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Deal proposed in ex-schools chief's ethics case

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The State Ethics Commission is set to review a proposed settlement Thursday in the ethics case against former Indiana Schools Superintendent Tony Bennett.

Inspector General David Thomas filed charges last November alleging Bennett violated state ethics laws by using public employees and state resources for "political campaign fundraising, responding to a political opponent's assertions, scheduling campaign meetings, scheduling campaign telephone calls, and/or other political and/or personal activity."

Both Thomas and Bennett's defense attorney, Jason Barclay, declined to discuss the details of the settlement before Thursday's commission meeting. It will be up to the five-member ethics commission to decide whether to approve the settlement.

An Associated Press investigation found that Bennett and his staff had kept copies of Republican Party fundraising lists on state computers. One list, dubbed "The Big Hitter List" included contact information for mega-donor Christel DeHaan and a suggestion that Bennett press her for more money.

Bennett secretly changed Indiana's school-grading system in 2012 to benefit DeHaan's Indianapolis charter school, Christel House Academy. Bennett resigned as Florida's schools chief last August, shortly after the AP published emails showing his efforts to benefit DeHaan.

In both the ethics case and the grade-change scandal, Bennett has said he did nothing wrong. Bennett hired two of the state's most prominent defense attorneys, Larry Mackey and Jason Barclay, to represent him in the ethics case. Mackey previously led the prosecution of Oklahoma City bomber Timothy McVeigh and Barclay rewrote the ethics laws in 2005 that Bennett is accused of breaking.

Mackey has become the state's most prominent white-collar criminal defense attorney, defending convicted Ponzi-schemer Tim Durham at the start of his case and successfully defending developer John Bales against fraud charges last year.

It is unclear if anyone else is investigating Bennett. A spokeswoman for Marion County Prosecutor Terry Curry, whose office handles prosecutions of state officeholders, did not return a request for comment Monday. Tim Horty, a spokesman for U.S. Attorney Joe Hogsett, said he could neither confirm nor deny any federal investigation of Bennett.

"We are aware of the IG's investigation and the existence of a report," Horty said.

It is against the law for public officials to use state resources for campaign work. Almost 30 years ago, former Schools Superintendent Harold Negley was indicted on charges of ghost employment and misuse of state resources for having his employees perform campaign work. He submitted a guilty plea in 1985, and was fined $1,000 and forced to do 2,000 hours of community service.

In one email from Bennett, dated August 28, 2012, he asked then-Chief of Staff Heather Neal, then-Deputy Chief of Staff Dale Chu and other top staffers to dissect a campaign speech from his opponent, Democrat Glenda Ritz. Ritz upset Bennett in the 2012 election a few months later.

"Below is a link to Glenda's forum in Bloomington. It is 1:35 minutes. I would ask that people watch this and scrub it for every inaccuracy and utterance of stupidity that comes out of her mouth," Bennett wrote.

Bennett's calendar also listed more than 100 entries of "campaign calls" during the day, although it is not clear if he made the calls from inside the Statehouse -- a violation of state law -- or somewhere else.

Bennett's former Communications Director Cam Savage downloaded one of the fundraising lists to a Statehouse computer in 2009. In other emails, Bennett's staff talked about doing campaign work during normal work hours. Neal resigned as Gov. Mike Pence's chief lobbyist two weeks after the grade-changing scandal was uncovered and took a job with Savage at the campaign firm Limestone Strategies.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. 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

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