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University denies NDSP records requests

first_imgNotre Dame Security Police (NDSP) has the same powers that a public police force does. Within its jurisdiction, NDSP officers can carry weapons, investigate crimes and make arrests that can lead to criminal charges.But when somebody gets arrested by the South Bend Police Department (SBPD), files a complaint with the agency or is the victim of a crime to which it responds, that information becomes a public record under Indiana’s Access to Public Records Act (APRA).For NDSP, it’s a little more complicated.The distinction between a police force like SBPD and one like NDSP hinges on the legal distinction between private and public agencies.Under 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.The legal status of NDSP has been the subject of intense legal scrutiny in the past two years.Lindsey Meyers ESPN filed a lawsuit against the University in January 2015, after Notre Dame refused to release incident reports related to student athletes on two separate occasions. Last month, the Indiana Supreme Court overturned a lower court decision, ruling in favor of Notre Dame that NDSP is not a public agency under the law.While the ESPN case made its way through the legal system last year, 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-Governor Mike Pence in March. The state legislature, which passed HB 1022 with overwhelming support, will have the opportunity to override the veto when the new legislative session begins in January.But, just one day after the final ruling in the ESPN lawsuit, the South Bend Tribune reported another law — HB 1019 — was passed last year that contained language such that it inadvertently changed the state’s definition of a “public agency” to specifically include university police departments.Effective July 1 of this 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.”On Nov. 18, The Observer submitted records requests for three case files to NDSP. Capt. Rick Miller said NDSP could not fulfill the request and recommended the requests be directed to the University’s Office of General Counsel.The Observer submitted the records requests to General Counsel, and agreed to a meeting to discuss the matter with Brian Guarraci, assistant general counsel, whose primary areas of practice include “litigation and risk management, student affairs, campus safety and security, the Clery Act and advising University departments on statutory, regulatory and policy matters,” according to the Office of General Counsel’s website.Within the 24 hours required for a response under state law, University spokesperson Dennis Brown denied all three records requests.“The University of Notre Dame, including its Notre Dame Security Police Department, is not a public agency of the government and thus is not subject to requests for public records under Indiana’s Access to Public Records Act (APRA),” Brown said in an email.Two days later, Brown informed The Observer in an email that its meeting with the Office of General Counsel had been cancelled: “because we have nothing to add beyond the response I sent to you on Saturday, there is no need for a meeting.”When asked why the University considers NDSP not a public agency given the definition of public agency in the 2016 version of the Indiana Code, Brown said the change was erroneous and that a correction to the law had already been drafted.“ … Regarding the technical printing error in the last legislative session, language from HB 1022 regarding private universities was erroneously included in a conference committee report for HB 1019 (concerning public access to police recordings), and in contravention of the legislative drafting rules for the Indiana General Assembly,” Brown said.“This resulted in two conflicting versions of Ind. Code 5-14-3-2. As is common after legislative sessions when technical corrections are identified by Indiana’s Legislative Services Agency (“LSA”), this technical error has been identified by LSA as one of several technical errors requiring correction through a Technical Corrections Bill. In September 2016, the Technical Corrections Bill prepared by LSA specifically correcting this erroneous inclusion was approved for forwarding to the Legislature by a 12-0 vote of the Indiana Code Revision Commission …“ … The Technical Corrections Bill will proceed to the General Assembly after it reconvenes in January 2017. Once enacted, the corrections will be retroactive as of July 1, 2016.”Until the corrections bill passes, however, it seems that NDSP is subject to APRA as a public agency under state law.Because the University has chosen to deny records requests, organizations and individuals seeking records would have few options for recourse except to sue for access before the state legislature passes the corrections bill.The Observer has no plans to sue for access.News Editor Katie Galioto contributed to this report. Tags: APRA, ESPN, ESPN lawsuit, HB 1019, HB 1022, NDSP, recordslast_img read more

LIVESCORE, New Global Sponsor of LaLiga

first_imgLaLiga and LIVESCORE have signed a global sponsorship deal covering the next three seasons. The company, synonymous with sports results, becomes the first sponsor of LaLiga in the Sports Scoring category.This agreement means the new global partner will exclusively sponsor LaLiga’s Replay360º, the technology that allows users from all over the world to see 360º replays of any piece of action, offering them a unique perspective from any angle of the pitch. Thirty-eight cameras installed in the stadium mean viewers can fly over the action or even see things from the perspective of the main player involved in the move. Replay360 is currently offered in eight of the 20 stadiums of LaLiga Santander clubs: Santiago Bernabéu, Camp Nou, Metropolitan Wanda, Mestalla, San Mamés, Sánchez Pizjuán, Benito Villamarín and Anoeta.The partnership will give LIVESCORE access to the millions of viewers that enjoy watching LaLiga Santander around the world every day and help to define new international growth strategies in the different strategic markets in which LIVESCORE is present. With more than 50 million monthly unique users accessing its website and native apps worldwide, LIVESCORE offers real-time results, fixtures, stats and news for national and international competitions in football, basketball, hockey, tennis and cricket. It has a presence across all five continents and users in 99% of the world’s territories.True to its motto of ‘Ahead of the Game’, the new sponsor of LaLiga has established itself as a leader in the Sports Scoring sector, thanks to the foundations on which it has built its business from the beginning: simplicity, speed and reliability.” LIVESCORE is the best live results app and for LaLiga it is very important to associate with leaders in each market. This global strategic agreement will allow us to strengthen our brand internationally and open the door for our clubs to reach new fans,” explained Javier Tebas, president of LaLiga.Sharing his thoughts on the new partnership, Sam Sadi from LIVESCORE, commented: “We are delighted to become a global partner of LaLiga. We share similar goals and ambitions: to grow an already loyal fan base through innovation and continuous product improvement”.“Thanks to our well-founded reputation for speed, accuracy and reliability, LIVESCORE has grown to be the world’s ultimate destination for sports information – and football scores in particular. As a leader in our field we are extremely pleased to join forces with LaLiga, the home of the world’s best players and some of the world’s biggest clubs. “We are particularly excited to be associated with LaLiga’s Replay 360º. Innovating for the benefit of our users is at the heart of everything we do and Replay360º highlights how LaLiga is committed to developing new ways to bringing unique insights to the fans,” he added.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegramlast_img read more

Bosse hopes for luck in love after 800m gamble pays big

first_img“It felt like a nightmare as I was getting chased,” he said.“It was a never ending nightmare. I could not understand why nobody was going past me.“Even when I crossed the line I could not believe it.“The others killed themselves and they were already dead in the last 100m.“I was like a witch casting a spell on them.”Share on: WhatsApp Pages: 1 2 London, United Kingdom | AFP | Pierre-Ambroise Bosse loves gambling and on Tuesday he rolled the dice and won the biggest prize of his life, the 800 metres world title, to give France their first ever gold in the event.The 25-year-old, who had finished a valiant if frustrating fourth in last year’s Olympic final, seized the initiative with 150 metres to go with a stunning burst passing Kipyegon Bett and race favourite Nijel Amos and held on to take the tape first from fast-finishing Pole Adam Kszczot.“I am a gambler, I love going to the casino,” said Bosse.“And today I just gambled, I put everything on the red, even my last Euro. So hopefully, this is also for luck in love.”Bosse, who is renowned for his offbeat character and addressed his cat ‘Rabs’ after finishing outside the medals in Rio by telling him to go the fridge and drink a beer for him, said he thought he had cast a spell over his rivals as no one threatened him down the final 100m.last_img read more

Some hospitals opt to restrict certain surgeries

first_imgHCA East Florida Division hospitals in St. Lucie County has announced that they will be limiting certain inpatient and outpatient surgeries and procedures due to the rising number of coronavirus cases in Florida.The health division made the announcement on Tuesday stating that they are working with their health partners to identify which patients will have their procedures delayed.“Patients whose procedures will be delayed will be contacted by their surgeon. The hospitals remain safe and open for medical emergencies, deliveries, and procedures that are medically necessary in which delay would jeopardize the patient’s wellbeing,” the healthcare division said in a statement.Lawnwood Regional Medical Center has already began postponing elective surgeries while St. Lucie Medical Center will put restrictions in place beginning on July 16th.Several Palm Beach County hospitals have also elected to pause certain surgeries due to COVID concerns and to free up some ICU beds.last_img read more

Wynne Family Gifts The Wynne Farm to Southwest Washington Conserving Upper…

first_imgFacebook114Tweet0Pin0 Submitted by Capitol Land Trust530 acres in upper Schneider Creek watershed protected… forever Wynne family completes gift to southwest Washington valued at over $2 millionThe Wynne Farm Photo Credit: Greg MennegarThe entire 530-acre Wynne Farm has now been conserved, protecting most of the upper Schneider Creek valley, announced Capitol Land Trust today. The Wynne Farm is one of southwest Washington’s signature working-lands properties, containing a vibrant mix of forests, streams and wetlands. The Wynne family sustainably harvests trees, while protecting water quality and wildlife habitat. Forests on the property protect Schneider Creek, a vital salmon stream that empties to the Kennedy Creek Natural Area Preserve on Totten Inlet, along Puget Sound in Thurston County.Seven years ago, Tom and Charlene Wynne donated a conservation easement to Capitol Land Trust on 355 acres of their sustainably-managed tree farm. Today’s announcement recognizes the signing of a second conservation easement on an additional 175 acres in the incredible Schneider Creek valley. Now, the 530-acre property will never be subdivided or developed.“The family—from Tom’s parents to Tom and me—wanted to ensure the property never got broken up and developed, and wanted to keep the property as wildlife habitat,” said Charlene Wynne.The farm’s forested hillsides rise steeply from the valley floor, where hayfields, flooded in part by beavers, provide habitat for native amphibians. Hawks and other raptors look from overhead for movement in the grass, and elk, cougar and other large mammals feed along the edge of the forests and fields. Streams flow for 3.5 miles through the property, tumbling down from the hills to empty into wetlands along the valley floor. This clean, cool freshwater flows through the Kennedy Creek Natural Area Preserve and estuary, to the benefit of salmon and the health of Puget Sound. Conservation of the upper Schneider Creek—when added to the Kennedy Creek Preserve— effectively protects about 10% percent of the entire stream system’s habitats.Tom and Charlene Wynne Photo Credit: Laurence Reeves“The Wynnes are true heroes in our community. They recognized the value of their lands – for open space, wildlife habitat and protecting our water – and made the ultimate commitment to ensure these values remain for future generations. Completing this conservation agreement also took the help of the County and many Capitol Land Trust members and is a testament that conservation is critical to our community’s well-being,” said Amanda Reed, Capitol Land Trust’s Executive Director.Funding to complete the conservation easement process and to ensure long-term stewardship of the land was provided by Thurston County’s Conservation Futures Program, Capitol Land Trust members and the SteamboatConservation Partnership, a unique collaboration between the Griffin Neighborhood Association and Capitol Land Trust.The Wynne family has owned property in the Schneider Creek Valley since 1916, and Tom and Charlene hold a powerful connection to the land. They lovingly manage the land as a tree farm, giving equal consideration to their family business and to the environment. Harvesting trees in small patches with 75 years between cuttings protects water quality and enables the property’s forests to remain healthy. In 1990, the Wynne Tree Farm was awarded the national “Green Tag” for sustainable forest management — only the fifth in the state to achieve this honor!Learn more about Capitol Land Trust at CapitolLandTrust.org.last_img read more

Shoaib Akhtar’s message to the world in fight against Coronavirus: It’s time to rise…

first_imgAdvertisement 5NBA Finals | Brooklyn Vsaan0Wingsuit rodeo📽Sindre E870l2( IG: @_aubreyfisher @imraino ) qWould you ever consider trying this?😱gzCan your students do this? 🌚ad1w9Roller skating! Powered by Firework Former Pakistani pacer, Shoaib Akhtar, has asked people to rise above religion and economic status in order to help each other during the ongoing Covid-19 crisis. The ‘Rawalpindi Express’ also urged his fans to work as a “global force” and strictly follow the guidelines issued by the respective authorities; in a video on his YouTube channel. Advertisement “Request all my fans all across the globe. Coronavirus is a global crisis and we have to think as a global force, rise above religion. Lockdown is happening so that the virus does not spread. If you are doing interaction and meeting in places, it will not help,” the speedster said.Advertisement “If you are hoarding things, please think about the daily wage workers. Stores are empty. What is the guarantee that you will live after three months? Think about the daily wage worker, how will he feed his family? Think about people, time to be a human, not Hindu, Muslim. People will have to help each other, collect funds. Stop hoarding!”“Rich will still survive; how will the poor survive? Have faith. We are living like animals, live like humans. Try to be helpful, please stop storing stuff. It is the time we look after each other. No time to be divided, we have to live as humans,” he added.Advertisement Previously, the 44-year-old voiced out his dissent towards the Chinese people, claiming that they are solely responsible for this global pandemic.“I don’t understand why you have to eat things like bats, drink their blood and urine and spread some virus across the globe…I’m talking about the Chinese people. They have put the world at stake. I really don’t understand how you can eat bats, dogs, and cats. I’m really angry,” Akhtar was seen saying in a video posted on his Youtube channel earlier.“The whole world is at risk now. The tourism industry has been hit, the economy is badly affected and the whole world is going towards a lockdown.”“I’m not against the people of China but I’m against the law of animals. I understand this may be your culture but this is not benefitting you now, it is killing humanity. I’m not saying you boycott the Chinese but there has to be some law. You cannot go on and eat anything and everything,” he said.The deadly Coronavirus, has spread over 100 countries, contaminating more than 3,00,000 people and has claimed over 13,000 lives so far.Pakistan has registered around 800 confirmed cases with five deaths as of now. You may also like:All sportspersons that have been infected by the novel CoronavirusIrfan Pathan gives valuable advice to Indians on how to fight Coronavirus Advertisementlast_img read more