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Indiana Public Access Counselor sides with NDSP in denial of records requests

Posted on January 26, 2021 by admin

first_imgIndiana Public Access Counselor Luke Britt sided with Notre Dame Security Police (NDSP) on Monday in responding to a complaint filed with his office last month by The Observer. The complaint concerned the police force and Notre Dame’s denial of records requests in November, despite a change in state law last year that might have required them to grant access.The relevant law hinges on the legal distinction between private and public agencies.Under Indiana’s Access to Public Records Act (APRA), “public agencies” — like local police departments — are required to release certain records by law. However, private university police departments like NDSP have long been considered private agencies under state law, and therefore not subject to APRA.Last spring, the Indiana State Legislature passed HB 1022, which would have required private university police departments to disclose records only in situations where someone was arrested or incarcerated, shielding them specifically from the rest of APRA. It was vetoed by then-Gov. Mike Pence in March.But in November, the South Bend Tribune reported another law — HB 1019 — was also passed last year containing language such that it inadvertently changed the state’s definition of a “public agency” to specifically include university police departments.Effective July 1 of last year, the law changed the term’s definition, which now reads in the Indiana State Code as the following:“‘Public agency,’ except as provided in section 2.1 of this chapter, means the following: … (11) A private university police department. The term does not include the governing board of a private university or any other department, division, board, entity, or office of a private university.”Of the change in the definition, Britt said it was “inadvertently inserted into HB 1019.”Britt said in a letter that his office became aware of the error in July 2016, and that “on the advice of the Legislative Services agency,” he began to advise his constituents that the changed definition had “the full force of law.”“In August of 2016, however, the Indiana Legislative Council voted unanimously to include the error in the 2017 Technical Corrections Bill, HB 1181,” Britt said. “As of the date of this writing [Jan. 30] it had been referred to the Judiciary Committee but had not yet been passed.”Britt also cited the state Supreme Court’s decision in ESPN’s lawsuit against Notre Dame, which ruled in November that private universities in Indiana are not obligated to disclose police records.“While I may respectfully disagree with that ruling as Public Access Counselor for policy reasons, I defer to the Court’s opinion as the binding and final authority on the matter,” Britt said.Ultimately, Britt said his interpretation of the events surrounding HB 1019 is that the change regarding private university police departments was unintentional.“While the language itself and its impact is substantive and not technical in nature, it was obviously an oversight to include it in the bill,” he said. “I hesitate to categorize it as a simple scrivener’s error, however, it appears to be done in error.“It has been my modus to evaluate the totality of circumstances of an issue and not make determinations on a technicality.”Because he believes the correction will pass the General Assembly and because of his interpretation of the original bill’s intent, Britt said he would “defer to the General Assembly.”If, however, the section regarding APRA is removed from or altered in the legislative corrections bill and private university police departments remain in the definition of “public agency,” Britt said he would revisit the issue.Tags: APRA, HB 1019, HB 1022, NDSP, police recordslast_img read more

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Trapattoni offers hope to Doyle

Posted on September 21, 2020 by admin

first_imgGiovanni Trapattoni has reiterated that Kevin Doyle’s Ireland career is far from over. Trapattoni insists the 53-cap forward remains part of his thinking going forward, but acknowledged he needs a move from League One Wolves. He said: “I have Doyle in my heart. I promise him we will continue to follow him. “But it is important to look around, with players like Paddy Madden and Simon Cox we can look to the future. We have many strikers. “If I had called him (Doyle) in for this game, maybe he would be on the bench and not play which would not help his confidence and I have to do what I feel is right.” When asked if a move before the end of the transfer window would be good for the former Reading man, Trapattoni added: “It would be better as he can try and regain confidence. “Many times I have said to you strikers depend on the support of their team. “Without the team to give you the ball to score it is impossible. “Kevin is an intelligent player. I think it is important for him to get another opportunity, whether the money is 20 per cent more or 20 per cent less. It’s important to go to a club to play. It depends on his agent.” Wolves striker Doyle, 29, has not featured for Ireland since the 1-0 friendly defeat against Greece last November. He was last included in a squad in March and was again left out of manager Trapattoni’s selection for Wednesday’s friendly against Wales despite Robbie Keane, who has been allowed to remain with Los Angeles Galaxy, and Simon Cox being unavailable to the Italian. Press Association Trapattoni’s squad has been heavily hit by injuries ahead of the friendly contest with the Welsh at Cardiff City Stadium, as Ireland build towards World Cup qualifiers with Sweden and Austria. In addition to Cox, Anthony Pilkington, David Forde, Sean St Ledger, Aiden McGeady and Stephen Quinn are also absent through injury. Norwich midfielder Pilkington’s knee injury comes after three previous occasions when he has had to withdraw from the national squad. But Trapattoni has no doubt Pilkington wants to represent Ireland and made it clear he does not believe the player has done anything wrong in failing to report to have his injury checked. He said: ”We have a good relationship with our doctor, he knows many club doctors and with Pilkington I also asked Wes (Hoolahan) and he told me his knee is swollen, he has been having injections and he has pain and I am confident about the professional doctor. ”The doctor is important, he is not a manager, it is a specialist position with a big responsibility.” Trapattoni also revealed plans to start with Kieren Westwood in goal on Wednesday and is pondering trying out a 4-4-1-1 formation with Jon Walters being utilised out wide. last_img read more

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GSA boys’ soccer earns runner-up finish in Class C North

Posted on September 20, 2020 by admin

first_img Bio Ellsworth runners compete in virtual Boston Marathon – September 16, 2020 Latest posts by Mike Mandell (see all) MPA approves golf, XC, field hockey, soccer; football, volleyball moved to spring – September 10, 2020 Mike MandellMike Mandell is the sports editor at The Ellsworth American and Mount Desert Islander. He began working for The American in August 2016. You can reach him via email at mmandell@ellsworthamerican.com.center_img Latest Posts BLUE HILL — A memorable season for the George Stevens Academy boys’ soccer team came to an unfortunate end Thursday afternoon.Playing through pouring rain in the northern reaches of the state, the No. 3 GSA Eagles fell 4-0 to top-seeded Fort Kent in the Class C North championship game. The result marked the Eagles’ second Class C North runner-up finish in a row.Noah Martin, Camden Jandreau, Austin Plourde and Niko Naranja scored the goals for Fort Kent. Goalkeeper Alec Witham had a big day for GSA (11-2-4) with 20 saves.Despite the loss, GSA still had a successful season. The Eagles made it farther in the Northern Maine playoffs than any other boys’ or girls’ team in Hancock County, and they also upset perennial powerhouse Orono in the road in the playoffs for the second year in a row.This is placeholder textThis is placeholder textPrior to Thursday’s game, the Eagles had also been undefeated in Class C play. The team’s only loss in the regular season came on the road against Ellsworth, a Class B opponent.“Our guys have a lot of grit,” GSA head coach Mark Ensworth told the St. John Valley Times. “They [Fort Kent] have a fast team. It comes down to execution, and it wasn’t our day.”GSA will lose Witham, Ben Cole, Taylor Schildroth and others to graduation in June, but the team will have a good crop of players back next season. Among those returning are Owen Vinall, Ethan Vinall, Jeremiah Scheff, Memphis Parker, Grayson Eaton and Michael Moon, each of whom saw consistent playing time throughout the 2017 season.Fort Kent then fell 1-0 in the state title game Saturday against Maranacook. The game was tight throughout until Maranacook scored with 20 seconds left to play to claim its third championship in five years in dramatic fashion.Other boys’ state champions were Lewiston (Class A), Yarmouth (Class B) and Bangor Christian (Class D). Yarmouth’s title was its fourth in a row, a streak that began when the Clippers defeated Ellsworth 1-0 for the crown back in 2014.Yarmouth also repeated as the state champion on the girls’ side with a 9-0 win over Presque Isle that capped off an undefeated season. The other girls’ winners were Camden Hills (Class A), Houlton (Class C) and Richmond (Class D). Hospice volunteers help families navigate grief and find hope – September 12, 2020last_img read more

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Henry Schoonmaker to sit out game against Hobart with upper-body injury

Posted on September 17, 2020 by admin

first_img Facebook Twitter Google+ First-line midfielder Henry Schoonmaker will not play against Hobart due to an upper-body injury, an SU Athletics spokesman confirmed.At Monday’s weekly media availability, head coach John Desko said Schoonmaker would likely not be available. The fifth-year senior was sidelined for the majority of the second half in Saturday’s loss to North Carolina. Schoonmaker was seen on the ESPNU broadcast with his right shoulder wrapped on the sideline during the game.Leaving the game, Schoonmaker was seen with his arm in a sling and with ice wrapped around his shoulder. He got off to a slow start to the season, but scored 10 of his 13 goals in the four games before the injury.Second-line midfielder Tim Barber — who replaced Randy Staats at attack when the senior was injured — is the likely replacement for Schoonmaker on the first line. Comments AdvertisementThis is placeholder text Published on April 14, 2015 at 5:48 pm Contact Matt: mcschnei@syr.edu | @matt_schneidmanlast_img read more

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