by his second day on the job, he’d uncovered a host of unethical and possibly illegal financial payments made to top administrators without the approval of the school board (read more here).

Musser insists he brought his concerns to the attention of Superintendent Dr. Fred Czerwonka, but was told they would not seek school-board approval for the stipends. Musser claims the district’s legal counsel advised him to ask Czerwonka one more time to alert the board before going public himself, which he did.

After the details of the stipends went public, administration officials brought a number of those stipends to the board’s attention for approval.  But by then Musser had been placed on administrative leave. He claims wrongful termination and breach of contract, because the district failed to renew his contract without a hearing. His lawsuit also claims he’s been the victim of slander and defamation of character.

It names the St Joseph School District, Dr. Czerwonka, Human Resources Director Doug Flowers, and School Boardmember Dennis Snethen as defendants.

The defense takes a curious position on Musser’s contract. On one hand, the defendant’s assert that as a condition of employment, Musser was required to have a teaching certificate, but did not. They claim that makes the contract null and void, and insist that Musser is not under contract with the district.

But they also assert that Musser has not been terminated, and in fact remains on administrative paid leave.  Musser would not comment on the district’s filing.

The defendants deny that Musser was threatened with sexual-harassment charges if he didn’t accept a separation agreement, as he claims in the lawsuit. But the filing does go on to make sexual harassment allegations. It also asserts that the exchange over the separation agreement was part of a privileged settlement conversation, and thus was confidential.

The filing asserts legal protections ranging from attorney-client privilege to the qualified immunity granted to some public officials. It challenges any demand for damages, and specifically singles out punitive damages for a series of legal challenges.

Judge Randall Jackson currently has the case on the docket in August for a trial setting.

Click here for your pdf copy of the school district’s reply.

You will need to reference the original lawsuit to understand some of the entries. Click here for a pdf copy of the lawsuit.

New Study: Mammograms may cut breast cancer deaths by 28%

Screen Shot 2014-06-18 at 11.52.46 AMMARIA CHENG, AP Medical Writer

LONDON (AP) — In the latest major study to consider whether the dangers of mammograms outweigh the benefits, experts say the tests can reduce the chances of dying from breast cancer by nearly 30 percent and that national screening programs should continue.

The debate over the value of mammograms has raged in recent years.

A British review in 2012 concluded that for every life mammograms save, about three other women are unnecessarily treated for a cancer that would never have threatened their lives. In February, a rigorous Canadian paper covering older methods of screening that followed women for more than two decades suggested mammograms don’t lower the risk of dying from breast cancer.

In the new observational study, researchers tracked all Norwegian women aged 50 to 79 between 1986 and 2009, just as a national screening program was getting underway. Scientists used a model to estimate breast cancer death rates in women invited to get a mammogram as part of the government-funded program and in those who weren’t included yet. They said about 76 percent of women offered a mammogram actually got it.

The researchers estimated about 368 women need to be given a chance to have a mammogram to prevent one death from breast cancer and that screening reduces breast cancer deaths by about 28 percent — similar to what many other studies about mammography have concluded.

The research was published online Tuesday in the British journal, BMJ and was paid for by the Norwegian Research Council.

“Mammograms do provide some benefit, but the problem is the screening is so sensitive it captures tumors without malignant potential,” said Lars Vatten of the Norwegian University of Science and Technology, one of the study’s authors.

Vatten said improved treatments for breast cancer were also lowering death rates in developed countries, making mammograms less important since even cancers caught later are sometimes still treatable.

He said the benefits of getting a mammogram justified ongoing national screening programs but that women should be given more information about the potential harms, like having unnecessary treatment including surgery and chemotherapy.

In many Western European countries, women are offered mammograms every other year from age 50 to 70. In the U.S., a government-appointed task force recommends the screening start at 50 while the American Cancer Society recommends yearly mammograms from age 40.

“To tell women not to have a mammogram is probably an overreaction but we are becoming more certain screening has significant harms,” said Russell Harris of the University of North Carolina, who co-authored an accompanying editorial. He said the paper’s estimate that being offered a chance to get a mammogram reduces breast cancer deaths by almost 30 percent was an overestimate because of the uncertainties in the model.

“Getting a mammogram is something that women should be given a choice about,” Harris said. “It’s reasonable to decide not to do it.”

Scientist gets World Food Prize for wheat advances

 2014 World Food Prize Laureate Dr. Sanjaya Rajaram
2014 World Food Prize Laureate
Dr. Sanjaya Rajaram

DAVID PITT, Associated Press

DES MOINES, Iowa (AP) — A crop scientist credited with developing hundreds of varieties of disease-resistant wheat adaptable to many climates has been awarded the 2014 World Food Prize.

Sanjaya Rajaram, who was born in India and is a citizen of Mexico, wins the $250,000 prize founded in 1986 by Norman Borlaug, who was the recipient of the Nobel Peace Prize in 1970 for boosting agricultural production in what has become known as the “Green Revolution.”

Rajaram worked with Borlaug and continued his work developing 480 wheat varieties that have been released in 51 countries on six continents.

The announcement was made in Washington by Kenneth Quinn, the head of World Food Prize. Rajaram will receive the award in an Oct. 16 ceremony in Des Moines, where the World Food Prize is based.

 

Kansas high court orders hearing in sperm donor case

Sperm donor William Marotta
Sperm donor William Marotta

TOPEKA, Kan. (AP) — The Kansas Supreme Court has ordered Shawnee County District Court to hold a hearing to determine if genetic testing of sperm donor is in the best interest of the child the donor allegedly fathered.

The court’s decision negates Shawnee County court ruling that ordered the sperm donor, William Marotta, to be tested to determine if he’s the father of the now 4-year-old girl born to a lesbian couple after Marotta donated his sperm.

The state wants Marotta to be responsible for about $6,000 in public assistance the state provided, as well as future child support.

The Topeka Capital-Journal reports the court said in a ruling released Friday that Kansas law dictates that the best interests of a child must prevail in determining parental rights and obligations.

 

State finalists for math and science teaching excellence awards named

TOPEKA – The Kansas State Department of Education today announced the 2014 state finalists for the Presidential Awards for Excellence in Mathematics and Science Teaching during a ceremony held at the Kansas Cosmosphere and Space Center in Hutchinson. These awards represent the nation’s highest honor for mathematics and science teaching.

Kansas-State-Board-of-Education

The 2014 state finalists for mathematics are:

• Michelle Kelly, Basehor Elementary School, USD 458 Basehor-Linwood,
• Anne Sobba, Nieman Elementary School, USD 512 Shawnee Mission
• Kandy Williams, West Elementary School, USD 320 Wamego.

The 2014 state finalists for science are:
• Elaine Colvin, Humboldt Elementary School, USD 258 Humboldt
• Brandi Leggett, Prairie Ridge Elementary School, USD 232 De Soto
• Clayton Schrader, West Indianola Elementary School, USD 345 Seaman

The Presidential Awards for Excellence in Mathematics and Science Teaching are presented to educators who show a high degree of knowledge, innovation, skill and leadership. Elementary and secondary educators are recognized in alternating years. This year, elementary educators are being recognized. Kansas had 12 mathematics nominees and 9 science nominees (a list of all nominees is included). Each of the finalists receives a $500 cash award and will go on to compete for a national finalist title. Two educators from each state, one in the area of mathematics and one in science, may be named national finalists next spring. Each of the national finalists will receive an award of $10,000.

The awards ceremony was part of a two-day conference open to the nominees and other members of the Kansas Exemplary Educators Network. The conference, which took place Monday and Tuesday at the Kansas Cosmosphere & Space Center in Hutchinson, included presentations from leading Kansas educators, Westar Energy and the Kansas Cosmosphere.

Two northwest Kansas educators were nominated for the science award: Terra Keeten of Phillipsburg Elementary School and Tamara Wynn of Trego Grade School.

New report analyzes Obamacare marketplace’s competition, choice

Subsidies mean most people who went through exchange pay less than $100 a month

By KHI NEWS SERVICE

WASHINGTON — A new report analyzing health plan enrollment through the federal Health Insurance Marketplace shows that most people who signed up — about 70 percent — are paying less than $100 per month for coverage after their advance tax credits are accounted for and nearly half those who enrolled are paying less than $50 per month.

health care reform

The online marketplace or exchange was launched Oct. 1, 2013, but because of technical difficulties and low public awareness most people who signed up did so in the weeks approaching the March 31 open enrollment deadline.

More than 8 million people nationwide selected plans through the marketplace, according to the report.

Federal subsidies to buy in the marketplace are available to those who don’t have employer-based coverage options and earn between 100 percent and 400 percent of federal poverty guidelines.

Senior officials from the U.S. Department of Health and Human Services described the report in a teleconference Tuesday with news reporters. They answered questions on condition they not be identified other than as “senior HHS officials” but never clearly explained why they felt they needed anonymity other than that they wanted to make themselves available to answer questions about the study ahead of its official release to the public early today.

The report did not include information about the coverage costs of people who signed up for plans through the various state-run exchanges. Federal officials said those numbers weren’t yet available from the states. Two of the larger states, California and New York, had their own exchanges. Kansas was among the more than two dozen states that opted to let the federal government operate the marketplace instead of developing their own.

The Affordable Care Act, commonly known as Obamacare, required that marketplace plans be available in every state, and HHS officials encouraged each state to operate its own. But Kansas Gov. Sam Brownback was among the Republican state leaders who defaulted to the federal marketplace as part of their opposition to the federal health reform law.

Among the report highlights:

The average premium paid after tax credits for the most popular plans — silver level — was $69 per month with a corresponding average monthly tax credit of $276.

“The new tax credits are working as intended,” one of the HHS officials said.

Of those eligible to purchase a marketplace plan, 82 percent lived in a rating area with between three and 11 issuers; 96 percent lived in areas with at least two issuers. Two states, New Hampshire and West Virginia, each had only one issuer. New York had 16 issuers, more than any other state.

The officials said they didn’t know how the numbers might change once information is received from the state-run exchanges.

“We’re analyzing the data as fast as we can get them in,” one said. “Until then we can’t speculate a lot on how it’s going to shake out.”

No injuries reported in Nebraska’s second straight night of twisters

Tornado 2OMAHA, Neb. (AP) — No injuries have been reported after a night of tornadoes in parts of northern and northeast Nebraska.

The Nebraska Emergency Management Agency says a suspected twister damaged farmsteads near Coleridge and in the Laurel and Hartington areas on Tuesday. Coleridge sits about 35 miles north of Pilger, which was heavily damaged by a tornado on Monday. Two people were killed.

The National Weather Service also says tornadoes touched down Tuesday night in northwest Nebraska’s Cherry and Hooker counties. The service says it received reports that a semitrailer was overturned and a car was blown over.

Sheriff’s dispatchers in both counties say they’ve heard no reports of injuries.

Missouri River Rising; Corps Cuts Releases

sjsm7_hgAfter heavy rain in the Missouri River Basin, the Corps of Engineers is reducing releases from Gavins Point Dam to lessen the flood risk downstream. Releases will drop from the current 30,000 cubic feet per second to 12,000.

The Missouri River is up sharply in Saint Joseph, rising nearly six feet from Tuesday morning to Wednesday morning. It was still a foot below flood stage Wednesday morning, but it’s predicted to rise above the 17-foot minor flood stage by Thursday night, crest at 20.5 feet Friday night, then drop a little and crest at just over 22 feet next Tuesday.

Chiefs’ Houston no-show for mandatory minicamp

Justin HoustonKANSAS CITY, Mo. (AP) – Pro Bowl pass rusher Justin Houston was a no-show Tuesday on the first day of the Kansas City Chiefs’ mandatory three-day minicamp.

Houston, who is entering the final year of his contract, also skipped three weeks of voluntary workouts. He is due to make about $1.4 million this season.

In other news, tight end Travis Kelce, wide receiver Kyle Williams and cornerback David Van Dyke did individual workouts but were mostly limited. Kelce is coming off knee surgery, Williams a torn ACL and Van Dyke a hamstring injury.

Cornerback Sean Smith was absent with an illness, and rookie running back De’Anthony Thomas appeared to overheat in the hot, humid weather. He spent several minutes slumped in the shade before being escorted to the locker room.

Ambulance Service Takeover Still On Target July 1

RT Turner
RT Turner

Buchanan County is on track to take over the Heartland ambulance service July 1, as scheduled. Presiding Commissioner RT Turner says the transition should pass unnoticed, except for one thing: the name on the ambulances will be Buchanan County EMS rather than Heartland EMS.

The official name of the service is REMSA, which stands for Regional Emergency Medical Services Authority, but it will do business as Buchanan County EMS. Turner says it’s a more familiar name than REMSA.

Turner’s goal has been to make this a seamless transition. He thinks it will be, though he says there may be a hiccup or two.

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