Monday, December 31, 2012

Big Money Paid to Lawyers by the Taxpayers

It should come as no surprise to anyone that lawyers make big money paid by the taxpayers.

The information about that big money as contained in this article is all public information, though the Commentator suspects that some would not like this disclosed. Taxpayers have a right to know how their money is being spent. So, at risk of offense to some, we provide this public information.

First, we start with those lawyers who regularly receive court appointments to represent people in criminal, child abuse and neglect, juvenile, and family court cases. To view this information online in great detail, anyone can sign up for a free "VISTAlite" account with the West Virginia State Auditor's office. To sign up for your free account, please follow this link:
Above: VISTAlite sign up page looks like this if you follow the above link.

A word about the sign up process: You must provide a proper name and address and then you will be asked a few further identity verifying questions. Once you have successfully created your account and have signed in, you have the option to access the "vendor payment search" page, where you type in the  name of a person you want to find out how much he/she has been paid by the State for some service, such as court appointed cases. You also have the option to search the "total compensation" page, which is a page to search out the salaries paid by the State to any state employee. We searched both the "vendor payment search" and "total compensation" pages to provide you the information below.
Above: This is the starting search page once you have signed in.
Some of the lawyers who received payments from the State for court appointed cases and who regularly appear in the Magistrate, Family, and Circuit Courts of Webster County are listed below with the money they received in each of the past three years :
  1. Christopher Moffatt: $220,018.37 in 2012; $171,074.11 in 2011; $161,798.54 in 2010.
  2. Steven Nanners & Dennis Willet: $249,767.25 in 2012; $253,955.14 in 2011; $273,332.69 in 2010.
  3. Dan Grindo & Dan Armstrong: $164,010.57 in 2012; $140,401.15 in 2011; $146,222.66 in 2010.
  4. Kevin Duffy: $6,434.50 in 2012; $50,325.47 in 2011; $55,768.56 in 2010.
  5. Joyce Morton: $73,188.12 in 2012; $45,584.02 in 2011; $85,999.16 in 2010.
  6. Howard Blyler: $33,959.60 in 2012; $41,988.53 in 2011; $66,934.18 in 2010.
For the most part, court appointed lawyers received $45.00 for out of court work and $65.00 for in court work. Assuming a court appointed lawyer billed 7 hours per day, 5 days per week, and 52 weeks per year, the lawyer would total 1,820 hours in a year. We used an average of $55.00 per hour and multiplied it by the 1,820 hours per year, which totals $100,100.00 per year. Some lawyers listed above made substantially more (and some substantially less) than that average, and the difference for those who made more than the average might be accounted for by payment for reimbursed expenses above the hourly rates. Please note that most of these lawyers worked in Webster and several other counties, and that most also have a private practice of law where they are not paid by the State. You can draw your own conclusions about the above numbers.
Above: Using the "vendor payment search" page, and typing in "moffatt" as one of the words contained in the search, resulted in the chart report of payments made by the State to lawyer Christopher Moffatt, a lawyer who regularly receives court appointments for cases in Webster County.
In addition to the above lawyers making big money from the State for court appointed cases, Webster County also has other lawyers who regularly appear in Webster that are paid by the State or County, and they include:
  1. Circuit Judge Jack Alsop, $126,000.00
  2. Circuit Judge Richard Facemire, $126,000.00
  3. Family Court Judge Jeffrey Hall, $94,500.00
  4. Prosecutor Dwayne Vandevender, $87,800.00
  5. Assistant Prosecutor Dara Acord, $60,000.00
The salaries for all but the Assistant Prosecutor are set by West Virginia law; the salary for the Assistant Prosecutor is set in the discretion of the County Commission.

Sunday, December 30, 2012

Top Ten Commentator Articles for 2012

The Commentator first began on October 19, 2012. As the year closes, we have published 115 articles, with now over 22,650 page views. Here are the top ten articles in terms of views by our readers (with direct links to those articles following the headline):

10. BREAKING NEWS: Superintendent Proposes Closing Diana Grade School
http://webstercommentator.blogspot.com/2012/10/breaking-news-superintendent-proposes.html

9. WV State Police Sex Offender Registry for Webster County
http://webstercommentator.blogspot.com/2012/11/wv-state-police-sex-offender-registry.html

8. Hit & Run Driver Damages Visitors Center
http://webstercommentator.blogspot.com/2012/12/hit-run-driver-damages-visitors-center.html

7. School Consolidation Plan Hot Topic at Recent Board at Recent Board of Education Meeting
http://webstercommentator.blogspot.com/2012/11/school-consolidation-plan-hot-topic-at.html

6. Holly River State Park: Outdoor Lovers' Delight
http://webstercommentator.blogspot.com/2012/12/holly-river-state-park-outdoor-lovers.html

5. Interim Sheriff Appointed for Webster County
http://webstercommentator.blogspot.com/2012/10/interim-sheriff-appointed-for-webster.html

4. Strong Opposition to School Consolidation Plan Voiced at Diana Public Meeting
http://webstercommentator.blogspot.com/2012/12/strong-opposition-to-school.html

3. Erbacon Arson Update: Man Charged with 5 Felonies
http://webstercommentator.blogspot.com/2012/12/erbacon-arson-update-man-charged-with-5.html

2. BREAKING NEWS: Murder Conviction for Julia Surbaugh Set Aside by WV Supreme Court; New Trial to be Scheduled
http://webstercommentator.blogspot.com/2012/11/murder-conviction-for-julia-surbaugh.html

1. BREAKING NEWS: Superintendent Withdraws School Consolidation Plan
http://webstercommentator.blogspot.com/2012/12/breaking-news-superintendent-withdraws.html

Saturday, December 29, 2012

Stat Lady Diane Morris: Thank You

As a lot of fans already know, Diane Morris uses her I-Pad to compile a large variety of statistics during the Webster County Highlander boys' varsity basketball games. Every time the Commentator has compared her statistics to the official scorer statistics she is dead on right. In addition, she compiles statistics that even the official scorer does not compile. We are indebted to Diane for the job she does every game. Below are how the statistics look from each game. These statistics include a shot chart, individual player statistics, and the play by play statistics.
Shown above are the individual player statistics for the Highlanders from the December 28, 2012 Notre Dame game.
Shown above is part of the first quarter of the play by play statistics from the December 28,
2012 game against Notre Dame. We show this first part for space reasons only.

Shown above is the shooting chart from the Highlanders' game against Grafton on December 27, 2012. The green circles show shots made and the location of the shot with the player number in the circle; the red circles show missed shots.

Friday, December 28, 2012

Highlanders Suffer First Loss of Season


There is one priceless moment in the above highlight video: After Tyler Anderson drills a long 3 point shot, watch the reaction (or disbelief) of Notre Dame coach Jarrod West (at about 1:20 into the video).

Host school Notre Dame did not need the "luck of the Irish" Friday evening in Clarksburg as they demolished the Webster County Highlander boy's basketball team by a score of 81 to 55 to win the BB&T Holiday Tournament.

The Fighting Irish of Notre Dame led at the end of each quarter, building their lead as the game progressed. The Irish led 17 to 14 at the end of the 1st quarter, 35 to 25 at halftime, 56 to 41 at the end of the third quarter, and outscored Webster 25 to 14 in the fourth quarter.

If there was at least one bright spot for Webster County, it was the aggressive play on both defense and offense by junior center Dalton Davis when he was in the game. Davis scored 15 points and had a team high 12 rebounds, and also had 1 steal. Davis was often found contesting Notre Dame shots under the hoop and contending for offensive rebounds when Webster had the ball. Davis made a hot 77% of his shots. In this reporter's opinion, Davis has the ability to play this well every game if he stays aggressive and asserts himself as he did Friday evening.

Sadly, the game was marred throughout by the perception of Highlander fans that the referees were "one-sided" for Notre Dame. One female Webster fan was even ejected from the game during the latter part of the third quarter for constantly yelling at one referee in particular.

Perception of the referees is one thing but actual video of the game is another. As most readers know, this reporter films most of the Highlander boys games. A review of the video of most of the hotly contested calls made against Webster actually show that the referees got it right. Granted, the referees could have called fouls against the Notre Dame players more often, but the fouls called on the Webster players were, for the most part, correct. That may be a tough pill to swallow for some folks, but the video supports that conclusion. This conclusion is further supported by the game statistics: The referees called 26 fouls on Notre Dame and only 20 on Webster, which included 1 technical foul.

This reporter sat directly behind Notre Dame head coach Jarrod West. West played basketball at WVU where he was a three-time Academic All-American and co-captain of the team. In 1998, he was a member of the WVU team that participated in the NCAA tournament. During Friday's game, West constantly implored his Irish players to expose the weaknesses in the Highlanders. His game plan as overheard by many was well thought out and his players executed it perfectly throughout the game. 

No amount of "bad refereeing" can be used as the excuse for how well the Irish played. Friday evening, Notre Dame was just the better team on the Court. Fortunately for Webster, they have the ability to easily regroup from this loss and move on to better results. Had this been a close game, this reporter would also question the loss due to the calls made by the referees. Time to move on.

Hunter Given led all Webster scorers with 17 points, and he added 7 rebounds, 3 blocked shots, and 2 steals. Brett Morris scored 14 points and had 7 rebounds, 5 blocked shots, 3 assists, and 1 steal. Others playing for Webster included: Tyler Anderson, 3 points; Guy Cowger, 3 points, 3 rebounds, 2 steals, and 2 assists; Stephen Cogar, 2 points, 3 rebounds; Rick Holcomb, 1 point; Logan Taylor, 3 rebounds, 1 assist; and Lance Stout, 1 rebound. As a team, Webster made 20 of 51 shots for a 39% shooting percentage, and made only 12 of 28 free throws, or 42%.

Webster's record drops to four wins, one loss on the season and they next play at Midland Trail on Thursday, January 3, 2013.

On a bright note for Webster County, the Lady Highlanders won the girls Holiday Tournament, beating the host Irish by a score of 46 to 40.

Highlanders Advance to Championship Game of Holiday Tournament



Webster County's dynamic duo of seniors Brett Morris and Hunter Given combined for 49 points to lead the Highlanders to a 67 to 60 win over the Grafton Bearcats in an opening round game of the BB&T Holiday Tournament in Clarksburg Thursday evening.

Morris led his team in scoring with 29 points, despite sitting out most of the third quarter after he was incorrectly attributed his fourth foul of the game. The official scorer from Grafton listed Morris with 4 fouls when in reality Morris was attributed a foul actually made by teammate Given. While Morris sat on the bench in the third quarter, Given took over with basket after basket ending the game with 20 points.

Grafton owned the first quarter, holding a 6 point lead with just seconds remaining when Morris poured in a 3 point shot as the buzzer expired, and Grafton led 14 to 11. In the second quarter, Grafton raced out to an early 22 to 11 lead before the Highlanders climbed back to pull within 2 to trail at halftime 32 to 30. That 11 point deficit was the largest deficit the Highlanders have faced in their four games this season.

Before Morris got into foul trouble in the third quarter, senior Lance Stout made a short pass to a leaping Morris for a slam dunk which sparked the Highlander offense. After Morris was benched for foul trouble, Given then scored 11 of his 20 points in the third quarter. Webster led 49 to 46 at the end of the third quarter. 

It appeared that the Highlanders might run away with the game when they opened up an 8 point lead at 58 to 50, but the Bearcats clawed back to within 2 at 58 to 56 with 5:18 remaining in the game. The teams traded baskets for the next three minutes and Webster clung to a 2 point lead at 62 to 60 with 1:58 remaining. 

With less than a minute remaining, and after Given made one of two foul shots giving Webster a 63 to 60 lead, Grafton blew two chances to tie the game at 63. Morris then tipped in an errant shot by junior Logan Taylor for a 65 to 60 Webster lead with 14 seconds remaining. Morris added a couple foul shots for the final 67 to 60 margin of victory.

Team statistics: Morris, 29 points, 8 rebounds, 3 steals, 3 blocked shots, 1 assist; Given, 20 points, 7 rebounds, 2 assists, 1 blocked shot, 1 steal; Lance Stout, 6 points, 3 assists, 1 steal; Hunter Williams, 5 points, 1 rebound; Tyler Anderson, 3 points, 1 rebound; Dalton Davis, 2 points, 4 rebounds, 1 steal; Stephen Cogar, 2 points, 7 rebounds, 2 steals; Guy Cowger, 2 rebounds, 1 steal; Logan Taylor, 3 rebounds, 1 steal. As a team, the Highlanders made 20 of 47 shots, including 7 of 23 from 3 point range, for a combined 42% shooting percentage.  While they started slow in the first half at the free throw line, Webster made 20 of 34 free throws (or 58%).

With the win, Webster improved to 4 wins, 0 losses on the season. They next play in the Holiday Tournament Championship game Friday, December 28, 2012, at 6:00 p.m. against the host school Notre Dame Fighting Irish.

The Lady Highlanders also won their opening round game against the Liberty-Harrison Mountaineers by a score of 66 to 44 and they will play in the ladies Tournament Championship game Friday at Notre Dame at 4:00 p.m.

Wednesday, December 26, 2012

DEVELOPING STORY: County in Predicament over Lack of Space for Prosecutor and 911 Center Offices

Added to the problems the Webster County Commission will face in 2013 will be the issue over the lack of adequate office space for both the offices of the Prosecuting Attorney and the offices of the 911 Communications Center and Office of Emergency Services (OES).

This office space predicament has arisen since a hardship exemption previously granted by the West Virginia Ethics Commission will expire in less than 18 months. That exemption allowed Prosecuting Attorney Dwayne Vandevender to receive rent money from the County so that he could continue to operate the Prosecutor's offices out of Vandevender's privately owned office building located at 137 South Main Street in Webster Springs.

Ordinarily, both West Virginia law and an Advisory Opinion by the Ethics Commission makes it both a crime and an ethics violation for elected public officials like Vandevender from entering into contracts (such as a rental lease) with County Commissions in situations where the public official may have some influence or control over the Commission.  

Ethics Advisory Opinion 2006-11 (see link below), issued in September, 2006, specifically stated that a Prosecutor exercises "a voice, influence, or control" over a County Commission since the Prosecutor acts as the statutory lawyer for the Commission. As such, a Prosecutor can not rent out his privately owned office space to the County Commission unless the Ethics Commission grants a hardship exemption.

Even the West Virginia Supreme Court of Appeals back in 1949 recognized the dangers of a public official entering into contracts with a County Commission. The Court said that: "The purpose of the [law] is to protect public funds, and give official recognition to the fact that a person cannot properly represent the public in transacting business with himself. To permit such conduct would open the door to fraud. The [law] is designed to remove from public officers any and all temptation for personal advantage."

Hardship exemptions have been previously granted at least three times to the Webster County Commission because of the lack of office space either owned by the County or because such space is not readily available to meet the needs of a Prosecutor's office. There is no room in the Courthouse or Courthouse Annex to suit the needs of a Prosecutor's office.

The first hardship exemption issued on July 10, 2008 was granted until January 1, 2010. The full opinion by the Ethics Commission on this exemption can be accessed at this link:
http://www.ethics.wv.gov/SiteCollectionDocuments/PDF%20Contract%20Exemptions/CE%202008-09.pdf
That first exemption was later modified to be a three year exemption, effective until September 5, 2011. The full opinion on this modification can be accessed at this link:
http://www.ethics.wv.gov/SiteCollectionDocuments/PDF%20Contract%20Exemptions/CE%202008-10.pdf

When this three year period was about to expire, the County Commission asked for another three year exemption. The Ethics Commission denied the three year request, but did grant a one year extension effective until January 15, 2012. The full opinion of this one year extension can be accessed at this link:
http://www.ethics.wv.gov/SiteCollectionDocuments/PDF%20Contract%20Exemptions/CE%202011-03.pdf

Recently, the County Commission received another extension effective to July 1, 2014. When it granted this extension, the Ethics Commission noted that the County Commission voted at its February, 2012 meeting to approve a plan to buy land and build a new 911/OES Center, but that it would take about two years to complete that project. As such, the Ethics Commission granted the extension to July 1, 2014. The full opinion of this last extension can be accessed at this link:
http://www.ethics.wv.gov/SiteCollectionDocuments/PDF%20Contract%20Exemptions/CE%202012-01.pdf

While there is still over a year and a half left on the exemption, Vandevender said "it is a pressing problem. They [the Commission] have a lot of work to do to move the 911/OES Center" and that time will expire quickly if they do not act now.

One option being considered is to relocate the Prosecutor's office to the offices of the current 911/OES Center, since that building previously served as a Prosecutor's office when the late E.V. "Jack" Morton, Jr. served as Prosecutor. The County purchased the building in the early 2000's from Morton to house the current 911/OES Center. Obviously, if this option is exercised, a new building for the 911/OES Center would be needed.

The reason this option is being considered is because the 911/OES Center in it current location is antiquated and does not fit the ever evolving needs of a modern 911/OES operation.  911/OES Director Richard Rose recently discussed the problems with the current offices and the possible relocation.

Rose said that the current location is totally out of space, which problem is aggravated any time the County has an emergency, such as twice this year. He said that the technology and equipment space for the 911 center has overwhelmed the offices. Rose also noted that the building is not particularly secure, and that OES equipment is unsecured on the outside premises.

In the video at the end of this article, Rose discusses the options being considered for a new 911/OES Center as well as the costs. He expects a public hearing on these issues in the near future. While he is aware of the office space problems with the Prosecutor's office which might cause a relocation of the Prosecutor's office to the 911/OES offices, Rose said there are independent reasons for building a new 911/OES Center.

Since 2000, when he was first elected as Webster's Prosecutor, Vandevender has used his private office building at 137 South Main Street as the offices of the Prosecuting Attorney. From 2000 until 2008, Vandevender was by law a part-time Prosecutor and he conducted a private practice of law at his office building in addition to using his office as the Prosecutor's office. During this time period, he received no rental money from the County.

In 2008, the law changed making Vandevender a full-time Prosecutor. Since then, Vandevender has continued to operate the Prosecutor's offices out of his private building. The Commission currently pays Vandevender $500.00 per month to cover the added utilities incurred by the operation of the Prosecutor's office. Vandevender said he makes no significant profit from that rental agreement. "I might make $50.00 a month and some months I lose money, depending on the costs of utilities in any month," Vandevender said.

In addition to the Prosecutor's offices, his building leases out space for dentist Kevin Lucky, and Vandevender has three rental units in the building of which he is the landlord. Vandevender said because of his income from those other leases, he does not desire to sell his office building to the County, at least at a price the County could afford considering the value of those additional income generating sources.

To read the full Ethics Advisory Opinion 2006-11, please click on this link:

To read the full WV law allowing a County Commission to seek a hardship exemption from the above ethics opinion, please click on these links:

The video below is part of an interview with OES/911 Director Richard Rose concerning the possible relocation of the OES/911 offices:

Webster County Bar Changes Dramatically

Nearly a century ago, in 1913, these 12 lawyers were members of the Webster
County Bar Association. This photo is believed to have been taken at the old
Webster Springs Hotel once located in Hotel Bottom in Webster Springs. The
1910 U.S. Census listed 9,680 residents in the County, almost identical to the
number of residents in the County in 2012. While the number of residents has
remained the same from a century ago, the number of actively practicing
lawyers in the County has decreased dramatically.
One hundred years ago, the County of Webster had a dozen lawyers listed as members of the County Bar Association.

At the end of 2012, the number of active lawyers has dwindled to just eight, and half of them work for the county or state government. Those in government service include:  Circuit Judge Jack Alsop, Family Court Judge Jeff Hall, Prosecutor Dwayne Vandevender, and Assistant Prosecutor Dara Acord. Lawyers in private practice include: Montie VanNostrand, Howard Blyler, Dan Hardway, and Joyce Helmick Morton.

Of the eight lawyers listed above, one just recently opened a practice of law in Cowen (i.e., Dan Hardway) and three others are moving into semi-retirement. Long time attorney Joyce Morton, of Webster Springs, is taking down her "shingle" in the County, as she will be working for a private trust after the first of the year. Her law partner, Montie VanNostrand, will also be drastically scaling back her Social Security practice. And another long time attorney, Howard Blyler, of Cowen, is also severely curtailing his practice of law as well. 

Except for Hardway, and excluding the four government service lawyers, there are no lawyers in private practice living and working in the County full time. The two judges and two prosecutors can not represent residents in legal matters because of their positions. Residents are forced to turn to out of County lawyers for assistance in light of the lack of general practice lawyers in the County.

Sunday, December 23, 2012

Webster County Unemployment Rate Increases Again


For the third month in a row, the unemployment rate in Webster County increased, now standing at a whopping 13% as of November, 2012, up from the 12.1% October rate.

Once again, Webster County had the second highest unemployment rate in the State, second only to Clay County's 14.1% rate. One year ago, Webster's unemployment rate stood at 11.4%.

Statewide, unemployment dropped to 7.3%.

Full county by county unemployment statistics can be found at this link:
http://www.workforcewv.org/LMI/datarel/cnty_PR.pdf

Saturday, December 22, 2012

The Letter that Stopped the School Consolidation Plan


DAN HARDWAY LAW OFFICE
DAN L. HARDWAY, J.D. 
ADMITTED IN WV, FL, NC & IN
PO Box 625
6815 Webster Road
Cowen, WV 26206
(304) 402-3036
fax: (919) 341-2331
dan@hardwaylaw.com


December 17, 2012

Sent via U.S. Mail and Electronic Mail
Superintendent Martha Dean
Webster County Board of Education
315 South Main Street
Webster Springs, WV 26288
martha.dean@access.k12.wv.us

RE: School Closing and Consolidation

Dear Superintendent Dean:

This firm has been retained by Save Our School, LaCosta Westfall and Tanya Giles in regard to your proposal to the Webster County School Board to close Diana Elementary School (hereinafter“DES”) and to consolidate 7th and 8th grade students from Glade, Webster Springs and Diana at Webster County High School.

I have reviewed your Webster County Schools School Closure and Reorganization Documentation as Required by State Board Policy 6204 (hereinafter “Documentation”). It is apparent from a review of the Documentation that it does not comply with W.V. Code § 18-5-13a and WVBE Policy 6204. The Documentation does not provide either the Local School Improvement Councils, nor the School Board members, with the necessary information required to make a fair evaluation of the proposal. Due to its failure to comply with state law and WVBE Policies, it does not provide sufficient information upon which the Board members can make a decision without arbitrariness, partiality, passion or a misapprehension of the law.

Specifically, the Documentation, among other deficiencies, has these issues that, at a minimum, need to be addressed in order to comply with Policy 6204 and W.V. Code § 18-5-13a: 

1. The Documentation proposes both a school closure that applies to only one school with either two or three schools accepting the students from the closed school, but it also proposes consolidating the 7th and 8th grade students from two (or possibly three) elementary/middle schools to the high school. As such it proposes two separate actions for Board approval without separating the information and analysis applicable to the two separate proposals so as to enable the proposals to be evaluated independently on their separate merits and detriments. (I am uncertain of the actual number of schools that would accept students from DES if it is closed due to your statements that some of the students may be able to attend Hacker Valley although that option is not addressed in the Documentation. Similarly, you have stated that 7th and 8th grade students from Hacker Valley may elect to attend Webster County High School although, again, that option does not appear to be addressed in the Documentation.)

2. WVBE Policy 6204, at section 2.2.1.e. requires projections of enrollment by grade“in respective attendance area” for the next ten years. Your Documentation does not provide any projected enrollment by grade for the next ten years and does not provide it by grade nor does it provide the information by school which would be necessary to provide the enrollment by respective attendance areas within the county. You have provided a chart of historical enrollment by grade groups and a comparison, county-wide without respective attendance area breakdowns, of projections of attendance variation from actual attendance, for the past ten years. You have not, however,provided any projection of attendance in the effected schools’ respective areas for the next ten years as required by the Policy. Failure to provide this information makes it impossible to evaluate the proposals impact on class sizes, compliance with WVBE Policies 2419, 2510, 2520 and 6200, among other issues.

3. Not having provided projections, you have also not complied with the provisions of Policy 6204 § 2.2.1.d by not utilizing or discussing the Second Month Reports.

4. The maps you have provided at pages 8 and 9 of the Documentation do not provide a legend indicating the student enrollment by grade at effected schools as required by Policy 6204 § 2.2.2.a.A.

5. No physical appraisal of DES, Webster Springs Elementary, Webster Springs Middle School, Webster County High School, and, potentially, Hacker Valley Elementary School was provided in the Documentation. The only information provided in the Documentation is a Facility General Information Worksheet for Glade Middle School which is dated May 10, with no year specified, an undated Site Evaluation Worksheet for Glade Elementary School, and a Building Component Evaluation Worksheet for Glade Elementary School dated May 10, with no year specified. Policy 6204 requires this data to be provided for all schools effected by your proposal and such information is essential to both the citizens of the county and to the members of the Board in order to be able to properly evaluate and understand the impact the proposal will have on Webster County Schools.

6. The Documentation has no information in regard to the various effected schools’adaptability to the “present and proposed educational programs and the provision of related services” as required by § 2.2.2.c.

7. While the Documentation does provide some information on the utilization of DES and Webster Springs Elementary School, it does not provide such information on other effected schools as required by § 2.2.2.d.

8. The Documentation does not provide any information regarding the cost of the consolidation of the 7th and 8th grades at Webster County High School as required by§ 2.2.3.a.A.

9. The Documentation does not provide any information regarding the anticipated costs the plan will require at the receiving schools (Webster Springs Elementary, Webster County High School and, possibly, Hacker Valley Elementary) as required by §2.2.3.a.B.

10. The Documentation does not provide any information by which any reasonable, non-arbitrary person could calculate even a reasonable approximation of the net cost or savings generated by the plan. Policy 6204 § 2.2.3.a.C. requires the Documentation to provide the net cost or savings based upon the information provided in compliance with §§ 2.2.3.a.A and 2.2.3.a.B.

11. The information provided in the Documentation regarding the cost of renovation at Webster County High School is very general and nonspecific. In addition, the Documentation provides no hard data, or even specific proposals of specific renovations, that would allow a true, reasonable and non-arbitrary cost analysis of the needed renovations. With the minimal information provided in the Documentation,it is not possible to determine whether the estimate of $100,000.00 in renovation expenses is reasonable or arbitrary.

12. The Documentation does not address whether the proposed plan will have any effect on the administrative and service personnel at Webster County High School. You have stated publicly that the plan will require at least one additional administrator at Webster County High School. This should be addressed in the Documentation under both the provisions relating to costs and those related to the effect the plan will have on personnel.

13. The Documentation has a summary of the educational program resulting from the plan and a statement of assurance that listed WVBE Policies have been considered and adhered to. The Documentation does not address in any detail whatsoever how the Policies have been considered and how they will be adhered to. There is not a projected educational program improvement analysis as required by § 2.2.6. I would think, at a minimum, such a plan would address how moving all the students from a school that has made AYP with the highest reading and math scores on Westest II reading and math (and one of the highest in the state) to schools that have not met AYP in, respectively, the past two and three years. Consequently, it is not possible to evaluate the validity of the assurance.

14. Finally, you have stated publicly that students from Diana may be allowed to choose to attend Hacker Valley Elementary and that 7th and 8th grade students from Hacker Valley may be allowed to elect to attend Webster County High School. The documentation does not address the effect that such plans may have on transportation and the effects that the plan’s implementation would have on variances § 202.02 of WVBE Policy 6200.

Much of the information required to be provided by the West Virginia School Board’s regulations has not been provided as part of the Documentation required to be available to the public,and provided to the Chairman of the LSICs, at least 30 days in advance of any public hearing as required by Policy 6204 § 2.1. Consequently, I am asking that you voluntarily provide the missing information, and postpone any and all hearings until 30 days after the information is provided, so as to comply with the WVBE regulations.

I note that, while courts in this state are generally reluctant to review school board decisions on closures and consolidations, it is well settled in West Virginia law that a county board’s failure to comply with the WVBE regulations will form a basis for relief in court. See, e.g., McComas v. Bd of Educ. of Fayette County, 475 S.E.2d 280, 197 W.Va. 188 (W.Va., 1996); City of Benwood v. Bd. of Educ., 573 S.E.2d 347, 212 W.Va. 436 (W.Va., 2002).

It is my hope that we can agree to resolve these issues without the necessity of court action so that the hearings you have on the proposed plan may be held before an informed public and an informed School Board. I look forward to hearing from you in regard to the issues I have raised herein.

Very truly yours,
Dan L. Hardway

cc via email: Lacosta Westfall
Tanya Giles
Paula Tanner
Harold Carpenter
Joyce Markle
Lisa Clutter
Heather Davis

Questions Raised About Reviving Webster County School Consolidation Plan

According to multiple sources close to the Webster County Board of Education, in all probability, the school consolidation plan recently withdrawn by Superintendent Martha Dean will be resubmitted in 2013 after legal defects in the plan are corrected.

According to applicable law and regulations, the plan can be resubmitted in the next calendar year, i.e., 2013. When any consolidation plan is proposed, West Virginia Board of Education Policy 6204 requires that the County Board of Education must submit the required information, conduct the required public hearings, and vote on the plan by December 31 of the calendar year prior to the calendar year in which the school closing or consolidation is to be effective.
[Note: a "calendar year" runs from January 1 to December 31 while a "school year" runs from July 1 to the following June 30].

In short, since the plan was recently withdrawn and can not be corrected and voted on by December 31, 2012, Policy 6204 now prohibits any school closing or consolidation prior to December 31, 2013. Under a strict reading of the Policy, a school closing or consolidation could occur beginning on January 1, 2014 if the plan is approved by December 31, 2013.

Even though a school closing or consolidation could occur as early as January 1, 2014 if all of the required actions and vote occurs by December 31, 2013, the same is not likely at all due to a number of other legal impediments.

When the Commentator interviewed Superintendent Dean recently, she indicated that if the plan then being considering was approved by December 31, 2012, the closing and consolidation would not go into effect until the start of the 2013-14 school year. Why? First, the high school can not possibly be renovated in time to include the 7th and 8th graders right after a December 31 vote. Second, many school personnel have legal contracts that stretch over the school year (and not a calendar year).

In short, all probability suggests that if a consolidation plan is approved next year (by December 31, 2013), it will not be effective until the start of the 2014-15 school year.

While many in the Diana area rejoiced over the news that the plan was withdrawn, they also realize that the battle to save their school is far from over. They hope that if the plan is resubmitted that it is resubmitted well in advance of any hearings and vote so that all alternatives can be considered.

West Virginia Board of Education Policy 6204 can be found at this link:
http://wvde.state.wv.us/policies/p6204.pdf
School consolidation/closing laws can be found at this link:
http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=18&art=5&section=13A#05

Thursday, December 20, 2012

Flashback: Unlucky Deer at Go-Mart


On January 26, 2006, as I was walking from the Prosecutor's office to the Webster Courthouse on Church Street, the whitetail deer in the above picture was spooked by a car driving up the street. The deer proceeded to jump over the fence near the sidewalk and onto the roof of the Go-Mart station. It then made the unwise decision to leap off the roof into the Go-Mart parking lot, breaking three of its four legs in the process. I took this picture and sent it to the Webster Echo. The Echo printed the picture with one of their best headlines.  If I recall correctly, it read: "Deer Finds Go-Mart Inconvenient". City officer Paul Williams later took the deer out of the way and put it out of its misery.

Webster County Child Abuse and Neglect Cases Have Kept the WV Supreme Court Occupied All Year Long

Twelve Webster County child abuse and neglect cases have been decided this year by the West Virginia Supreme Court of Appeals, and almost all of them have dealt with parents losing their rights because of their drug abuse.

On December 11, 2012, the Commentator reported on five recent cases decided from September through November, 2012 (see link at end of this article). Earlier this year, from January through June, 2012, the Court decided yet another seven child abuse and neglect cases, as summarized below.

First, on January 18, 2012, the Supreme Court upheld the termination of a mother’s parental rights because of her continued drug abuse. This mother failed to acknowledge that she had a substance abuse problem, even after testing positive for marijuana and opiates on four separate occasions after she was given an improvement period by the Circuit Court. This mother even told the Judge that she would not quit using marijuana and “sees nothing wrong with its continued use.” In light of her position, the Court found that there was no reasonable likelihood that the mother would correct the conditions of abuse and neglect (her parenting skills were seriously impaired from the continued drug abuse).

The full opinion of this first case can be accessed at this link:
Second, also on January 18, 2012, the Supreme Court upheld the termination of a psychological father’s rights because of his failure to protect a child with whom he had bonded. In this case, the psychological father allowed the mother to repeatedly use drugs in the presence of the child and allowed the child to have contact with inappropriate persons. Although this psychological father mostly tested negative on his drug screens, a search of his home found a “detox” kit used to mask drug use on drug screens. He defied the Circuit Court’s Order not to allow contact by the mother with the child. Again, the Court found that this psychological parent was no likely to correct the conditions of abuse and neglect found by the Court.

The full opinion of this second case can be accessed at this link:
http://www.courtswv.gov/supreme-court/memo-decisions/spring2012/11-1210memo.pdf

Third, on February 28, 2012, the Supreme Court reversed the Judge’s decision to terminate the parental rights of the mother. The mother in this case was accused of knowing that the father sexually abused their daughter and not protecting the child from that father. The Judge found that both parents were abusive and neglectful in that regard. The West Virginia Department of Health and Human Resources (WV DHHR) recommended that the mother’s custodial rights be terminated.

One of the big issues in this case was whether the Prosecuting Attorney properly followed the recommendations of his client, i.e., the WV DHHR. After questioning by the Judge, the Prosecutor agreed with the Judge that the Judge could terminate the parental (and not just the custodial) rights of the mother.

The Supreme Court found that the Prosecutor did not act inappropriately as he was merely agreeing with the Judge’s interpretation of the law. However, because the WV DHHR did not recommend the termination of parental rights, the Supreme Court reversed the decision, sending the case back to the Judge to reconsider a new case plan for the parties.

The full opinion of this third case can be accessed at this link:

The fourth and fifth cases, decided on March 12, 2012, are separate appeals by a mother and a father who both had their parental rights terminated. This case began when police found drug paraphernalia and items used to create methamphetamine in their home. Many capped and uncapped needles were found in the home. The needles and drugs were readily accessible to the children. Both parents were later convicted of attempting to make meth and were each sentenced to one to three years in prison.

In both of these cases, the West Virginia Supreme Court of Appeals ruled that:
"In the present matter, there was an abundance of evidence that the children were in danger; the components of a methamphetamine laboratory were found in the home where the children were residing. Petitioner denies that these materials were used for making drugs, but made no explanation for the possession of most of the materials. Moreover, petitioner pled guilty to charges regarding the attempt to operate a methamphetamine laboratory. Furthermore, the testimony of the investigating officers and the DHHR worker showed that there were capped and uncapped needles in the home, and evidence that some of the needles were used. Petitioner Father denies this, but the circuit court determined that his denial was not credible. This Court finds no error in the adjudication or in the termination of parental rights without an improvement period."

The full opinions of both of these fourth and fifth cases can be accessed at this link:
http://www.courtswv.gov/supreme-court/memo-decisions/spring2012/11-1403memo.pdf
http://www.courtswv.gov/supreme-court/memo-decisions/spring2012/11-0774memo.pdf

Sixth, on April 16, 2012, the Court upheld the termination of a father's parental rights because of his substance abuse that was affecting his judgment and ability to properly provide for the children's health, safety, and welfare. The father admitted to snorting prescription pills. Drug paraphernalia was found in his home. After being granted an improvement period, he continued to test positive for drugs. When given the chance to participate in drug abuse counseling and treatment, this father reverted back to continued drug abuse. The Supreme Court found no error in the decision to terminate made by the Circuit Judge, stating that there was no reasonable likelihood that the conditions of abuse or neglect could be corrected in the near future.

The full opinion of this sixth case can be accessed at this link:
http://www.courtswv.gov/supreme-court/memo-decisions/spring2012/11-1237memo.pdf

Seventh, on June 25, 2012, the Court upheld the termination of a mother's parental rights. This mother previously and voluntarily gave up her rights to another child, and she was ordered not to have further contact with convicted felons. She then had another child. The father of the new child was a convicted felon. Under the law, the WV DHHR had a mandatory duty to file this case in light of the prior termination of rights regarding the other child.

The convicted felon father of the new child admitted to drug abuse and his prior convictions for breaking and entering, driving under the influence, and the sale of methamphetamine and cocaine. The Circuit Court allowed the new child to remain with the mother provided she not permit contact with the convicted felon father, or any other felon. She was given a two year rehabilitation period. Less than fourth months into that rehabilitation period, the Circuit Court found that she involved herself with another man who had his own parental rights terminated and who was involved in drugs.

The Supreme Court agreed with the termination of the mother's rights because the mother had been unable to dissociate herself from men who are addicted to drugs and who jeopardize the health, safety, and welfare of both the mother and child. This mother lost her rights because she repeatedly exposed her child to substance abusers.

The full opinion of this seventh case can be accessed at this link:
http://www.courtswv.gov/supreme-court/memo-decisions/spring2012/11-1589memo.pdf

Our prior article about the five recent abuse and neglect cases decided between September and November, 2012 can be accessed at this link:
http://webstercommentator.blogspot.com/2012/12/wv-supreme-court-kept-busy-with-webster.html

Winter Arrives Friday in Full Force

Here is the latest national radar image from Intellicast.com showing the "big picture" of what is approaching on Friday (current as of 10:45 a.m. on December 21, 2012).


Wednesday, December 19, 2012

Highlanders Stay Perfect, Roll Over Roane 70 - 53



Senior forward Hunter Given poured in 27 points, including 17 in the first half, to lead the Webster County Highlanders to a comfortable 70 to 53 win over the Roane County Raiders on Tuesday evening in Spencer.

The game was close at the start, with Webster holding a slim 15 to 14 lead at the end of the first quarter. The Highlanders outscored Roane 25 to 13 in the second quarter, to lead at halftime 40 to 27. Webster edged the Raiders by 2 points in each of the last two quarters for the 17 point win.

After the game, Assistant Coach Eddie Mazzella summed up the game: "This was a big test for us tonight. Roane County has a really good basketball team. Our role players were big. We have Brett Morris and Hunter Given and everybody thinks we'll stop them, but, hey, our role players were big tonight. Hunter Given had a huge game." 

Mazzella praised the efforts of Dalton Davis, Stephen Cogar, and Hunter Williams as some of those role players. "It seemed like everyone we put in the game played well. At one point we had Morris and Given on the bench, and we gained 5 points," he added.

To say that Given had a "huge game" was an understatement. Given made 8 of 12 shot attempts and 11 of 14 free throws. On defense, he had 6 rebounds, 6 steals, and 3 assists. While the Roane defense tried to focus on Morris, Given stole the show. After the game, Given said he "felt good coming into the game" and agreed that Roane's focus on Morris freed him up to score more, which was a "big mistake on their part."

Despite Roane's defensive focus on Morris, Brett contributed 17 points, 3 rebounds, 2 blocked shots, 2 assists, and 2 steals. Rounding out the scoring for Webster were: Cogar, 8 points, 3 rebounds, 2 steals, 2 assists, 1 blocked shot; Williams, 6 points and 2 rebounds; Logan Taylor, 4 points, 1 rebound, 1 steal; Davis, 3 points, 5 rebounds, 2 steals, 1 assist; Tyler Anderson, 3 points and 2 rebounds; and Lance Stout, 2 points, 2 assists, 2 rebounds. Others playing for Webster but not scoring were: Guy Cowger, who had 3 rebounds and 2 assists; Rick Holcomb, 1 blocked shot; Jake Thayer; and Joe Collins.

Webster improved to three wins and no losses for the season. They next travel to Princeton for a two game holiday tournament on December 21 and 22.

Mazzella's junior varsity team suffered their first loss of the season, bowing to the Roane JV team by a score of 64 to 53. The JV's are now 2 wins and 1 loss on the season.

Tuesday, December 18, 2012

BREAKING NEWS: Superintendent Withdraws School Consolidation Plan

Less than 24 hours after the first public meeting, Webster County Superintendent Martha Dean has withdrawn her proposed school consolidation plan due to legal defects in the plan.

At last night's public meeting at the Diana Elementary School, LaCosta Westfall presented Board of Education members and the Superintendent with a letter from her attorney, Dan Hardway of Cowen, West Virginia. The letter pointed out a number of defects in the consolidation plan proposal. After detailing 14 specific deficiencies in the plan, Hardway wrote that:

Much of the information required to be provided by the West Virginia School Board’s regulations has not been provided as part of the Documentation required to be available to the public, and provided to the Chairman of the LSICs, at least 30 days in advance of any public hearing as required by Policy 6204 § 2.1.  Consequently, I am asking that you voluntarily provide the missing information, and postpone any and all hearings until 30 days after the information is provided, so as to comply with the WVBE regulations.  

I note that, while courts in this state are generally reluctant to review school board decisions on closures and consolidations, it is well settled in West Virginia law that a county board’s failure to comply with the WVBE regulations will form a basis for relief in court.  See, e.g., McComas v. Bd of Educ. of Fayette County, 475 S.E.2d 280, 197 W.Va. 188 (W.Va., 1996); City of Benwood v. Bd. of Educ., 573 S.E.2d 347, 212 W.Va. 436 (W.Va., 2002).

It is my hope that we can agree to resolve these issues without the necessity of court action so that the hearings you have on the proposed plan may be held before an informed public and an informed School Board.  I look forward to hearing from you in regard to the issues I have raised herein.

Apparently, legal counsel for the Board has agreed with at least parts of the letter and suggested that the plan be withdrawn. Due to legal time constraints, any further consolidation plan would have to be re-submitted next year.

The Commentator has confirmed that the Superintendent has withdrawn the plan, according to Board Secretary Brenda Knight.

All further public hearings have been cancelled.

The net effect of these fast moving developments is that the Diana school will remain open another year and 7th and 8th graders will remain in their respective schools.

Contacted by telephone, Westfall was elated about the news. "It's like a great burden has been lifted. All we wanted was more time to review [the plan] and to be able to help the Diana school and all schools in the county by researching other financial ways to keep them open," she added.

Video of Diana School Consolidation Meeting







Monday, December 17, 2012

Strong Opposition to School Consolidation Plan Voiced at Diana Public Meeting

Not surprisingly, of the 24 persons who addressed the Webster County Board of Education this evening at the public meeting at the Diana Elementary School, not one spoke in favor of the proposed school consolidation plan.

The estimated 200 people in attendance in the Diana gym were solidly behind those who spoke opposing the plan. The speakers included Diana grade school students, high school students, parents, educators, and concerned citizens. During the speeches, Board members Paula Tanner, Harold Carpenter, Heather Nutter-Davis, Joyce Markle, and Lisa Clutter, along with Superintendent Martha Dean, took lengthy notes and answered the few questions directly posed to them.

Board of Education President Paula Tanner addressed the
large crowd at the Diana Elementary School.
Tanner, as Board President, was the only Board member to publicly address the large crowd. In an emotional response to some of the speakers, she said that "we are trying very hard to keep an open mind here [on the Board]. It's a hard time of year. It's hard to see people you've known your entire life stand in front of you and cry because their kids don't want you to shut your school down. As an elected Board member, I'll say for myself, that we're elected to take care of the entire county system. And I'm telling you now, no holds barred, it sucks. We appreciate the support you are showing for your school. And we hope you appreciate the job and the task that is set before us at this time of year because that's when the State says it has to be done." Tanner reminded those in attendance that the next public meeting is Tuesday, December 18, 2012, at 6:00 p.m. at the Webster Springs Elementary School, and that anyone who did not speak at the Diana meeting and who wanted to speak could sign up to speak at any of the upcoming meetings.

Concerned parent Debra Davis voiced her opposition to the
plan, and asked Board members to let her young child attend
school locally at the Diana school.
The 24 persons who spoke opposing all parts of the proposed plan included: Denise Clevenger, Sharon Hall, Debra Davis, Kristopher Davis, Alexis Davis, Jean Tenney, Phyllis Henderson, Debbie Clevenger, Dorothy Davis, Ricky McCourt, Amanda Green, Dwayne Green, Michele Davis, Sierra Riffle, Tammy Loftis, Kaitlin Anderson, Carla Cogar, John Estep, Tanya Giles, Nicole Giles, Gregory Westfall, Christina Westfall, LeAnne Westfall, and Michael Achtel.

The speakers voiced a number of reasons for keeping the Diana school open.  They suggested that the school is the heart of the community and closing the school would "gut" the community. One speaker cited the history of Guardian as an example. After the Guardian Elementary School closed in the 1960's, the town's post office and only store closed, leaving the town but a dot on the map. Others argued that Diana students have performed well on standardized tests and has been the only school in the county to meet the Annual Yearly Progress standards for two years in a row. Even others noted that the school has served as a community center for elections, reunions, wakes, a Red Cross shelter, and more, all of which would be lost if the school closed.

Diana student Gregory Westfall addresses
the estimated 200 folks in attendance.
Speakers were also distressed by the proposal to send 7th and 8th graders to the high school. They cited long bus rides, bullying, and sub-standard educational opportunities (based on low test scores at the high school) as a few reasons why they want their children to remain in grade school and not a high school setting.

The arguments against the proposed school consolidation plan were as diverse as the speakers and crowd in attendance. To summarize all of the reasons here would be a disservice to the speakers. The Commentator filmed all of the speakers over the course of the one hour and 45 minute meeting. We will upload videos of some of the speakers within the next 24 hours, so please check back later for video of this public meeting.

Another Sex Offender Loses in WV Supreme Court

Earlier this year, in a decision handed down by the West Virginia Supreme Court of Appeals on March 12, 2012, convicted sex offender Alvin Chambers' appeal was denied.

According to the decision, "in 2005, Chambers was sentenced on two counts of third degree sexual assault and two counts of sexual abuse by a parent, guardian or custodian. The two sexual assault counts were to run concurrently and the two sexual abuse counts were to run concurrently, but the sexual assault counts and the sexual abuse counts were to run consecutively. Chambers was therefore sentenced to twenty to forty years imprisonment."

Note: concurrent sentences are served together at the same time whereas consecutive sentences are served one after another.

Chambers' original appeal was refused by the Supreme Court. This decision came after he filed a "habeas corpus" petition, claiming the Warden of the prison was unlawfully detaining him. When Judge Jack Alsop ruled on the habeas petition in 2007, the Order incorrectly said that all of Chambers' sentences would run concurrently, in contrast to the original 2005 decision noted above.

Chambers, now age 44, contended that the ruling on his habeas petition by Judge Alsop effectively reduced his sentence by half since the sentences were to run concurrently, rather than the consecutive sentences originally ordered by Judge Alsop. When Judge Alsop noticed this clerical error, he corrected the habeas Order to read that the sentences would run consecutively, as originally ordered in 2005. Chambers then filed this habeas petition stating that Judge Alsop illegally increased his sentence.

The West Virginia Supreme Court of Appeals wasted little time in its decision, stating that Judge Alsop merely corrected the clerical error. "This Court finds no violation of double jeopardy principles, as the circuit court merely reinstated the previous sentence," the Court concluded. Chambers remains incarcerated at the Mount Olive Correctional Center, serving the 20 to 40 year sentence. The Department of Corrections' website lists his next parole hearing for July 22, 2025.

Sunday, December 16, 2012

Unselfish Play of the Game Deserves Attention

Everyone knows it takes teamwork to win games and unselfish plays by individual players deserve the appreciation of the fans.

At the Webster-Richwood game this past Friday evening, with the game on the line in the third quarter, junior guard Stephen Cogar (#55 in the video below) was wide open and poised for an easy uncontested layup. Rather than take the quick points, Cogar waited for a leaping senior guard Brett Morris and passed the ball to Morris for a momentum changing two hand slam dunk. Now that is teamwork and unselfishness.

School Consolidation Public Hearings Begin Monday

Beginning on Monday, December 17, 2012, at 6:00 p.m. at the Diana Elementary School, public hearings will be held by the Board of Education on the proposed school consolidation plan.

The Commentator has conducted a poll on the plan, with a total of 64 votes cast. 17 voted in favor of  all parts the plan; 26 voted against all parts of the plan; 13 voted in support of closing the Diana school but opposed the other parts of the plan; 3 voted against closing the Diana school but supported the other parts of the plan; and 5 voted that they did not yet have enough information to express an opinion about the plan.

To cast your vote on the plan, please click on the following link:

The public meetings will be held as follows (with the second date set as an alternate date in case of inclement weather or other factors beyond the Board's control):

12-17-12 (12-21-12) Diana Elementary School at 6:00 pm
12-18-12 (12-22-12) Webster Springs Elementary School at 6:00 pm
12-19-12 (12-26-12) Webster County High School at 6:00 pm
12-20-12 (12-27-12) Glade Middle School at 6:00 pm
12-20-12 (12-27-12) Glade Elementary School at 7:00 pm

At the public hearings, interested parties must sign up to speak at least 15 minutes prior to the start of the meeting, and each person is limited to a three minute presentation.

Here are the links to our prior articles in the order they were published (we strongly recommend that you watch the videos of Superintendent Martha Dean's responses to questions about the plan, which is the last link below):
1. http://webstercommentator.blogspot.com/2012/10/breaking-news-superintendent-proposes.html
2. http://webstercommentator.blogspot.com/2012/10/superintendent-fears-state-takeover-if.html
3. http://webstercommentator.blogspot.com/2012/11/school-consolidation-plan-hot-topic-at.html
4. http://webstercommentator.blogspot.com/2012/11/school-consolidation-plan-remains.html
5. http://webstercommentator.blogspot.com/2012/11/financial-reasons-for-webster-school.html
6. http://webstercommentator.blogspot.com/2012/11/countys-elementary-schools-outshine.html
7. http://webstercommentator.blogspot.com/2012/11/is-state-takeover-of-webster-schools.html
8. http://webstercommentator.blogspot.com/2012/11/questions-about-proposed-school.html
9. http://webstercommentator.blogspot.com/2012/12/actions-required-by-board-of-education.html
10. http://webstercommentator.blogspot.com/2012/12/superintendent-martha-dean-responds-to.html

Saturday, December 15, 2012

EDITORIAL: Lack of Security at School Events

Students at the Sandy Hook school in Connecticut being led to
safety after the horrific mass shooting on December 14, 2012.
The scene shown in the above picture is unimaginable and one which no parent ever wants to see.

In the wake of this tragedy, there is always debate about gun control. Some say this is not the time for such a debate, and others question when will this debate occur. This editorial is not about gun control. It is about the lack of security measures present at extra-curricular school activities.

West Virginia is a gun state. President Obama was criticized back in 2008 for saying that we "cling" to our guns and bibles here. He was right. And we do so cling to our guns and bibles. And we make no apologies for doing so.

Considering we are such a "gun state" we ask each of your who attend these extra-curricular activities to consider what security is in place to prevent or minimize a tragedy of the Sandy Hook type. For example, last night at the Richwood-Webster basketball game, folks could freely walk into the gym carrying any type of handbag, backpack, package, etc. No security was present to even observe folks entering the gym, let alone do a simple, non-invasive search of their coats/belongings. Other schools at events like this have officers present at all entrance doors and even have walk through metal detectors present. So it can be done.

We would freely consent to security searches at these types of events. We can hide behind our constitutional rights but the same must be sacrificed to this small degree to provide some measure of prevention, rather than debate the reaction when something like a Sandy Hook tragedy occurs.

We call on our Superintendent and our Board of Education to have a serious discussion about adding security measures now at these school events.

Sandy Hook could have been any of our schools.

Sandy Hook could have been any of our children.

We need a serious, honest conversation about how not to be another Sandy Hook.

Morris Slams Richwood into Submission




A stubborn Richwood team kept Highlander fans on the edge of their seats until mid-way into the fourth quarter when visiting Webster finally pulled away from the Lumberjacks Friday evening by a final score of 71 to 56.

The game was a seesaw affair with Webster leading 13 to 10 at the end of the first quarter and Richwood leading 29 to 26 at halftime. With the game tight in the third quarter, junior guard Stephen Cogar made what was perhaps one of the most unselfish plays in recent memory. Cogar was wide open and poised for an uncontested layup but he chose instead to pass off to a leaping senior guard Brett Morris who made a momentum changing two hand slam dunk. Morris added another slam dunk in the third quarter to spark the Highlander offense, with the quarter ending with Webster holding a 49 to 41 lead.

In the fourth quarter, a double technical foul on senior David Munzy (he was ejected from the game) helped Richwood edge to within four points at 49 to 45. Morris then took over, scoring 12 points in the fourth quarter. Morris finished with a game high 28 points. After the game, an obviously worn out Morris confessed he was sick when the game began, and a couple early fouls made him play extra careful early in the game before he and his teammates gained the momentum in the fourth quarter.

Although the Lumberjacks exposed a few weaknesses in the Highlander armor, inside shooting by junior center Dalton Davis and senior forward Hunter Given, coupled with three point shots by Lance Stout, kept the pesky Lumberjacks at bay.

Webster improved its early season record to 2 wins, 0 losses. They next play at the Roane County Raiders on Tuesday, December 18, 2012.

Once again, the Highlander junior varsity squad coached by Eddie Mazzella won, by a score of 99 to 56 to also improve to 2 wins, 0 losses on the season.
 

Friday, December 14, 2012

County's Jail Bill for November Exceeds $55,000

The Regional Jail Authority has billed Webster County $55,192.80 for the month of November, 2012, which is a total of 1,131 inmate days at $48.80 per day. At this rate, the County's annual jail bill would exceed $662,000.00.

The invoice, submitted to the County on December 7, 2012, lists the names of the inmates and the number of days each inmate was housed in the Regional Jail system. Persons charged with felonies accounted for 968 days, for a total cost of $47,238.40, or 85.6% of the total November bill; those charged with misdemeanors accounted for 163 days, for a total cost of $7,954.40, or 14.4% of the total November bill.

The following persons were held on felony charges (name, days):
Joretta Adkins, 30
Tony D. Adkins, 30
Rhonda S. Boggs, 18
Okey E. Brooks, 30
Katrina Brown, 2
Joe E. Butcher, 30
Stephanie Butcher, 30
Garry R. Butler, 18
Donald E. Chaffin, 30
Daniel M. Cobb, 30
Dorina Kay Barnhouse Cool, 30
Brian K. Cromer, 2
Willis A. Currence, 29
Brier Jon Cutlip, 30
Jeremy A. Dempsey, 29
Matthew B. Friend, 30
James F. Given, 30
Brian E. Hall, 30
Kimberly Sue Hinkle, 30
Connie J. Hosey, 30
William J. Jordan, 30
Mark W. Linkous, 30
Brett A. Lowery, 30
Roderick A. Lusk, 30
Kenneth R. Mathes, 30
Cole S. McCourt, 30
Dwayne E. McCourt, 1
Keith O. McCourt, 30
Shane E. McCourt, 30
Tracy L. McCourt, 30
Robert D. Pennell, 30
Jason D. Raikes, 29
Mary J. Rose, 30
Ronald J. Ward, 30
Amanda M. York, 30
Michael S. York, 30

The following persons were held on misdemeanor charges (name, days):
Angela B. Adkison, 1
Bradley K. Barbe, 29
Adam W. Cogar, 3
Kevin M. Davis, 1
Joanna L. Farlow, 3
Deward B. Hammond, 12
Mary Ann Garvin Hamrick, 6
Arey L. Harman, 30
Gary L. Key, 1
Glenn P. Linkous, 12
Landyn L. Lynch, 30
Timothy R. Malcomb, 30
Dorian L. McIe, 2
Rowden R. Roberts, 1
Jesse J. Skidmore, 1
Beverly L. Taylor, 1