Polk County Enterprise (Livingston, Tex.), Vol. 110, No. 8, Ed. 1 Sunday, January 26, 1992 Page: 1 of 60
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V V
Economic
Review
Section
Polk County
IEIT AVAILABLE COPY
EN1
Southwest Micropublishing Inc55
2627 E-Vandel1
El Paso Tx 79903
Comp
W
Sunday,
Jan. 26, 1992
Vole me 110 Numbers
The DomieaBt Newsaad Advertising Source in Poll County
UPSP 437-340 Price: 25 cents
Ambulance
review set
LIVINGSTON - County-wide
ambulance service proposals will
be reviewed during Monday’s
regular meeting of the Polk County
Commissioners’ Court. The couh-
ty’s present ambulance contract
with Eastex EMS expires in March.
Commissioners are also
scheduled to award bids, opened on
Jan. 16, on various phases of coun-
ty courthouse renovation.
Other items on the agenda for
. Monday’s meeting include con-
sideration of acceptance of roads in
Dickens Landing subdivision in
Precinct 2 for county maintenance
and receipt of the county
treasurer’s report for the fourth
quarter of 1991.
The court is also scheduled to
• open bids on the purchase of com-
puter equipment and consider ad-
vertising for bids on the sale of
county surplus equipment. Com-
missioners will also consider ap-
proval and execution of an agree-
ment with Polk County Memorial
Hospital for establishment of a pro-
cedure to conduct physical ex-
aminations of new regular part-time
and regular full-time county
employees. The examinations will
not be required for temporary
employees.
Personnel action forms will also
be considered.
Monday's meeting will begin at
10 a.m. in the Commissioners’
Courtroom, third floor of the coun-
ty courthouse.
Election *92.
Daniel files
Goodrich coach
returns to duty
Av
ENTKII-RISE PHOTO BY STEPHEN 1IENGST
GETTING BETTER - The return of sunny favorite book. The forecast calls for con-
skies and more springlike weather prompted tinued mild days, although a chance of rain
this fellow to enjoy the. sunshine atid -JU—pipped back into the weekend forecast.
CED spawns confusion
. •
Wo
HOWARD DANIEL JR.
... Pet. 1 commissioner candidate
Daniel in race
LIVINGSTON - ’*1, Col.
Howard Daniel Jr., am happy to an-
nounce my candidacy for commis-
sioner, Precinct 1, in the
Democratic Primary election.
"It is a real pleasure to return
home (in 1987) after spending
more than 28 years in the U.S. Ar-
my as an army officer," Daniel
said. "Being of service in the local
community was one of my upper-
most goals upon retiring. This
county has been good to me, as
well as to my family. This is
homeL.I love Polk County!... and I
want the very best for its growth in
every facet. I sincerely want to give
back as much as possible to this
county, especially Precinct 1, With
my service, leadership ability,
dedication and finances when
needed.
"Our county has grown in many
areas. It is great; however, it still
has room for even more greatness,"
Daniel said. "The strength of any
organization, institution or county
hinges primarily on strong and effi-
cient leadership, caring for the Wel-
fare of the people and doing every-
thing possible to improve the
quality of life for all citizens by
putting words of promise into ac-
around the state between now and
Jan. 31. The whole rationale is to
provide people with technical
grounds so they will be protected."
The tax association official said
that protection of the taxpayer is
uncertain because there is no
statutory law regarding property tax
payments, as there is with other
forms of state taxes. As a result,
some individuals, but mostly
corporations are filing lawsuits as a
means of protest to give them a
technical edge should the law be
struck down.
Taxing entity officials point out
that individuals normally would
a lawsuit
lan to go
By RICHARD L. SMITH
Contributing editor
CORRIGAN - An act as simple
as mailing a check to meet the Jan.
31 deadline to pay school property
taxes has been mired in confusion
for taxpayers and public officials
alike due to a pending judicial
decision over the constitutionality
of the 188 county education
districts (CED) in the state.
"I think we are all in a terrible
dilemma." Bill Alloway, executive
vice president of the Texas
Taxpayers Association, said from
Austin. "The issue is that, because
of case law, if I make a payment of
property tax that is found later on I spend more money filing
didn't owe, I may be out of luck." for protest purposes th,
Alloway, whose group lobbies
on taxation matters for businesses,
was referring to the pending
decision over the constitutionality
of the CEDs and the case law in the
state that says a property tax
payment is considered voluntary and
not necessarily refundable should
the Texas Supreme Court strike
down last year's state legislation
establishing the CEDs.
The CEDs were part of a school
finance reform package passed by
lawmakers during special session
last year as a means of meeting
court-ordered mandates to alleviate
disparities between rich and poor
school districts.
Tax payments made by'property
owners in an individual school
district must be made to the school
district and to the CED at the same
time, according to the state law.
The voluntary payment law,
which is not statutory law, has
been interpreted by some as
meaning tax payments to CEDs
may not be credited of refunded
' should the state's high court rule
their existence invalid.
Complicating the taxpayer's ,
predicament is the fact the court, Goodrich board
expected to rule CEDs
unconstitutional has not yet done
so and the property tax deadline is
Friday, Jan. 31. After that date,
penalty and interest would be
dltached to what is owed for
protest purposes
Hospital
survey
on agenda
LIVINGSTON - Results of the
recent hospital survey will be
reviewed by the planning com-
mittee of the Polk County
Memorial Hospital Board when the
board meets at 6 p.m. Tuesday.
A finance committee report will
be presented 9t which time the
board will review patient/activity
statistics, inpatient and home health
admissions by physicians, the cash
flow, balance sheet and statement
of profit and loss.
A quality assurance committee
report will also be presented to the
board.
Other items on the agenda in-
clude presentation, review and ap-
proval of the minutes of the Dec.
17 meeting.
to begin search
ahead and make their tax payment.
Still, Alloway said, some
individuals are taking the litigation
route.
"There will be some who do that.
It is a decision each person hds to
make. A homegrown version is
attaching a letter to a property tax
payment (noting a protest due to
possible unconstitutionality) and
making the payment," Alloway.
stated.
He added that whether or not that
would have any legal basis is
unknown.
As for tax payments not being
credited should CEDs be declared
unconstitutional, Alloway said
there is a historical precedence.
"There have been tax payments
See CED pg. 4A
By EMILY BANKS
Enterprise staff
GOODRICH - "I think they
made the right decision. I’m just
ready to get back to teaching the
kids and coaching my boys," Coach
Lester King said Friday, the morn-
ing after his termination of con-
tract/dismissal hearing before the
Board of Trustees, at which time
the board unanimously voted to
reinstate King as teacher and coach
at Goodrich Independent School
^District effective 7 a.m. Friday.
"What upset me was the way it
was done. I hate we had to go
through this," King said.
What King was referring to was
his recent suspension and almost
termination because of a fight be-
tween two students that occurred
Dec. 5, 1991 in his first period P.E.
class -• a fight some people claim
he allowed to continue too long
before breaking up, thus resulting
in the later hospitalization of one of
the students.
King received a hand-delivered
letter at school from Superintendent
David Malone, dated Dec. 17,
1991, stating he was being
suspended with pay according to
School Board Policy DOAC. The
charge was his alleged negligence
in handling the Dec. S discipline
problem.
The letter informed him that an
investigation would be conducted
and that he would be contacted
when the investigation was com-
plete. He was also instructed to turn
in his keys, lesson plans and grade
books.
King then received a certified
letter, dated Dec. 18, 1991, stating
that the district was continuing his
suspension, with pay, but that the
superintendent was recommending
hat his contract be terminated.
The GISD trustees called a spe-
cial meeting for Thursday at which
time they consulted with their attor-
ney during an executive session.
Following adjournment of the
meeting, the board reconvened and
a public hearing for King was held.
Bill R. Jones of Livingston,
regularly retained by the district as
its attorney, was asked to conduct
the hearing.
"The policy in this district is that
any time a contract is terminated,
the employee must be given
reasons," Jones explained, saying
that King and his attorney, Tim
James of Nacogdoches, had asked
for a hearing before the board in
open session.
"This is a quasi-judicial proceed-
ing and will be conducted under
oath. We have a court reporter on
hand," Jones said.
"I will ask a series of witnesses
to come forward. Then Mr. James
will ask witnesses to come forward.
Then, individual board members
will have an opportunity to ask
questions," he said. "At the conclu-
sion, the board will adjourn into ex-
ecutive session to make its deci-
sion.”
During the hearing, which lasted
until nearly midnight, 14 witnesses,
including King, appeared before
the board and standing-room-only
crowd that had gathered for the
proceeding.
Those testifying included: King;
Curtis Smith, GISD principal; Guy
Hughes and John Childree, the two
seventh-graders involved in the ini-
tial altercation; David A. "Shorty"
Hughes, Guy Hughes’ father, who
is also a GISD boardmember and
had excused himself from his
duties as a trustee during the
proceeding; and the following
GISD students - Zachary Hood,
Robin Kines, Daniel Sisk, Tavares
JSrome "TJ." Bennett, Brandon
Miles, Donovan Johnson, Perry
Brown, Elton Miles and Andrell
White.
Smith testified he had been
called to investigate the Dec. 5 in-
cident the following morning after
learning about it from another
teacher. He said Assistant Principal
David Targac told him two boys
had been in a fight in gym and had
been sent to Taigac’s office and ad-
ministered corporal punishment.
Smith verified that there are ap-
proximately 17 seventh-grade boys
and approximately 17 sevepth-
grade girls in the first period'P.E.
class and that King is responsible
for the boys and a female coach is
responsible for the girls.
Smith said he went and spoke to
King following bis conference with
Taigac.
"Did anything he say make you
think he agitated the fight or egged
it on?" Jones asked. Smith
answered, "No."
"Mr. Targac said Mr. and Mrs.
Hughes wanted to meet in a con-
ference with Coach King and the
conference took place that day
(Dec. 6) with me, Mr. Targac,
Coach King and Mr. and Mrs.
Hughes present," Smith said.
Smith said during the conference
individuals had a general dis-
ission of the incident, as well as
no bruises or discoloration had
been noticed that day by any of the
teachers. He said two of Hughes’
teachers were called in and both
said they had not noticed any
bruises or injuries, but that one said
he had seen "a slight reddening on
Guy’s cheek.
"Mr. and Mrs. Hughes stated
they had heard a student say a com-
ment was made by Coach King
See STUDENTS pg. 3A
tion. Make it happen, with no cause
for alarm or panic - just keep a property taxes,
level head and a steady course. I "I think that people should be
know it can be d<jne." made aware that if the court rules
Daniel said, "Moving this county the law is unconstitutional, you
on to excellence is my chief goal. I
believe the ‘team approach,'
coupled with good solid relation-
-ahips, is kejuo inkling this goal. I
am dedicated to efficient and effec-
tive use of your tax dollar*
See DANIEL pg. 2A
may not get credit for paying
taxes," Alloway stated.
"Consequently, there are a large
number of lawsuits being filed.
Today (Thursday) in Austin, one
waf filed with 459 plaintiffs. I
expect they ^will be popping up
A
GOODRICH - The Board of
Trustees of the Goodrich Independ-
ent School District will considering
contracting with the Texas Associa-
tion of School Boards/or its super-
intendent search in a special called
meeting at 7 p.m. Monday.
The board accepted the resigna-
tion of Superintendent David
Malone, effective June 30,1992, at
its regular meeting Jan. 16.
Malone is retiring.
TESTIMONY GIVEN - David A. "Shorty"
Hughes (far left) testifies during the termina-
tion of contract/dismissal hearing for Coach
Lester King held Thursday by the Board of
Trustees of the Goodrich Independent
School District. Listening to testimony is
King’s attorney, Tim James of Nacog-
ENTF.RPRISE PHOTO BY EMILY BANKS
doches, and King (far right). GISD trustees
suspended King, with pay, with the intent to
terminate his contract following a Dec. 5
fight between two students which resulted in
accusations that King did not break up the
fight soon enough.
ittomey, Tim James of Nacog- ^
{4- -.fi jr t- *
iiNP"
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White, Barbara. Polk County Enterprise (Livingston, Tex.), Vol. 110, No. 8, Ed. 1 Sunday, January 26, 1992, newspaper, January 26, 1992; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth781390/m1/1/: accessed June 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Livingston Municipal Library.