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By BOBBY BURCH Herald Staff Writer Early in her sixth-grade year, Shelby Jordan had grown accus- tomed to the pain. The familiar pressure in her head, the stings in her upper back, the constant throbbing near the back of her neck — just another headache, she thought. The nuisance appeared sudden- ly, Shelby said, and would linger for hours. She’d never experienced headaches before — why now? More importantly, Shelby won- dered, what was the cause? “[The headaches] were constant and always hurt in the same spot,” Shelby, now 12, said, motioning to the back of her neck. Her headaches seemed to worsen throughout the year, she said, and occurred more frequent- ly. Eventually, Shelby began to feel sharp pains in her shoulders and throughout her back. The torment, she said, was worse without expla- nation. “They weren’t like regular head- aches,” Shelby said. Not regular at all. Shelby’s brain was gradually sagging into her spinal canal. A malformation of her cerebellum, the part of the brain that plays a role in motor and cognitive func- tions, forced the organ to move downward through her skull, caus- ing her symptoms. The cerebral deformity, also known as a “chiari malformation,” was obstructing the flow of Shelby’s cerebrospinal fluid, the substance in which the brain “floats.” Certain studies have found the condition can cause respiratory failure, which killed one-third of patients showing symptoms in a report published by Cambridge University. Shelby’s brain sagged more than a half inch — 16 millimeters — be- fore something could be done. DISCOVERY In mid-October 2011, Kim and Scott Jordan took their daughter to the family’s physician, who recom- mended that they seek a neurologi- cal specialist. The advice took the family to Children’s Mercy Hospital in Kan- sas City, Mo., where Jordan would undergo a series of tests, including magnetic resonance imaging. The MRI revealed Shelby’s brain was resting on her first vertebrae, and the malformation was about 0.63 inches in length, Kim Jordan said. The news was devastating. “I was at work when I got the call, and I was just standing in the hall, bawling,” Kim Jordan said. “It was just shock. ... [The neurologist] said [the malformation] was about four times more than what they wanted to see.” There are three main types of chiari malformations — CM I, II and III — which vary in seri- ousness, according to the Chiari Institute, based in Great Neck, N.Y. Depending on the severity of the malformation, it can be fatal, al- though improved surgical options have lessened that potential. Kim Jordan said her daughter’s malfor- mation, however, was unspecified. Scott Jordan said he also was stunned after learning of his daugh- ter’s condition. “It was something that we never, ever expected,” he said. “I never thought in a million years that’s what was causing the headaches. We thought it was all something different, and it was something just clear out of the blue.” Such a response is common with many families that encounter the malformation, as it affects only about 0.0006 percent of the U.S. population, according to the Chiari Institute. About 3,500 chiari opera- tions are performed each year, the organization’s website reports. Shelby’s parents struggled with how to approach the situation: to either let Shelby know, poten- tially causing her more anxiety, or choose to keep it from her. They chose the latter until the stress of the secret knowledge be- came too much for the couple to bear. ACHES EXPOSE BRAIN CONDITION Photos by Matt Bristow/The Ottawa Herald Shelby Jordan, 12, and her brother Cooper, 4, swing on playground equipment at their home in rural Franklin County. Shelby enjoys swinging, but can grow tired easily because of her medical condition. Summer season already casting shadows at city pool. See Page 7. IN THE SHADE Cyclones opening season today at Spring Hill. See Page 8. BASEBALL Thursday March 29, 2012 Ottawa, Kansas 75 cents Volume 143, No. 63 12 Pages Herald Ottawa The THURSDAY EDITION Shelby Jordan, 12, reads an excerpt from the story she is writing about her experience having a chiari malforma- tion. She had brain surgery in Decem- ber in which a surgeon removed a section of her skull and one vertebrae. Shelby’s shirt reads, “I HAD BRAIN SURGERY, WHAT’S YOUR EXCUSE?” Herald The Ottawa Community News. Community Connections. By CRYSTAL HERBER Herald Staff Writer Four out of five Frank- lin County Commissioners don’t approve of the county clerk’s conduct. Commissioners Wednes- day approved a resolution formally censuring Frank- lin County Clerk Shari Perry. The resolution was a pub- lic repri- mand of Perry, who recently was among thesubjects of a confidential human re- sources investigation. That investigation now has been forwarded to the Kansas Attorney General’s Office. “The document speaks for itself,” Commissioner Colton Waymire said of the censure resolution after joining with Commission- ers Ed Taylor, Steve Har- ris and Don Stottlemire to pass the measure. Commission Chair Da- vid Hood, the sole dissent- ing vote, said he opposed the resolution because he “didn’t agree with it.” The resolution’s main points read: The Conduct of the Franklin County Clerk, Shari Perry, is hereby cen- sured by this Commission as unbecoming of the Office of the County Clerk and a distraction from the legiti- mate business of the County and County taxpayers; • If the Clerk of the Coun- ty persists in her apparent attempts to interfere with the employment of county employees, the Board of County Commissioners will take further action as nec- essary including the com- mencement of legal action to enjoin such conduct; • That retaliation against any County employee, for co- operating with the Kansas Attorney General will not be tolerated and will be the sub- ject of its own prompt inves- tigation pursuant to County policies and procedures. The resolution was pre- sented to commissioners Wednesday by Kansas City, Mo., attorney Kevin Case, who led the previous inves- tigation into an undisclosed human resources matter involving Perry and an un- named county employee. Officials voice disapproval of clerk’s conduct 4-1 VOTE By CRYSTAL HERBER Herald Staff Writer The process isn’t work- ing, Shari Perry said, and she doesn’t want to fight it anymore. Perry, Franklin County clerk, essentially stepped down Wednesday from her role as the county’s freedom of information officer. The other duties associated with her elected county clerk po- sition remain unchanged. At her request, Frank- lin County commissioners Wednesday morning signed a resolution rescinding Perry’s freedom of infor- mation officer duties and appointed Lisa Johnson, county administrator and counselor, to fill the duties associated with the role. A freedom of informa- tion officer is responsible for receiving, assessing and subsequently disclosing information in response to requests. The Kansas Legislature requires pub- lic agencies covered by the Open Records Act to ap- point a local freedom of in- formation officer. Perry was appointed to the position by a 2005 reso- lution. The commissioners’ Wednesday action repeals that resolution. Perry relinquishes county public information duties APPOINTED POSITION See INFORMATION, Page 2 Resolution censures county’s top election official Perry See RESOLUTION, Page 12 SWINGING WITH THE CHALLENGES See SHELBY, Page 12 402 N. Main • Ottawa, KS 785-242-5100 AdvantageFordOttawa.com ADVANTAGE

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By BOBBY BURCHHerald Staff Writer

Earlyinhersixth-gradeyear,ShelbyJordanhadgrownaccus-tomedtothepain. Thefamiliarpressureinherhead,thestingsinherupperback,theconstantthrobbingnearthebackofherneck—justanotherheadache,shethought. Thenuisanceappearedsudden-ly,Shelbysaid,andwouldlingerforhours.She’dneverexperiencedheadachesbefore—whynow?Moreimportantly,Shelbywon-dered,whatwasthecause? “[Theheadaches]wereconstantandalwayshurtinthesamespot,”Shelby,now12,said,motioningtothebackofherneck. Herheadachesseemedtoworsenthroughouttheyear,shesaid,andoccurredmorefrequent-ly.Eventually,Shelbybegantofeelsharppainsinhershouldersandthroughoutherback.Thetorment,shesaid,wasworsewithoutexpla-nation. “Theyweren’tlikeregularhead-aches,”Shelbysaid. Notregularatall. Shelby’sbrainwasgraduallysaggingintoherspinalcanal.Amalformationofhercerebellum,thepartofthebrainthatplaysaroleinmotorandcognitivefunc-tions,forcedtheorgantomovedownwardthroughherskull,caus-inghersymptoms. Thecerebraldeformity,alsoknownasa“chiarimalformation,”wasobstructingtheflowofShelby’scerebrospinalfluid,thesubstanceinwhichthebrain“floats.”Certainstudieshavefoundtheconditioncancauserespiratoryfailure,whichkilledone-thirdofpatientsshowingsymptomsinareportpublishedbyCambridgeUniversity. Shelby’sbrainsaggedmorethan

ahalfinch—16millimeters—be-foresomethingcouldbedone.

Discovery Inmid-October2011,KimandScottJordantooktheirdaughtertothefamily’sphysician,whorecom-mendedthattheyseekaneurologi-calspecialist. TheadvicetookthefamilytoChildren’sMercyHospitalinKan-sasCity,Mo.,whereJordanwouldundergoaseriesoftests,includingmagneticresonanceimaging.TheMRIrevealedShelby’sbrainwas

restingonherfirstvertebrae,andthemalformationwasabout0.63inchesinlength,KimJordansaid. Thenewswasdevastating. “IwasatworkwhenIgotthecall,andIwasjuststandinginthehall,bawling,”KimJordansaid.“Itwasjustshock....[Theneurologist]said[themalformation]wasaboutfourtimesmorethanwhattheywantedtosee.” Therearethreemaintypesofchiarimalformations—CMI,IIandIII—whichvaryinseri-ousness,accordingtotheChiariInstitute,basedinGreatNeck,N.Y.Dependingontheseverityofthemalformation,itcanbefatal,al-thoughimprovedsurgicaloptionshavelessenedthatpotential.KimJordansaidherdaughter’smalfor-mation,however,wasunspecified. ScottJordansaidhealsowasstunnedafterlearningofhisdaugh-ter’scondition. “Itwassomethingthatwenever,everexpected,”hesaid.“Ineverthoughtinamillionyearsthat’swhatwascausingtheheadaches.Wethoughtitwasallsomethingdifferent,anditwassomethingjustclearoutoftheblue.” Sucharesponseiscommonwithmanyfamiliesthatencounterthemalformation,asitaffectsonlyabout0.0006percentoftheU.S.population,accordingtotheChiariInstitute.About3,500chiariopera-tionsareperformedeachyear,theorganization’swebsitereports. Shelby’sparentsstruggledwithhowtoapproachthesituation:toeitherletShelbyknow,poten-tiallycausinghermoreanxiety,orchoosetokeepitfromher. Theychosethelatteruntilthestressofthesecretknowledgebe-cametoomuchforthecoupletobear.

Aches expose brAin condition

Photos by Matt Bristow/The Ottawa Herald

Shelby Jordan, 12, and her brother Cooper, 4, swing on playground equipment at their home in rural Franklin County. Shelby enjoys swinging, but can grow tired easily because of her medical condition.

Summer season already casting

shadows at city pool. See Page 7.

iN THe sHADeCyclones opening

season today at Spring Hill.

See Page 8.

BAseBALL

ThursdayMarch 29, 2012Ottawa, Kansas

75 cents Volume 143, No. 63

12 PagesHeraldOttawaThe

THUrsDAy eDiTioN

Shelby Jordan, 12, reads an excerpt from the story she is writing about her experience having a chiari malforma-tion. She had brain surgery in Decem-ber in which a surgeon removed a section of her skull and one vertebrae. Shelby’s shirt reads, “I HAD BRAIN SURGERY, WHAT’S YOUR EXCUSE?”

HeraldTheOttawa

Community News. Community Connections.

By CRYSTAL HERBERHerald Staff Writer

Four out of five Frank-lin County Commissionersdon’tapproveofthecountyclerk’sconduct. Commissioners Wednes-day approved a resolutionformally censuring Frank-lin CountyClerkShariPerry. Theresolutionwas a pub-lic repri-mand ofPerry, whor e c e n t l ywas amongthesubjectsofaconfidentialhumanre-sourcesinvestigation.Thatinvestigationnowhasbeenforwarded to the KansasAttorneyGeneral’sOffice. “The document speaksfor itself,” CommissionerColtonWaymiresaidofthecensure resolution afterjoining with Commission-ers Ed Taylor, Steve Har-risandDonStottlemire topassthemeasure. Commission Chair Da-vidHood,thesoledissent-ing vote, said he opposedthe resolution because he“didn’tagreewithit.” The resolution’s main

pointsread: • The Conduct of theFranklin County Clerk,ShariPerry, isherebycen-sured by this CommissionasunbecomingoftheOfficeof the County Clerk and adistraction from the legiti-matebusinessoftheCountyandCountytaxpayers; •IftheClerkoftheCoun-typersistsinherapparentattempts to interfere withthe employment of countyemployees, the Board ofCountyCommissionerswilltakefurtheractionasnec-essary including the com-mencement of legal actiontoenjoinsuchconduct; •ThatretaliationagainstanyCountyemployee,forco-operating with the KansasAttorneyGeneralwillnotbetoleratedandwillbethesub-jectofitsownpromptinves-tigation pursuant to Countypoliciesandprocedures. The resolution was pre-sented to commissionersWednesdaybyKansasCity,Mo., attorney Kevin Case,wholedthepreviousinves-tigationintoanundisclosedhuman resources matterinvolvingPerryandanun-namedcountyemployee.

Officials voice disapproval of clerk’s conduct

4-1 voTe

By CRYSTAL HERBERHerald Staff Writer

The process isn’t work-ing, Shari Perry said, andshedoesn’twanttofightitanymore. Perry, Franklin Countyclerk, essentially steppeddown Wednesday from herroleasthecounty’sfreedomof information officer. Theotherdutiesassociatedwithherelectedcountyclerkpo-sitionremainunchanged. At her request, Frank-lin County commissionersWednesdaymorningsigneda resolution rescindingPerry’s freedom of infor-mation officer duties andappointed Lisa Johnson,

county administrator andcounselor,tofillthedutiesassociatedwiththerole. A freedom of informa-tion officer is responsibleforreceiving,assessingandsubsequently disclosinginformation in responseto requests. The KansasLegislature requires pub-licagenciescoveredbytheOpen Records Act to ap-pointalocalfreedomofin-formationofficer. Perry was appointed tothepositionbya2005reso-lution.Thecommissioners’Wednesday action repealsthatresolution.

Perry relinquishes county public information duties

APPoiNTeD PosiTioN

See INFORMATION, Page 2

Resolution censures county’s top election official

Perry

See RESOLUTION, Page 12

swinging with the chAllenges

See SHELBY, Page 12

402 N. Main • Ottawa, KS

785-242-5100AdvantageFordOttawa.com

ADVANTAGE

Page 12 The Ottawa Herald Thursday, March 29, 2012

Case more recently has been taskedwith investigating accusations made in ademand letter sent on behalf of Perry tocommissionersearlierthismonth.Thelet-terallegesviolationsofPerry’shealthpri-vacyrightsandrequestsliquidateddam-agesof$175,000.Italsothreatensalawsuitagainstthecountyifactiontocompensatetheclerkisn’ttaken. Casesaidhewasaskedbycommission-ers to prepare the censure resolution,which additionally states “the Board hasreceived multiple complaints addressingtheconductoftheFranklinCountyClerk.” SincePerryisanelectedofficial,com-missionershavenosupervisoryauthorityoverher.Therefore,acensureresolutionwas among their limited options for ex-pressingdispleasurewiththeclerk. CasetoldcommissionersMarch14thathisconcludedhumanresourcesinvestiga-tionfoundmanyallegationsagainstPerry—undisclosedtothepublic—tobetrue.That,coupledwiththecommissioners’in-abilitytoexercisesupervisorypowerovertheclerk,pushedhimtoforwardtheinves-tigationtotheKansasAttorneyGeneral’soffice. Wednesday’s censure resolutionrepeatsCase’searlierassertionaboutthetruthbehindmanyoftheallegations. Perryhasmaintainedshedoesnotknowthedetailsorsubjectoftheinvestigation,nordoessheknowtheallegationstowhichCase has referred. She said she spoke toCaseonlyonceduringthecourseofhisin-vestigation. Still,thelongtimecountyclerk,whosatquietlyastheresolutionwasreadWednes-day,saiditdidn’tsurprisehertolearnthecensureresolutionhadbeendrafted. “I figured therewasaresolutioncom-ing,”shesaidafterthemeeting.“Ifiguredtheresolutionwasgoing toaskmetore-sign, just because they don’t like me be-causeI’mavoiceforthepeople.” Perryidentifiedthe“they”towhomshereferredasCommissionersTaylor,HarrisandWaymire. After reading the full text of the cen-

sure resolution shortly after the meet-ing, Perry said she not only thought thecommissioners’ action was an attempt tosilence her, but also that it infringed onherFirstAmendmentrightoffreedomofspeech. She said she always has tried tomaintain transparency in county govern-mentandsaidsomepeopledon’tlikethat. Perryalsosaidshethoughtthecensureresolution came in retaliation to her de-mand letter and possible lawsuit againstthecounty. “The investigation was over until theygot the letter from my attorney regard-ing [Health Insurance Portability andAccountabilityActviolations]andthenitall started back up again,” she said. “SoI would say that’s retaliation. There’s nootherwayaroundthat.” Fornow,Perrysaid, she’snotgoing tochangeanythingabouthowsheconductsbusinessintheclerk’sofficeinresponsetothecensureresolution.ShesaidnoneofherstaffhasbeeninterviewedforCase’sinvestigation, adding that there are twosidestoeverystory. Wednesday’s censure resolution isn’tthefirsttotargetPerry’sactivitieswithincountygovernment. As a result of Case’s earlier investiga-tion,commissionersadoptedaresolutioninSeptemberbarringdirectcommunica-tion between the Franklin County clerkand the county’s ambulance department.Thatresolutionessentiallywasunenforce-ablebecauseofthecommissioners’lackofsupervisoryauthorityoverPerry’soffice.

“Knowing,forherandI,wasjustthemostunbear-ablethingintheworld,”ScottJordansaid. AbouttwoweeksafterShelby’sdiagnosis,herparentstoldherabouthercondition—andthattheywouldneedtospeakwithaneurosurgeontodiscusstheiroptions. “Ikindoffreakedoutandstartedcrying,”Shelbysaid. Aweeklater,theJordanfamilytraveledbacktoKansasCity.Forthem,sur-gerywastheonlyoption.

A cAthArtic chronicling Tocopewiththeideaofbrainsurgery,ShelbyspokewithherclosefriendandsocialstudiesteacheratCentralHeightsMiddleSchool,KelliBrown.BrownadvisedShelbytoexpressherfeelingsthroughwriting. “Whenshewasstrug-glingwithsomethingsbe-forehersurgery,Itoldherastoryaboutsomebodyinmyfamilyandthattheywereadvisedtokeepajournalandtowritethingsdown,”Brownsaid.“Some-timeswhenyouwritethingsdown,youreaditandyougo,‘Oh.’...It’skindofenlightening.” FollowingBrown’sadvice,Shelbyjotteddownherthoughtseachday.Someexcerpts,shesaid,aresadorangry,whileoth-ersarecomicalandjovial. “Itriedtomakeitalittlefunny,”Shelbysaid.“Inonepart,Isay,‘IknowI’veonlysaidthatIwanttocryaboutamilliontimes—maybeit’ssomethingaboutsurgerythatmakesmesoemotional.’” Shelbysaidthewritingprocess,whicheventuallyproducedmorethan26pagesoftext,helpedtoexpressherfeelingsasthedateofhersurgeryap-proached.

BAd things just ‘pArt of life’ OnthemorningofDec.6,2011,theJordanfam-ilytrekkedtoChildren’sMercyHospitalforShel-by’ssurgery.

“Iwaskindoffreakingout,”Shelbysaid.“Ihadneverhadsurgerybefore,sothenIjusthadtostartwithbrainsurgery,sothatwaskindofscary.” Theoperationtookmorethansixhours,leav-ingKimandScottJordananxiouslywaitingnearby.Theneurosurgeonsuc-cessfullyremovedShelby’sfirstvertebraeandapieceofherskullthroughafour-inchincisiononthebackofherneck. She’drecoverinthehos-

pitalforfivedaysbeforereturninghomeandwouldmissnearlyamonthofschool. Thetotalbillofthesurgerycostthefamily$95,000,KimJordansaid.Shesaidseveralcommu-nitymembersorganizedabenefiteventandraffleforthefamily,whichhelpedtoraiseabout$5,000. Followingthesurgery,Shelby’sspiritsremainedhighandherhealthim-proved.Shesaidsoonherheadachesandothersymp-

tomsdisappeared.Allthat

remainedwasafour-inchscaronherneckandtheyearningtoreturntoherclasses. “Itwaskillingme,”Shelbysaidofmissingherstudies. Eventually,Shelbyre-turnedtoherclassmates,whoknewofherconditionandsentplentyofget-wellcards. “Theywereverycon-cerned,”Brown,Shelby’ssocialstudiesteacher,said.“WhenwefoundoutthatShelbyhadhersurgeryandshewasfine...therewasabighooray.” Shelby’sdoctorsplacedseveralrestrictionsonheractivitiesanddiet,limit-ingherphysicalexerciseandrequiringshedrink

plentyoffluids.Shealsoisprohibitedfromeatinganyfoodscontainingmonoso-diumglutamate,acommonfoodadditive. Thefamilyplanstore-turntothehospitalApril25forafinalMRIthatwillshowifShelby’smalforma-tionhasdiminishedsincethesurgery. Untilthat’sconfirmed,Shelby’srestrictionsre-main. Despiteherlimitations,Shelbysaid,shedoesn’twanttobetreatedanydif-ferently. “Alotofpeoplemakeitabigdeal.‘Ohshehadbrainsurgery,shecan’tdothis.Ifeelsobadforher,’”shesaid.“ButIdon’tthinkit’sabigdeal.Ijustthinkit’spartoflifetohavebadthingshappentoyou,Iguess.” Shelbysaidsheplanstopublishherbook,“TheChiariChronicles:TheStoryofMyBrainSur-gery,”andnowisseekingapublisher.ShesaidBrownhasinspiredherfuturecareerambitions—shewantstobecomeaschoolteacher. Besidesearningascar,Shelbysaid,she’stakensomelifelessonsfromtheexperience. “Iknownowthatalotofthingscanbescary,”Shelbysaid.“Butitjustdependsonhowyoulookatit.”

resolution: Clerk says ‘retaliation’(Continued from Page 1)

Since Shari Perry is an elected official, commissioners have no supervisory authority over her. Therefore, a censure resolution was among their limited options for expressing displeasure with the clerk.

Photo by Matt Bristow/ The Ottawa Herald

12-year-old Shelby Jordan, left, is shown Monday with her parents, Kim and Scott, younger brother, Cooper, 4, and puppies, Bolt the Super Dog and Charlie Brown, at her home southeast of Ot-tawa. Shelby has been stay-ing at home, only attending school a few days a week, after having surgery for her chiari malformation.

shelBY: ‘I kind of freaked out and started crying,’ Central Heights student says(Continued from Page 1)

Normal Chiari I Malformation

Cerebellum Cerebellum

CSF Spaces

Spinal Cord Cyst in Spinal Cord

Herniated Cerebellum

Shelby’S condition: chiari malformation

Image courtesy of the Chiari Institute