Sandy Nally, School Media Specialist, Falsely Accused:
Paul Nally, Husband, Takes Action Filing Criminal ChargesNOTE FROM PAUL NALLY: I did it in this format so that not only does it tell Sandy's story but gives the reader an understanding that there is a way to prosecute for some offenses committed against them. Of course, they must KNOW what their "civil rights" are; but 18 USC 241/242 are very powerful statutes that should not be overlooked. It also shows them that they must save all evidentiary material from the first occurrence of abuse, and that they should not expect immediate favorable results in the judiciary of their State.
This matter is fully documented at my web site.NOTICE: Before reading the remainder of this page understand the following:
The following is published for the purpose of demonstrating an example of Teacher Abuse by Principals and others, and to demonstrate that illicit conduct does not have to be tolorated, either by a teacher or her/his spouse. Remember, criminal acts against teachers also have a prosecutable effect upon their spouse!
Any persons named herein must be accorded the presumption of innocence until such time as this matter is properly adjudicated and the weight of the evidence overcomes that presumption!
The following format is developed in the anticipation that I shall be required to place some or all defendants under arrest. At present this includes a District Attorney, 4 Superior Court Judges, 3 Elected Board of Education members, the Board Attorney, and the Superintendent in addition to those listed below. The copy of the Criminal Complaint Form displayed will be a necessary document to be filled before any Federal Magistrate conducting a committal hearing pursuant to such arrest.
You must also keep in mind that only the State of Georgia has a Constitutional Provision, Art. I, sec. I, par. XII, that provides for a citizen to prosecute crimes against the State, and is upheld by the case of IN RE: Lester, 77 GA 143 at 148 of which two other States, Maryland and Illinois have taken judicial notice. No other State Constitution has such a provision. Your state law may contain such authority, but you must check your statutes and case law to make this determination.
The reason for my anticipating taking this constitutionally appropriate action is due to the provable criminal acts of other state judicial officers, some listed above, in obstructing the prosecution of criminal acts by the "social elite" in the State of Georgia.
Evidentary materials referred to herein are excluded.
AO 91 Rev. (5/85)______________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
United States District Court
_______________________NORTHERN DISTRICT OF GEORGIA__________________________
United States of America
V.
Vivian Plummer
11 Sherman Lane
Cartersville, Georgia 30121
CRIMINAL COMPLAINT
CASE NUMBER: _________________
Name and address of Defendant
I, the undersigned complainant being duly sworn state the following is true and correct to the best of
my knowledge and belief. On or about ___August 19, 1998____ in ____Bartow__________ county, in
the ___Northern_________ District of ___Georgia_________ Defendant(s) did (track statutory language of offense):
under color of law, compel the involuntary servitude of the Media Specialist of Pine Log Elementary School, and did, under color of law, further proceed to issue false official government documents that resulted in the termination of said Media Specialist not only from her property interest in continued employment at Pine Log but from her property interest in employment in the County System as well.
These acts were performed with the aid and assistance of Ms. Cathy Strickland, instructional coordinator, and the knowledge of H. Boyd Pettit, Board Attorney,
In violation of Title __18___ United States Code, Section(s) ____241 and 242_______________________.
I further state that I am a(n) ___Prosecutor Pro Se___________ and that this complaint is based (Official title)
upon the following facts:
See Attached Affidavit of Paul L. Nally
Continued on the attached sheet and made a part hereof: _X_YES ___NO
_____________________________________
Prosecutor Pro Se
Sworn to before me and subscribed in my presence,
_____________________________________________ at _________________________________________
Date City and State
____________________________________________ _________________________________________
Name and Title of Judicial Officer Signature of Judicial Officer
AFFIDAVIT of Paul L. Nally
VIVIAN PLUMMER
Count 1
Contrary to state law and local rules and policies, Mrs. Plummer required, by direct order, at the end of the 96-97 year, the Medial Specialist to sign a "voluntary reading sign up sheet" and teach reading in a non flexible schedule, 1 hour and 20 min 4th grade reading class. This is a violation of State Education Law.
(Document on file at Pine Log Elementary School)
(See GBOE minimum standards 160-4-4-.1(c)(1) and Standard I-11.2 [Addendum-GBOE Policy],
SACS checklist, pg. 12 at bottom, Media Work Schedule,
LBOE Policy IFBD-R para. 2 [Exhibit "E"]; and
Count 2
Plummer failed to perform a required midyear (pre-evaluation) 1997-98 conference with the media specialist and gave her an unsatisfactory rating on an annual evaluation (official government document) at the end of the 97-98 year without providing any assistance as required by LBOE Policy GBI-R "Responsibility of Principal"[Exhibit "E"], knowingly and willfully contrary to law and local board policy.
(See requirement for LBOE Staff Development Plan by O.C.G.A. 20-2-232 [Addendum-Statutes]),
After being put on notice of the error, Mrs. Plummer failed or refused to correct the same thereby creating a fraudulent official government document.
(see Media Specialist's comment at bottom of PDP form dated 6/2/98 [Exhibit "I"],
GMSEP Evaluation Manual pg. 4, 6(2), 7(5)[Exhibit "B"],
O.C.G.A. 16-10-8, 16-10-20, 20-2-210 and 232, 18 USC 241[Addendum-Statutes], and
Pine Log Charter - "Assurances"[Exhibit "A"]),
Count 3
Required the Media Specialist to remain in the media center each Monday night for a period of 4-1/2 hours and, contrary to local, state, and federal labor laws, compensated the Media Specialist with only 2 hours compensation time each Friday afternoon, and then, only if someone was available to relieve her. The charter created an additional compensable form of employment under 29 U.S.C.A. 207, et seq. which was approved by the LBOE and the State Department of Education.
( See BCBOE Policy CCC, adopted 2/9/88(workday limited to 8 hrs.),
PLE Charter, pg. 10, Item 8, and pg. 15, 1st and 2nd para.[Exhibit "A"], Principal's Memo dated 4/22/99[Addendum-Memoranda],
29 CFR 553.21, 29 CFR 553.27(b), and O.C.G.A. 45-19-46[Addendum-Statutes]),
Count 4
Appropriated state mandated media space for other purposes without complying with governing law, regulations, and policies, which specifically prohibit the altered use on a permanent basis of media work or storage space, or, alternatively, if permission was obtained allowing only temporary use, no notice, either verbal or written was given to the Media Specialist nor copy thereof place in the Charter File.
(See OCGA 20-2-260(a)[Addendum-Statutes],
Charter for PLES, pg. 2 and 3 [Exhibit "A"],
Media Specialist Handbook Sec.C-4-5 [6.2.12], E-1-1, and E-2-1 [Exhibit "J"], and
GBOE Policy-Media Centers Facilities Requirements)
Count 5
Knowingly and willfully issued, on 4/30/99, a falsified, derogatory memo (an official government document) to the Media Specialist alleging facts which she knew, or reasonably should have known, were false, and once learning of the erroneous information, took no steps to correct the official record.
(see O.C.G.A. 16-10-8 and 16-10-20, 18 USC 241 [Addendum-Statutes], Memo of 4/30/99 and Response of 5/3/99 [Addendum-Memoranda]).
Count 6
Openly threatened teachers in an after school meeting on 4/28/99 with official reprisals by the LBOE's administration because of a fax sent to talk show host, Neal Boortz, of which no staff member was responsible. The reprisal threatened was review of all email and faxes and immediate termination of the guilty party.
(See Const. of US, Amendment 1,
Charter - "Assurances"[Exhibit "A"], and
copy of Memo dated 4/21/99[Addendum-Memoranda]),
Count 7
Appropriated state mandated media space for other purposes without complying with governing law, regulations, and policies, which specifically prohibit the altered use on a permanent basis of media work or storage space, or, alternatively, if permission was obtained allowing only temporary use, no notice, either verbal or written was given to the Media Specialist nor copy thereof place in the Charter File.
(See OCGA 20-2-260(a)[Addendum-Statutes],
Charter for PLES, pg. 2 and 3 [Exhibit "A"],
Media Specialist Handbook Sec.C-4-5 [6.2.12], E-1-1, and E-2-1 [Exhibit "J"], and
GBOE Policy-Media Centers Facilities Requirements)
Further, Mrs. Plummer and Cathy Strickland used this hardship in working conditions to further increase their unwholesome psychological pressure on the Media Specialist by issuing derogatory and false memoranda (official government documents) criticizing the Specialist for failing to accomplished work over which she had no Control (see additional 30 job requirements attached to Exhibit "I") or had already accomplished, and falsely and officially caused her to be publicly charged with incompetence and insubordination by Superintendent John Phillips for these "offenses".
(See Plummer Memorandum dated 4-30-99 and Media Specialist Response dated 5/3/99 [Addendum-Memoranda], and
"For Cause" letter from John Phillips dated 4/28/99 [Addendum-Memoranda])
Count 8
Principal Vivian Plummer, during the 97-98 school year, did force the Media Specialist into compliance with scheduling not in line with state minimum standards after having been notified during the 97-98 school year by the State Department Of Education that she could not legally do so until after the evaluation period for charter schools. Even after the end of the evaluation period, she could not legally be at variance with minimum standards pertaining to the flexibility of media scheduling.
Although some modification of the charter was possible, she appears to have failed to follow proper procedure to do so, choosing instead to rule unilaterally, capriciously, and with indifference to clearly established law. If, alternatively, she had obtained modification, she failed to provide any proper notice and documentation to that effect or include such documentation in the Charter File.
(see Charter for PLES, second page, "MODIFICATION", and pg. 2, 3 [Exhibit "A"] and
GBOE Policy 160-4-4-.1(c)(1) [Addendum-GBOE Policy]),
Count 9
Further, the Media Specialist brought the problem of a time conflict in her schedule and its variance with minimum state standards to the attention of the Indian Council in writing in February '98. The Council deferred the matter to Mrs. Plummer. Mrs. Plummer failed to respond in writing to the written concern; rather, she verbally told the Media Specialist that "..you will teach reading or your life will be made hell around here!" The same comment was made just a few days earlier by Indian Council member Eleanor Long (Vivian's minion). The Indian Council also violated the charter by their action.
(See Indian Council minutes dated 2/16/98 and letter dated 2/2/98 [Addendum-Memoranda], and
Charter for PLES, page 5, Goal II, item 1 and 3, pg. 9(G)(4) and page 10(2) and (8) [Exhibit "A"])
Count 10
Intentionally set an unrealistic work schedule and goals (30 additional task) for the Media Specialist for the 98-99 school year that were in addition to the state minimum requirements. (see Exhibit "I") and failed to follow up with any assistance, knowing, or reasonably should have known, that such a schedule was impossible to successfully complete and further, that no other Media Specialist in the county was similarly tasked .
(see PDP and Memo dated 6/2/98[Exhibit "I"],
audit of lesson plan book for media specialist(not included here),
LBOE Policy GBI-R, 1st pg. last paragraph, pg.2[Exhibit "E"], and
GBOE Minimum Standard 160-4-4-.1 (c)(1)[Addendum-GBOE Policy),
Count 11.
Failed to notify the Media Specialist of her intention to recommend to the Superintendent that her contract recommendation for the Media Specialist would be "non renewal" until 3/10/99, one day after the BCBOE meeting at which contracts were approved. She further told the Media Specialist on that date that she was probably going to give her another unsatisfactory for the 98/99 school year thereby adding to the psychological distress placed on the Media Specialist.
(See LBOE policy G(not included here),
Count 12
Vivian Plummer has also subjected herself to personal criminal and civil liability for failing to comply with the clear mandate of state law again, in that she did issued a fraudulent official government document at variance with the clear instructions of the GMSEP Evaluation Manual, specifically page 63, et. seq., and other provisions of said manual -[Exhibit "B"]- by providing the Specialist with an unsatisfactory Media Specialist Annual Evaluation Summary Report dated 5/20/99 (an official government document) of her last year of service with this county. Said evaluation is not covered by any agreements or understandings between any parties involved in this matter.
(See Media Specialist Annual Evaluation Summary Report dated 5/20/99)
(See also, Boyd's Letter to former AG of GA Mike Bowers dated November 3, 1999)
All of above represent multiple failures in the performance of the requirements of the Principal's Job Description.
(Essential Functions/General Responsibilities [Exhibit "H"]).
Count 13
On October 23, 2000, Vivian ordered, in writing, all Pine Log Elementary employees to contribute money to the PTCO (local parent-teacher organization).
(See Memo dated October 23, 2000)-[Exhibit "L"])
Count 14
On November 2, 2000, Vivian ordered all available personnel to work extra time without providing additional compensation. Mrs. Plummer even wrote the statement that if the teacher could not be present "then you need to see me personally."
(See Memo dated November 2, 2000-[Exhibit "M"])
Count 15
About the first of April, 2001, Vivian Plummer, upon learning that one of her employees, Julie Kirby, was notified of possible grand jury duty, did intimidate said member of the grand jury pool warning her not to divulge any information about Pine Log Elementary School business.
(See text of email from April 10-11, 2001-[Exhibit "N"])
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BACKGROUND
