Tuesday, January 29, 2013

Top 10 Stories of 2013 - No. 4

  At the end of the year, publications often do a recap of what they deem to be the biggest stories of that calendar year. But I dance to a different drummer so below the reader will find the first four potential Top 10 stories I would like to read in 2013. To keep the posts from being too long, I am posting them separately over several weeks. They will not appear in any particular order - it isn't possible to predict the impact of stories until all the facts are known so there is no way of predicting which will prompt the most impact and/or interest.
   So here we go...

2013 Story No. 4


    According to a story posted on the N&O website on Jan. 9, the North Carolina State Board of Education was set to vote on whether to allow online charter schools for K-12. These for-profit virtual schools, if approved, would be eligible to receive taxpayers' dollars as do traditional charter schools.
   The number of brick-and-mortar charter schools has been and continues to grow across the state. The creation of some, such as the new charter school in Corolla, are easily defensible. That small school is serving about two dozen students who previously either had to pay tuition to attend Dare County schools or be bused through Dare County, across Wright Memorial Bridge and onto Currituck County mainland. The distance between their home village and the schools that they attended made for long days for the children and made it difficult for parents and students who wanted to be involved in school activities such as sports, teacher conferences. etc.  
   But charter schools opened to fill this type of need thus far have been the exception. Many are opened simply because parents want a private school type situation funded by tax dollars.
   When a charter school is approved for operation, the per student amount of tax dollars allotted to the public school system is transferred from the coffers of the public school system to charter school. For instance, if Dare County gives the Dare County Schools $5,000 per student, that amount is transferred to the charter school for each student enrolled thus shrinking the public school budget. The charter schools do not receive funding for buildings or maintenance.
   Due to charter schools funding, Pamlico County school system may lose about one-third of its funding in the next budget. Martin County, a low-wealth county, is shifting more than $350,000 from the local public school system to charter schools.
   An analysis of the impact of charter schools on public education is probably long over due. It would be interesting to see the following questions answered in a story about the topic:
    1. What is the overall educational standards track record of charter schools in North Carolina? How to they compare with public school districts?
   2. What oversight is provided by the state to ensure that state-mandated curriculum is followed?
   3. How do students who leave charter schools to attend public schools adjust? Are they behind or are they ahead of their peers?
   4. Do any of the charter schools have mandated religious or unique interest training and, if so, should that be funded with tax dollars?
   5. Have charter schools prompted public schools to improve their course offerings and teaching standards? Or, because of pared back budgets, are they offering less learning opportunities and reducing their teaching expectations?
   6. Has the loss of students to charter schools caused public schools to be less cost effective? If the expense for teaching a course averaged $100 per pupil, does the reduction of students now make the course financially prohibitive to offer? 
   7. Should local elected officials and/or the local voters have a voice in whether to use tax dollars to fund charter schools in their districts?
   This would be an interesting story for some enterprising reporter. And the public has a right to know the answers.
   
   

Thursday, January 17, 2013

And here comes the judge...again


    Attorneys representing the Town of Kill Devil Hills have asked the North Carolina Supreme Court to place sanctions against attorneys representing Dare County Resident Superior Court Judge Jerry Tillett. Representing the judge are Kevin Rust and Norm Shearin of the Raleigh office of the Norfolk-based firm of Vandeventer and Black. 
    [The earlier version of this post stated that the sanctions, if granted, would go against the judge. That was incorrect.]
   The judge first sought a hearing before the North Carolina Court of Appeals in reference to its opinion handed down on Oct. 16 that vacated an order issued by Superior Court Judge Milton F. Fitch, 7B Judicial District. Although not the focus of the appeal, the court also vacated an earlier order issued by Tillett. Both orders were issued against the town. 
    In seeking the hearing, it was argued that although not a party to the suit, because the Appeals Court had vacated his order and because the Judicial Standards Commission may be investigating his actions related to the Kill Devil Hills Police Department, the judge was entitled to a hearing.
    The Appeals Court refused Tillett's request. He was not a party of the original case.
   In response, on Dec. 20, a petition was filed on Tillett's behalf by his attorneys with the Supreme Court. 
   The town responded to the petition through its attorneys in the matter, Dan Hartzog, Dan Hartzog, Jr. and Jaye E. Bingham-Hinch of the Raleigh firm of Cranfill, Sumner and Hartzog. 
   The attorneys argued that Tillett had no standing to enter the suit at this point and noted that he had remained silent up until that point.
    And now, Tillett's attorneys, have filed a response to the town's response although Supreme Court rules do not allow such filings.
    The town's attorneys have responded by asking that the Supreme Court place impose sanctions against the attorneys for filing frivolous actions and for violating the court's rules.
    The most recent filing on behalf of Tillett is linked here.
    The request for sanctions is linked here.
    For more on the background of the case and and links to previous filings, scroll down to earlier related blogs on this site titled "Oh, what a tangled web... " and "Top 10 Stories of 2013 - No. 1."
   

Sunday, January 13, 2013

Top 10 Stories of 2013 - No. 3

    At the end of the year, publications often do a recap of what they deem to be the biggest stories of that calendar year. But I dance to a different drummer so below the reader will find the first three potential Top 10 stories I would like to read in 2013. To keep the posts from being too long, I am posting them separately over several weeks. They will not appear in any particular order - it isn't possible to predict the impact of stories until all the facts are known so there is no way of predicting which will prompt the most impact and/or interest.
   So here we go...

2013 Story No. 3

    According to a story posted on the N&O website on Jan. 13, the North Carolina Board of Transportation has voted to increase fees on ferries currently charging vehicles and to add tolls to several routes that have been free. These new taxes become effective on July 1.
    The link to the story is: http://www.newsobserver.com/2013/01/12/2602599/board-of-transportation-members.html
    The only ferries not to come under the new toll rates on July 1, are the Hatteras-Ocracoke route and the Currituck-Knotts Island route. Some board members, states the story, objected to not charging tolls on the two exempted routes because the Hatteras-Ocracoke route is the most heavily used in the state. If it also was taxed, it would allow reducing the tolls on the other ferries, they argued.
    Ocracoke Island is accessible only by ferry - either the taxed ferry from Cedar Island and Swan Quarter on the mainland or via Hatteras Island ferry which is free. If the Hatteras-Ocracoke route is tolled, there will be no free way to access the island. Ocracoke residents would have to pay to access any other part of the state. 
    The ferry trip from Ocracoke to Swan Quarter - the county seat for Hyde County that includes the island - takes about 2.5 hours one way. The only "free" transportation corridor is via Hatteras-Ocracoke ferry, then NC 12 north to Whalebone Junction, west on US 64 to US 264 in Manns Harbor, and then approximately two hours to the county courthouse for a total of about 6 hours.
   An interesting story about this issue would answer the following questions:
    1. Does State law and/or the North Carolina Constitution guarantee that the public can move freely throughout the state? If so, how would that apply to Ocracoke islanders if use of the Hatteras-Ocracoke ferry was taxed, thus removing the only free access to the island?
    2. Is there any location in the state that can be accessed only by paying a tax? Where?
    3. Taxes on the Ocracoke-Swan Quarter and Ocracoke-Cedar Island ferries will be more than doubled beginning on July 1. How will that affect the cost of supplies and services provided to the island from the mainland? Who will be the hardest hit by this increase?
    4. Will the increased tax pull money out of the local economy? If so, will this impact small businesses, particularly those that remain open in the winter when there is little tourism?
    5. If the island's economy is negatively impacted, will there be a secondary impact on other state agencies' budgets? If a resident has to go to the mainland for medical services on a regular basis, will the increased cost discourage them from seeking the healthcare they need? 
    6.Will the added cost of transportation equate to a larger number of residents getting increased financial help and food stamps from Social Services and higher reimbursements from Medicaid? Will other government agencies have a direct cost by having to pay the tax for their vehicles/passengers? 
    7. The stated goal of raising the taxes is to collect an additional $5 million with which to partially fund the ferry division. Other taxes already in place - such as the gas tax - are used to fund the Department of Transportation of which the Ferry Division is a part of. Is there a goal of tolling all transportation corridors across the state to offset the cost of maintaining roads, highways and bridges? 
    8. If not, why are these water transportation routes that are part of the State system being taxed?
    9. Before passage of the increased and new taxes, was there an economic impact study done to identify potential unintended consequences?
    10. If, at a later date, the Hatteras-Ocracoke ferry route is taxed, how will that affect businesses who rely on employees who use the ferry to travel from home to work? 
    11. Will the General Assembly take up this issue when it convenes? How do these taxes fit into the promise of less taxes so that there can be more economic growth?
    12. Frequently, the fact that the coast depends on tourism is used to try to argue that not all those being taxed are residents. But, in this case, all the residents are being taxed regardless of how many tourists use the ferries. Does it really make a difference who pays a tax?
    Please let me know if you find this story - I'm anxious to read the answers.
    



Sunday, January 6, 2013

Top 10 stories of 2013 - No. 2


  At the end of the year, publications often do a recap of what they deem to be the biggest stories of that calendar year. But I dance to a different drummer so below the reader will find the first two potential Top 10 stories I would like to read in 2013. To keep the posts from being too long, I will post them separately over the next several days. They will not appear in any particular order - it isn't possible to predict the impact of stories until all the facts are known so there is no way of predicting which will prompt the most impact and/or interest.
   So here we go...

2013 Story No. 2

   Many news outlets are increasingly using press releases on which to base stories without looking at the underlying data and/or seeking out other information.  Often the releases are from special interest groups that have a fixed position and their own agendas.  
   I began my writing career as a ghost writer for scientists and learned early in the process that "confounders" can completely negate the validity of the research if not acknowledged and taken into consideration when trying to reach a defensible conclusion.
    An excellent example of how ignoring confounders can affect journalism can be found in this editorial that recently appeared in the Virginian Pilot:  
    http://hamptonroads.com/2013/01/orv-crisis-didnt-come
    The editorial, based on an earlier news story in that publication, proclaimed that there has been no crisis on Hatteras Island due to beach access restrictions. And, in fact, it states that 2012 has proven to be a banner year for the Outer Banks - according to occupancy tax collections and attraction visitation statistics.
    The occupancy tax collection totals by district can be found at this link.
    The county-wide occupancy tax collection totals by year are available at this link.
    Attraction visitation statistics can be accessed at this link.
    It would be refreshing to see them go back to the drawing board and actually look at and analyze the data, develop an understanding of what it means, and poke around a bit to find the confounders. I don't think it is possible to quantify what the economic impact has been to Hatteras Island - because there are too many confounders. And I also think that a review and further research might not result in proclaiming that the Outer Banks had a record-setting number of visitors. I do think that there is a very good story to be found but they will have to look for it.
    Here are some questions I'd like to see them ask:
    1. What is an occupancy tax and exactly what is it charged against?
    2. Comparing year-to-year totals of tax collected, how are the reports adjusted to keep an apples-to-apples basis? Are increases in rental rates accounted for? Are new services provided that increase the amount of tax paid by the renter noted? 
    4. How is it possible to take a tax collection total and translate it into the number of actual visitors?
    5. In the past five or six years, have any IRS rulings changed what the tax is applied against and thus had a major impact on the total collected?
    6. Attraction visitation statistics are gathered in a wide assortment of ways by the reporting venues. The National Park Service uses a traffic counter to collect information about how many cars drive through the Seashore which begins near Whalebone Junction in Nags Head and ends on Ocracoke Island, south of Hatteras Island. How does the traffic count separate vehicles driving back and forth to work, supply trucks delivering merchandise and DOT vehicles from those driven by tourists?
    7. Is the traffic count reflective of tourists visiting the Seashore or simply of the number of vehicles using NC 12? How many vehicles go to destinations such as Coquina Beach and Bodie Island Lighthouse which are north of Oregon Inlet? How many cross Bonner Bridge to go only as far as Pea Island? How many to Hatteras Island? How many to Ocracoke Island?
    8. Why don't the statistics for Cape Hatteras Lighthouse correlate with the increases/decreases in the traffic count?
    9. What is the  unemployment rate since 2007 to present for Dare County for the month of October? What is the rate for that same period north of Oregon Inlet? South of Oregon Inlet?
    10 What is the total annual amount of food stamps issued in Dare County from 2007 to present date? North of the Oregon Inlet? South of Oregon Inlet? 
    11. When were tourists evacuated off Hatteras Island before Hurricane Irene?
    12. When was access via NC 12  to the island opened to the public after the hurricane?
    13. Where did all the visitors listed as going to the seashore come from in September and October 2011 since most of NC 12 south of the inlet was closed to the public?
    14. In November 2011, there was an influx of visitors reported as going to the Seashore. Was this unusual increase in traffic on NC 12 due to tourists flooding into the area to see the destruction? Or were a large number of the visitors employees of FEMA and other agencies who went in to help with relief and recovery efforts? Could some of the travelers have been insurance adjusters who had waited for the road to open because they didn't want to spend several hours riding ferries which provided transportation while the road was closed? And was there an usual amount of construction crews and materials going into the area?
    The answers to these questions are all obtainable - just takes a real newsperson to search them out.
    

Thursday, January 3, 2013

Top 10 stories of 2013 - No. 1

    At the end of the year, publications often do a recap of what they deem to be the biggest stories of that calendar year. But I dance to a different drummer so below I've posted the first of what potential Top 10 stories I would like to read in 2013. To keep the blog from being too long, I will post them separately over the next several days. They will not appear in any particular order - it isn't possible to predict the impact of stories until all the facts are known so there is no way of predicting which will prompt the most impact and/or interest.
   So here we go...

2013 Story No. 1

    The North Carolina Court of Appeals turned down Resident Superior Court Judge Jerry Tillett's request for a second hearing about Kill Devil Hills' appeal of an order issued by Judge Toby Fitch which, if upheld, would have allowed police officers to take their employment complaints directly to Tillett.
    In his petition to the COA, the judge, via his attorneys, argued that because the Court of Appeals mentioned that Tillett didn't have authority to issue an earlier order demanding that the town provide copies of several personnel files, that he has been aggrieved and deserves an opportunity to tell his side of the story.
   In his filing with the COA, it was stated that Tillett was seeking review, in part, because the Judicial Standards Commission - the body that oversees and, when applicable, disciplines judges for bad behavior - might be investigating Tillett's actions taken against the Kill Devil Hills Police Department and other town officials.
    The COA in its ruling noted that there was no hearing, charges or existing court case on which to base the orders - Fitch's or Tillett's. Now, denied a hearing by the Court of Appeals, Tillett's attorneys have petitioned the NC Supreme Court to review the COA's refusal to allow another hearing so that Tillett can speak.
   Tillett's filing with the Supreme Court can be found at this link.
   The Town's response to the Supreme Court filing can be accessed at this link.
   Clearly, not all of this story has filtered to the surface. Let's hope that in the coming year, readers will have an opportunity to read a story or stories that elaborates on these issues:
   1. What prompted the police officers to file complaints against the police chief with Judge Tillett? How did they know that they could take such action?
   2. How did the complaining police officers choose the attorney who represented them in their failed lawsuit against the town and police chief? Who and how was the attorney paid?
   3. How did the complaining police officers choose the attorney who represented them in their failed attempt to have District Attorney Frank Parrish removed from office? Who and or how was the attorney paid?
   4. In addition to the attempt to remove him from office, were there other actions or threats made against the district attorney? If so, what were they and by whom were they made?
   5. How did the complaining police officers choose the attorney who represented them in their failed attempt to have Superior Court Judge Alma Hinton disciplined by the Judicial Standards Commission after she determined that there was no valid reason to remove the district attorney from office? Who and/or how was the attorney paid?
   6. After issuing his order that would have allowed all police department personnel complaints to go directly to Judge Tillett, why did Judge Fitch say he did not have jurisdiction over the matter? Why did Fitch sign the order when there was no existing case and it was outside his judicial district? Why didn't he file a response to the Town's appeal to the Court of Appeals?
   It's obvious that the entire story about this matter has not been made public. Let's hope all the facts surface this year so that those who are guiltless have their reputations cleared and those with ulterior motives have a bright light shone on them. The public deserves no less and the press has a responsibility to keep digging until they hit the bottom of the trash heap.