Please CUT and PASTE

Submitted by lmcshane on Fri, 10/19/2012 - 08:36.

Photo of "new" Paul Dunbar School under construction

Photo above shows construction standards for "new" Paul L. Dunbar school just south of St. Ignatius--see posts at REALNEO on Buhrer School for the insanity of this construction and gross waste of taxpayer $$$--carpetbaggers...

IN THE COMMON PLEAS COURT OF CUYAHOGA COUNTY, OHIO
CIVIL DIVISION

Laura McShane. Case No.

Cleveland, Ohio 44109,

Plaintiff,

Cleveland Metropolitan Judge:
School District

1380 East Sixth St.

Cleveland, Ohio 44114

and

James Darr, Administrator

Issue 14 Bond Accountability Commission

c/o Cuyahoga Community College
2900 Community College Ave. MBA, Room 221
Cleveland, Ohio 44114

and

Jane/John Doe

Defendants

1. The Plaintiff, Laura McShane, Pro Se, is a resident and taxpayer in the Cleveland Metropolitan School District

2. The defendant Cleveland Metropolitan School District (hereafter referred to as CMSD)serves residents within the Ohio Public School District 1809

3. The defendant James Darr has been assigned as administrator of the Issue 14 Bond Accountability Commission.

4. Jane/John Doe are other parties possibly engaged in the conduct complained herein and to be identified upon future discovery.

FIRST CLAIM

5. The plaintiff incorporates by reference the facts and law as alleged in paragraphs (1) through (4) as if fully rewritten here.

6. Plaintiff voted in 2001 in favor of Issue 14, the levy for “Warm, Dry, Safe” Cleveland schools and holds the Cleveland Metropolitan School District accountable for failing to keep the promises made to taxpayers during the 2001 levy campaign and subsequent formation of the Bond Accountability Commission to uphold the original master plan commitments to taxpayers in the City of Cleveland.

7. Plaintiff understood and expected the Cleveland Metropolitan School District and the City of Cleveland to respect the landmark designation designed to protect John Marshall High School designed by architect George M. Hopkinson and located within the City of Cleveland at 3952 W 140th St Cleveland, OH 44111

SECOND CLAIM

8. Passage of Bond Issue 14 did not promise the taxpayers the burden and expense of new construction, and the Bond Accountability Commission, established after that levy successfully passed, has not held the Cleveland Metropolitan School District accountable to the promises made to taxpayers during the 2001 School Levy campaign.

9. The voters of Cleveland authorized the creation of the Bond Accountability Commission (BAC) with the passage of Issue 14 in May 2001. The independent, community-based organization was formed to oversee the Cleveland Metropolitan School District’s facilities Master Plan and the expenditure of $335 million in Issue 14 funds authorized by Cleveland voters.

10. Defendant Bond Accountability Administrator James Darr failed to present the true cost and errors and in the estimates of the new construction proposal to taxpayers and residents in the City of Cleveland for all construction projects, and especially John Marshall High School.

11. Defendant Bond Accountability Administrator has failed to present timely information and data crucial to the CMSD facilities plan on the Bond Accountability website: http://net.cmsdnet.net/BAC/BAC.htm last updated on 1/19/2010.

THIRD CLAIM

12. Defendant the Cleveland Metropolitan School District employed facilities administrators who have been investigated and prosecuted for fiscal malfeasance possibly related to the construction contracts engineered for the new construction alternative as opposed to a full renovation of historic John Marshall High School. These administrators include former Chief Operating Officer Daniel Burns and Shenee McCoy-Gibbons, administrative assistant to former COO Daniel Burns and other possible persons implicated in the Cuyahoga County corruption probe identified herein as defendants Jane/John Doe upon further discovery.

WHEREFORE, Plaintiff Laura McShane demands

1.) injunctive relief to cease and desist all action on the demolition of John Marshall High School. 2.) Plaintiff demands CMSD to uphold the promise made to taxpayers to renovate and preserve the landmark building known as John Marshall High School 3.) Plaintiff requests compensation for all personal court costs related to presenting this matter for public review and prosecution.

Submitted by:

___________________________________________________

Laura McShane, Pro Se

Date:

IN THE COMMON PLEAS COURT OF CUYAHOGA COUNTY, OHIO
CIVIL DIVISION

Laura McShane Case No.

Cleveland, Ohio 44109,

Plaintiff,

Cleveland Metropolitan Judge:
School District

1380 East Sixth St.

Cleveland, Ohio 44114

Et al.

Defendants

PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Now comes plaintiff and moves this Court pursuant to Civil Rule 65 for a preliminary injunction requiring all defendant Cleveland Metropolitan School District to cease and desist all demolition proceedings on John Marshall High School at 3952 W 140th St Cleveland, OH 44111.

Respectfully submitted

_________________________________________

Laura McShane, Pro Se
Cleveland, Ohio 44109

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Please CUT and PASTE

Submitted by lmcshane on Fri, 10/19/2012 - 10:10.

And improve the blog posting above. I AM NOT at work this morning. I am at my home computer exercising my right to be disgusted with the elected officials in Northeast Ohio and the gross abuse of the American taxpayer.

I have been in communication with many people who are against the school levy and, sadly, so am I. I WISH that as a taxpayer, I could count on my elected officials to serve the PEOPLE and not themselves. I WISH that the media would expose those elected officials who do not serve the taxpayer.

I used the template of a complaint submitted here at REALNEO to create my own complaint against the school district and the official (former PD employee) who was entrusted with the job of watchdogging the school district with our money.

I can't submit this because I am a public employee and I have already been subjected to harassment for my attempts to "out" the truth. If I was truly strong I would still do it, but I am tired and physically sick of the effort to be heard.

It is my hope that someone with more courage will take on this fight and make an attempt to stop the demolition of John Marshall High School. I am going to take pictures today of the "new" construction, residents can expect in their neighborhood after a perfectly good school is demolished. BTW, John Marshall had a new roof recently installed by taxpayers. That, too will be demolished after the last John Marshall football game on October 26th.

http://blog.cleveland.com/letters/2012/10/cleveland_schools_waste_the_co.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Just because it's legal to use Cleveland school construction bond money to repair aging schools doesn't make it right – or smart.

Cleveland voters approved the $335 million Issue 14 in 2001 to deal with aging schools.

Since then, 32 of the district's 86 buildings have been renovated or replaced. The projects qualified for a two-for-one match that has brought in more than $422 million from the state, according to district spokeswoman Roseann Canfora. That's a huge jackpot for the city's children.

The trouble is, the district has also been raiding the fund – to the tune of $56 million – for emergency repairs. That's not improper; the bond money can be used that way. But it's foolish and a waste of money that has meant forgoing more than $100 million in state matching funds plus having to pay interest on the money.

Cleveland schools CEO Eric Gordon, who took over in 2011, says he doesn't like to use bond money for roof repairs, new doors or other fixes, but doing so has been standard practice for years because the district doesn't have enough money for maintenance.

He also says he wants to preserve the district's operating budget for teachers and other classroom necessities.

But that simply reflects poor planning and shortsighted stewardship by the district, apparently going back years, as well documented by James Darr, the ever-vigilant administrator of the Bond Accountability Commission, a panel set up to monitor school construction funds. The district ought to pay attention to Darr's thorough reports.

Going forward, the district has been floating the idea of twin levies – a permanent improvement levy for repairs and an operating levy – to support its school reform plan, following favorable General Assembly votes last week.

But if those levies are to pass, Cleveland voters will need more than just promises that the district will be a lot wiser about how it spends the public's money.

Edition:

Final

Section:

Opinion

Page:

Index Terms:

EDITORIALS

Record Number:

MERLIN_12943889

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

SEE this editorial ? PD chastises CMSD for actually following the INTENT of the levy --to provide WARM, DRY, SAFE schools for students...but that would be a FOOLISH thing when the DISTRICT could CA$$$H in on State monies by TEARING DOWN... sick world, sick, sick, sick...