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State sues ex-school chief, seeks $615,000

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The former superintendent of a small southern Indiana school system owes the district more than $615,000 in public money that he misappropriated, according to a lawsuit filed by Indiana Attorney General Greg Zoeller’s office.

Marion “Al” Chapman was fired as superintendent of Cannelton City School Corp. in December 2011, after more than six years in the position. The State Board of Accounts this month released an audit that revealed misappropriation including:
-- $206,688.27 Chapman authorized payments to himself beyond his contract through payroll or annuities;
-- $333,333.33 gifted to the school as a trust intended to fund high school improvements but instead was depleted to pay general fund operating expenses;
-- $50,185.64 in attorney fees stemming from Chapman’s discontinuation of paying taxes;
-- $9,000 in unallowed prepaid travel allowances, and;
-- $1,241 in penalties, late fees and charges the schools accrued under Chapman’s leadership.

Chapman also is asked to pay the $15,157.89 cost of the audit in the civil suit filed in Perry Circuit Court.

The lawsuit also asks for an injunction to freeze Chapman’s assets, including bank and retirement accounts and vehicles. Perry Circuit Judge Lucy Goffinet on Friday signed a temporary restraining order and scheduled a hearing for Aug. 30 on the state’s motion for a preliminary injunction, a statement from the AG’s office said.

“The amount that the audit found misappropriated is simply shocking even without the misuse of a trust fund gift worth one-third of a million dollars; but what’s truly disheartening is that a top school official – a person to whom teachers, students and parents ought to look to for leadership – has drained public school funds intended for children’s education in order to overpay himself. This is a betrayal of the public trust, and my office will use all our legal tools to make this individual reimburse the school system,” Zoeller said in a statement.

The lawsuit also names as a defendant Indiana Insurance Company, which carried a $1 million errors and omissions policy on Chapman. The suit seeks to collect on the policy to reimburse the school system for the loss.

With 240 students enrolled last year, Cannelton City Schools is the second-smallest non-charter public K-12 school system in the state, according to Indiana Department of Education data.

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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