New Braunfels Herald Zeitung (Newspaper) - September 21, 1983, New Braunfels, Texas
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NBISD plans hearing on election shift proposal
By DVANNE FRY Staff writer
A public hearing on Oct 4 will help trustees of the New Braunfels ISO deckle whether they want to change the method by which they’re elected.
The board set the hearing Tuesday night, after a closed discussion with legal advisor Jack Borchers. The total or partial conversion to a district election system will be the subject of discussion. The hearing will begin at 7:10 p.m. in the New Braunfels High School library.
Borchers feels fairly sure the Mexican American Legal Defense and Education
Fund will show up. The civil rights organisation has already filed suit against NBISD in connection with its at-large election system.
The attorney noted that there’s also a new section in the Texas Education Code which allows a school district of 3,500 or more students to change its election system by a majority vote of the board. This provision was approved by the Legislature this past summer, after MALDEF filed the suit. In the past, only districts with 600,000 or more students could voluntarily switch to single-member districts.
The new law went into effect Aug. 29.
‘‘(The hearing) is something we think is advised to do,” Borchers said.
lf a school board opts for district elections under this new law, it must come up with a plan in which at least 70 percent of the trustees are chosen from singlemember districts. NBISD could choose a five-district, two-at-large system; or a six-district, one-at-large; or elect all seven members from districts Borchers had already proposed a 5-2 compromise plan as a means of settling MALDEF’s suit in Judge Fred Shannon's U.S. District Court. MAIDEF was not
See MALDEF, Page UA
CISD to appeal Encino Park decision
Comal ISD trustees have decided not to abandon ship in the stormy waters of Encino Park’s daannexation to Northeast ISD.
OSD’s attorney, Lonnie dawn, was fcMlrwctad to appaal the Texas Education
Agency's decision in favor of Encino Park.
In a hearing bald Aug. H officer Judy Underwood ruled that concurraoce of tho county commlsdonars coarts of Comal, OuadaAupe* Kendall and Hays counties la for a valid amaxation and
dart acting as that county’s Board of
Education, approved the deannexation last December,
Choices left to CUD wore to accept Underwood’s decision, or begin the appeal proems to tho State Board of Education. CUD officials have made the choice to Baht some more.
”1 fool Encino Park doesn’t stop with Encino Park. There's going to bt Encino Part I, Q, ni.” trustee David Boskier said. “So where does It stop eating away at CUD?
”1, for one, dent feel Uke giving in the developers af Batino Park. I dont think gn hearing affUfff gave this ms tier
enough scrutiny, and the expense of going to the state board is minimal when compared to the stakes,” Boskier added. ”1 think future appeal would serve notice to Encino Perk and developers that we’re not going to drop it.”
The disputed area involves a 4.84-square-mile tract within CUD, which includes the Encino Park subdivison Future development of that aret, and the precedent its deannexation might set with other developers weigh heaviest on OSD’s decision to fight.
Partly cloudy today and cooler. Winds will be from the north at 15-25 miles per hour becoming weaker tonight. Today’s high will be rn the mid-70s with tonight's low near 50. Wind advisories are in effect for area lakes today. Tonight will be partly cloud) and cold with light winds Thursday begins a warming trend with highs in the mid-70s. Winds will be from the east at 10-15 mph. Sunset tonight will be at 7:29 p.m. Thursday’s sunrise will be at 7:19 a m.
Pixie Hut Deaths
A man has been convicted in the three Pizza Hut employee deaths in Mount Pleasant, Texas A jury will decide today whether he should be sentenced to die for killings Sa* Page 10A
The Houston Oilers traded starting quarterback Archie Manning and starting tight end Dave Casper to the Minnesota Vikings Tuesda) — for two future draft choices. Sports Pag* BA.
President Chaim Herxog today appointed Foreign Minister Yitshak Shamir as Israel’s prime minister designate, assigning him the task of forming a new government as successor to his colleague, Menschen) Begin. See Pape SA
TV LISTINGS ..............3C
WEATHER............ HAArson blamed in Tuesday fire at service station
Fire Marshal Elroy Friesenhahn says Tuesday’s fire at Norman’s Texaco station was definitely an arson case
The burn pattern was very unusual,” he said Wednesday An ordinary fire will usually start at one point and move from there, leaving traces of its path. Here, we had a very hot, even burn throughout most of the station
“After we cleaned everything off the floor, we could see where flanunahle liquids had been poured " Friesenhahn added lf someone pours gasoline on a floor and sets a match to it, it will leave a deeply charred area.
The fire marshal also said there was evidence of burglary at Norman's, and attempted burglary at Busy Corner Auto Service next door. Norman Lehmann, owner of the Texaco station at Richter lane and U S 81 East, is missing a pickup, some items from his brief case and some cash left in the station Monday night His station and its contents are considered to be a total loss. estimated at 185,000 in value
Friesenhahn further believes that a car fire on 1H 35, reported while trucks were battling the blaze at Norman s, may be related to the service station case. That one is under in-vestigation by the sheriff’s department Authorities still haven’t identified the owner of the yellow Ford Torino involved in that blaze. Neither have they found the truck taken from Norman’s.
“We don’t know if it was burglary to cover up arson, or arson to cover up a burglary, I suspec t the latter,” the fire marshall said.
-OYANNE FRYBraunfels Hcrald-Zeitung
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WEDNESDAY September 21,1983
New Braunfels, Texas Vol. 92 - No. 188 32 Pages - 3 Sections IUSPS 377-880)NBISD wins Tart-Armke lawsuit on appeal
By OYANNE FRY Staff writer
Almost 30 months after Kathleen Tart and Kenneth Armke II were suspended from New Braunfels High School, an appellate court has decided that school trustees had the rigid to deduct points from their grades after all.
Academically, it won’t make much difference to Armke and Tart. They graduated in May 1981, Just a couple weeks after winning their district-court lawsuit against New Braunfels ISD. But Margy Wsldrip, president
of the school board, said the new ruling from the IOU) Court of Appeals in Waco is important because ”it backs up local control” of NBISD.
“The State Board of Education perceived it as a test case,” she said Tuesday night after the board met in executive session to discuss legal matters. She added that the state board tends to support local control by elected trustees, even if it doesn’t always agree with what those trustees do.
Furthermore, Justice Bob L. Thomas has ordered the students who filed the suit to pay all coats associated with the appeal.
The trouble began in the spring of 1961 when a member of the NBHS faculty reported that Tart, Armke and a third student not involved in the suit had been seen with alcoholic beverages while attending a school-sponsored journalism workshop
The incident occurred in an Auskn restaurant, and both Tart and Armke were of legal drinking age (18 at the turn). However. it was against school policy to have alcohol at school-connected events, so trustees suspended all three students for three days rn March.
They also voted to deduct three points from each student’s six-weeks grade average for each day of absence; a total of nine points It was this measure that led Armke and Tart lo file suit on Apnl 22,1981
The students didn’t object to the suspension, or to the fact that they got a zero for any class work on the days they were absent However, they contended that the extra grade deduction was “illegal punishment,” and that there had been nothing in the school policy manual to indicate they were risking this sort of penalty when they ordered their drinks in Austin.
District Judge Charles Ramsay ruled rn their favor He issued a permanent injunction preventing NBISD from deducting grade points or taking further disciplinary action against Armke and Tart Justice Thomas reversed that ruling this month. His opinion was that there had been an error of opinion in the lower court, that the board had the right to take the disciplinary action on grades NBISD attorney Jack Borchers appealed Ramsay 's decision to the 3rd Court of Appeals in Austin in the summer of 1961. It was later transferred to the Waco courtCounty fair begins todayOfficials hope rain will hold off
The 90th Comal County Fair opens today, beginning a five-day run which will include music, food, dancing, prize-winning livestock and homemade items.
And, in keeping with a time-honored county fair tradition, it could also include rain. The fair has been a soggy affair several times in the past IO years, and the 1983 edition may be no different.
Comal County was drenched with two inches of rain Sunday and Monday, but County Fair Association president Walter Schulle says it has helped matters. But rain during the fair...well, that’s something else.
The fairgrounds “are in great shape right now,” Schulle said this morning.
Fair Events, Page HA
“It could rain another inch and not hurt us, as long as it doesn’t rain once we get the events started,” he said.
Most events will go on, rain or shine, he said. However, the dances are “under the stars,” he said, so if it rains at dance time, it would have to be cancelled.
A gully washer would also cause parking problems in the infield of Dutchman Downs, where horse races and some of the rodeo events will be held. The infield can be a little too muddy for parking in a heavy rain, Schulle said.
But the recent rain, followed by the crisp, cool weather, has settled the dost at the fairgrounds and made things more pleasant. “It’s perfect right now,” he said.
Last year’s crowd for the five-day fair was between 100,000 and 125,000, and Schulle expects this year's to be in that range.
See FAIR, Page UA
Diplomat's house shelled in Beirut
BEIRUT, Lebanon (AP) — Syrian-backed insurgents today unleashed a heavy bombardment on Beirut and its outskirts, hours after their shelling of the UJS. ambassador's residence prompted a retaliatory barrage from U.S. Navy warships.
Lebanon’s state radio and the independent Beirut newspaper An-Nahar said the U.S. ambassador’s residence in suburban Yarze east of the capital was evacuated overnight as shells from Druse militia batteries rained around it.
The reports said one shell struck a garden gate and another hit the swimming pool. Personnel in the mansion were taken to the nearby palace of Lebanese President Amin Gemayel and no one was injured, the radio and the newspaper said.
No comment on the report was immediately available from the U.S.
Embassy. But White House spokesman Larry Speakes confirmed Tuesday night that the residence of Ambassador Robert Dillon came under artillery fire, prompting a partial evacuation of the compound.
Speakes said Dillon and Richard Fairbanks, assistant to special Middle Blast envoy Robert C. McFarlane, were at the residence when shells struck, but McFarlane was not rn Beirut.
American warships responded to the shelling with a 10-minute barrage against the anti-government gunners in the hills overlooking the capital
U.S. Marine spokesman Maj. Robert Jordan said the destroyer John Rodgers and the guided missile cruiser Virginia “responded” to firing near Dillon’s residence. He said the residence was not hit and the 1.200 Marines in the peacekeeping force
went on ‘‘Condition One' alert at their positions near the Beirut airport.
Police said Druse gunners from Syrian-controlled positions in Lebanon's central mountains escalated their shelling of east Beirut and outlying Christian neighborhoods after the naval bombardment.
Several hours before the late-night shelling began. Druse militiamen and Palestinian guerrillas resumed their attack (xi Souk el-Gharb after being repulsed twice earlier in the day.
One attack during Tuesday caught U.S. military observers in the strategic Christian town overlooking Beirut It was believed to be the first time American military personnel were in the front lines since the civil war resumed when Israeli troops pulled out of the mountains
CISD panel lists contributing factors
By DEBBIE DwLOACH Staff writer
It was No. 2, and just as hard-hitting as No. 1.
The Advisory Committee's report on CISD's morale problems was made public Tuesday night with 12 recommendations on how to solve the problem
The committee's first report on comfhunication resulted in board approval to hire a part-time public relations person. That person will be largely responsible for implementing many of the committee's 19 recom
mendations (XI how to solve the district’s communication problems.
Tuesday night’s report, presented by committee member Ray Walling, identified seven areas that have affected morale within CISD. Those areas were the patron factor, leadership, personal and sick leave, changes in board policy or the superintendent’s interpretation of same policy, interpersonal relationships, the parent-teacher factor, and the visit to Canyon High School by two trustees during a final exam.
In regard to the May 27 exam in
terruption by Karen Rust and Carey McWilliams, the committee concluded that both board members bad clearance to visit the classroom, although the principal tried to dissuade one of them because of the final exam being given Also, that the exam was cut short — a decision made solely by the classroom teacher Walling added the two board members and the principal were unaware the exam was cut short until after the incident Walling also said, “In the Combee CBD, Page 12A
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