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Kokomo Tribune (Newspaper) - April 28, 1994, Kokomo, Indiana K OKOMO Vol 143 No 235 Kokomo Ind Thursday April 50 cents GM reports earnings up 66 percent Firstquarter profit million DETROIT AP General Motors Corp today reported its earnings jumped 66 percent to million in the first quarter and said its North American oper ations were improving and cost cutting was working The nations biggest automaker earned 81 cents a share in the first three months of the year com pared with million or 42 cents a share a year ago The latest results reflected a million onetime charge for an accounting change for benefits for former or inactive employees Without the charge earnings would have been billion for the period Revenues for the quarter were up percent to billion from billion The performance clearly demonstrates that the continued implementation of our plan to rebuild GMs financial strength is progressing well but we also real ize that we are not GM President Jack Smith said Before the effect of the account ing change GMs North American automotive business had a million profit in the first quarter compared with a million loss in the comparable 1993 period The known as MAO had a net loss of million aftefc the GM subsidiaries report first I i quarter profits V V effect of the accounting change Although were pleased with the improvement of our margin at NAO we are short of the superior margins we are looking for in a strong sales Smith said Profits from the companys international automotive opera tions were million up from million a year ago GM said its share of the vehicle market was percent in the quarter up from percent a year ago Its share of the car mar ket was up a full percentage point to percent GM said its truck sales were its highest for a first quarter GM defenseelectronics finance and data processing subsidiaries on Wednesday reported com bined earnings of million About million of that came from GM Hughes Electronics which increased its profits 59 percent over the 1993 quarter in part by selling electronic parts for domestic car and truck pro duction A reward Nadine Gerard 1014 W Havens gives Pettit Park School fourthgraders Nicole Power leftright Desiree Robinson and Nichple Thomas a hug after the pupils helped plant marigolds in Gerards yard Wednesday The schools Just Say No group planted the flowers as part of its effort to promote com munity service A related photo is on Page A2 Tribune photo by Anrie Farrar Tribune files complaint in court TIPTON Ind The Kokomo Tribune today filed a complaint in Tipton Circuit Court seeking to have Northern School Corp allow the newspaper to view or copy a tort claim filed by two unidenti fied families regarding teacher Don Gar ner No hearing date has been set The Tribune made a formal written request for the document April 13 which was denied by Superintendent Harry Day on April 14 The tort claim was filed last month by Kokomo attorney Mark McCann who represents the parents of two Northern School Corp girls who have alleged teacher and coach Don Garner made sexual A tort claim is the first step in civil liti gation If a lawsuit was filed the parents would seek compensation for alleged damages their children suffered because of the incidents In the denial notice Day cited federal education privacy statutes which he and his attorney claim do not permit the school corporation to release the docu ments To be clear about the position of Northern Community Schools on the release of these documents we have absolutely no objection to releasing them to you the Tribune other than the obliga tion imposed on this school district under Indiana law and the federal Family Edu cational Rights and Privacy Act to pre serve the confidentiality of education records that contain personally identi fiable According to Days denial the school corporation has concluded unfortunate ly that these tort claims contain other information that would make the studen ts identity easily Day wrote that the school corporation is obligated not to release the documents without the consent of the parents who filed the claim Day has sent a letter to McCann seeking that approval but has not received a response Day also wrote I hope you can appreciate that the Northern Commu nity Schools has no interest in blocking access to these documents and is in effect caught in the middle of a dispute over the release of documents it received but did not create and has no particular interest in keeping confidential The Tribune in its complaint filed by Kokomo attorney Michael Cord states the Family Educational Rights and Priva cy Act does not bar disclosure of educa tional records rather it provides for with holding of federal funds otherwise avail able to an educational institution that maintains a policy or practice of permit ting the release of educational records The Tribune maintains the tort claim notice is not an educational record under the meaning of the act Indianas Public Records Act allows individuals and the media to file a request for a court hearing seeking an order compelling Northern to allow inspection of the record The act also says if a record contains disposable and nondisclosable informa tion the public agency shall separate the material that may be disclosed and make it available for inspection and copying The case which resulted in the tort claim began in December 1993 when four female seventhgrade students alleged Garner a TriCentral Elementary School teacher had inappropriate contact with them according to the Indiana State Police A Tipton Circuit Court grand jury did not return an indictment against Garner after it convened in February After Day and his attorney reviewed the Indiana State Police records the school board agreed to suspend Garner for 10 days without pay beginning March 21 Garner was also ordered to have at least 14 hours of counseling by Jan 1 1995 on the risks and consequences for teach ers students and the school community arising from sexual harassment and other unwelcome contacts and communication in the teacherstudent Five presidents Five present and past presidents and their wives listen during the funeral service for former President Richard Nixon in Yorba Linda Wednesday They are from left Bill and Hillary Clinton George and Barbara Bush Ronald and Nancy Reagan Jimmy and Rosalynn Carter and Gerald and Betty Ford A related photo is on Page D1 AP photo Local businesses receiving honors In operation for 50 and 100 years or more INDIANAPOLIS The Koko mo Tribune JohnsonWert Title Kokomo Opalescent Glass Shop Stout Sons Funeral Home Home Furnishings McGo nigal Shearer Business Prod ucts TenBrook Sales Inc and Kokomo Animal Hospital will be honored by the state of Indiana today with Century and Half Cen tury Business Awards Lt Gov Frank OBannon will present the awards during an afternoon ceremony and reception in the rotunda of the State Capital building in Indianapolis The honors are presented to companies that have operated in Indiana continuously for 50 and 100 years or more The Kokomo Small Business Development Center nominated the eight businesses for the states Century and Half century Awards JohnsonWert owned by Philip Wert was founded in 1877 Kokomo Opalescent Glass was established in 1888 Company President Richard H Elliot and Vice President William Wright are direct descendants of the original founders Stout Sons owned by Donald Stout was established in 1890 McGonigal Inc was formed in 1928 Ivan Gingerich is the president Shearer Business Products was founded in 1937 David Shearer serves as president Steve Shup pard as vice president and Brian Shearer as secretary and treasurer Jeff TenBrook is president of TenBrook Sales founded in 1938 The Kokomo Animal Hospital founded in 1942 is owned by Drs William Humphrey Marvin VanKley and Mark Stanforth The Kokomo Tribune began daily publishing as the Howard Tribune on Oct 30 1850 Arden Draeger serves as publisher Inside Business Classified Local 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