IS IT TRUE November 26, 2013
IS IT TRUE that after all of the posturing that delayed the approval of Don Mattingly Way because of the need to do it right, not a single member of the Evansville City Council were there for the unveiling this past weekend?…a survey of the crowd and asking other people in attendance if they saw any City Council members resulted in a big ZERO?…t appears that they were MIA?…according to some that worked on the project, Councilman Jonathan Weaver was a big help but was out of town on his honeymoon and could not attend?…the CCO would like to congratulate Councilman Weaver on his marriage?…we are always proud to read about Evansville’s own Donny “Baseball†Mattingly who is still in the news regularly as the Manager of the Los Angeles Dodgers?
IS IT TRUE the CCO has learned that the Kansas City company that received a double payment of over $300,000 for work at the Ford Center has paid the City of Evansville back the surplus funds?…it is a sad shame that it took a lawsuit to get these people off the dime to return money that was never theirs in the first place?…it would be appropriate for this slow walking company that had to have known they had been double paid to also pay interest for the use of the money and to absorb all of the legal costs incurred by the City in the effort to get that money back?…we guess the presumption of honesty was not merited in this case?…this money should be set aside in a fund to someday put in the storage facility that was needed at the Ford Center yet overlooked in the design process?…we hear that tigers do not like the cold and are not appreciative of the sleeping quarters in the back 40 lot when the circus comes to town?
IS IT TRUE City Council Attorney Scott Danks has answered a question to City Councilman John Friend regarding the Federal Labor Standards Act (FLSA) and the accrual of comp time by public employees?…Danks’ conclusion are identical to what the CCO has been publishing for nearly a month now that comp time is mandated to be accrued at “time and a half†rates and accrual cannot exceed 480 hours (320 hours worked) for fire and police personnel and 240 hours (160 hours worked) for regular public employees?…Mr. Danks’ opinion continues the streak of unanimous opinions that the City of Evansville is in serious and habitual violation of federal labor laws?…this law is just as valid and simple to understand as the minimum wage?…it is on the same page as the minimum wage designation in the DOL summary page?…we wonder just how loud the outcry would be if this or any city in America pleaded ignorance for violating federal minimum wage laws for an extended period of time?…for an organization with 1,200 employees to fail to educate themselves and their department heads about basic labor laws is as out of touch with reality as a bus driver that does not know a steering wheel from a pair of shoes?…the CCO openly wonders why there is not more concern expressed by the citizens of Evansville for their leaders being asleep at the wheel?
IS IT TRUE another unanswered question about the FLSA violations is who other than the HR Director and the Department Heads should have caught this failure?…one would expect that the heads of the police and fire unions would be competent enough to know these things and cognizant enough to make FLSA violations known, but they didn’t?…one would expect that the people from the Indiana State Board of Accounts would catch such a thing in the annual audit but they didn’t?…one would expect that someone on the City Council (John Friend) that has knowledge of balance sheets would ask a question about accrued liability for labor and catch such failures but they didn’t?…the list of people that should have been in the “checks and balances†loop is quite long but no one caught this even after Sherman Greer was outed for letting an employee accumulate 1,100 hours of comp time?…why was the legal limit of comp time never questioned even after Greer was admonished in the media by Mayor Winnecke?…it seems as the only was Evansville will learn this lesson is for the federal government (which is dealing with mass incompetency itself) to come to town and administer mass spankings?
IS IT TRUE when it comes to qualifications for public jobs it is time to start considering some litmus tests with regard to who can run for certain offices?…one can run for City Council, School Board, or any other elected office without so much as demonstrating an ability to read or add a column of numbers?…if we want competence in government it is time to demand it?…something like an 8th grade ISTEP test would be a step up for Indiana cities to filter out candidates that are unqualified to be the equivalent of a member of the board of directors of a $300 Million+ company in Evansville’s case?
Pass a test to run for elected office? And which elected officials decide which test it shall be? Or perhaps unelected bureaucrats should decide which tests? Wouldn’t it serve the public better if voters had to pass an 8th grade ISTEP test before they received a ballot?
Is it true not much thought went into the CCO making such a suggestion?
I know it could never happen, but it would be great if you had to take a civics exam and a quiz on the candidates before voting. People always throw out “Jim Crow” whenever you try to make any changes to the voting “rights” of others.
Things like the Don Mattingly Way issue are what makes me think that certain members of Council are egotistical and obstructionists. I know that Linzy was there the night of the delay, so he may fact check this because I don’t remember the specific details, but I’m pretty sure that Conor O’Daniel was the most vocal for the need to delay the vote. SBR also made comments about the need to get it right to avoid any future issues. I believe that it was Dr. Adams that also spoke about delaying it and incorporating the dedication into the CHRISTmas parade. It was a 15 minute ceremony. If Council truly cares about the city, they should attend these types of events. They (SBR & Pres. Robinson) can go to TSA’s Red Party, which in my opinion was a campaign rally for Wedding, but they can’t go to a tribute for one of Evansville’s favorite sons.
I was proud to co-sponsor the naming of Don Mattingly Way. I took the Resolution to the Jacobsville Area Community Corporation, the Northside Business Association,the Jacobsville Join In initiative, the Evansville Otters and the Jacobsville Neighborhood Association for discussion and approval. I met with Bill Bussing and members of the Hot Stove League to work out the details. I consulted the Administration and Pat Keepes for any issues or concerns from their end. The vote was delayed 2 weeks because the Resolution was not in final form due to someone being on vacation. No one saw an issue with a delayed vote. It was the night of the hotel presentation. The Resolution was not quite done and we had a full agenda. I don’t know why the delayed vote is an issue. It was logistics and posed no delay in the ceremony. It was a suggestion from the JACC Board that it be dedicated around the Xmas Parade. This was a good thing that was done. I’m sorry that the fact that I pushed this Resolution through on a 9 to 0 vote is somehow diminished because I was not at the ceremony. The Evansville City Council had a nonpartisan float in the Xmas Parade. Most of us were unable to attend the ceremony with the parade commitment.
As to the Red Party, it is a fundraiser for HIV affected families for Christmas. This year I sponsored a family. My family and I will see that another family has enough for the holidays, and it was important for my husband and I to be there. Again, I’m sorry if you find that offensive.
Stephanie, I’ll repeat what I told you through FB for the benefit of the readers here. This project was in your ward. Of course you were heavily involved in making it come to fruition. Your effort is appreciated. You certainly could have taken time out of your day to attend the unveiling of a public monument for one of Evansville’s favorite sons. I closed the doors to my business early so I could be there. It was hard to squeeze in between work and Nathan’s funeral, but I managed. I took it easy on you in my comment earlier because I have less of an issue with you than with Conor. He was the one that was that resisted Weaver’s continued efforts to vote that night. Doyle and several of the members for Tri-state Hot Stove League that were in attendance at the Council meeting were certainly upset about the delay. If you have time to squeeze in closed door meetings at Danks office, you should be able to squeeze in an appearance at something that is important for your ward. Also, I don’t have a problem with TSA or the Red Party. I have several friends that were involved in the event. I just believe that if you have chosen to represent your ward, events in that ward should take precedence over most things that aren’t family or church obligations.
Phyllip,
For Pete’s sake, let her be. She made a good choice. Just because it was not to your liking, its done. The road is still renamed.
As for its importance to the ward, give it a rest. How do you know there was no family obligation involved? Were her children at the parade? If mom was on a float that was probably a big deal to the kids. Who knows. Maybe she said a prayer that the float wouldn’t break down. That could bring in your church obligation requirement.
Your comments are a bit off the wall. Be of good cheer this holiday season! Let the little stuff roll off your back instead of your tongue.
Garvin Park is the 6th Ward. It’s not even her Ward! Send her a trophy for taking care of someone else’s issue. You need to get a grip. You have no traction here, and it’s not because we’re jaded. It’s because she is an excellent representative. Your little buddy Weaver you love so much is an idiot compared to most but beyond lacking lacking compared to SBR.
Phillip,
Maybe if you didn’t close your business doors so much, you wouldn’t write so many bad checks.
It’s called a caucus Phyllip. They’re legal and serve a purpose. How interesting that a self proclaimed man of God can make such baseless allegations. Did you tell the family that you helped with their furnace that you were a hypocrite and a liar?
Stephanie, I don’t understand why anyone goes into public office in Evansville. The local idiots can’t wait to rip people apart for everything. Thank you for serving our city and putting up with the constant berating from people who could hardly obtain a GED.
plus most voters.
Stephanie,
You work very hard and make good choices. Of the two topics of concern, I would be much more supportive of the Red Party than the brief Mattingly ceremony which basically blocked a through-fair in the park. I was in the park for another reason and did not know it was going on. I had to back up to get out of the human road block.
The Red Party deals with real human needs. Everyone who presents their views in any way on this blog should be very mindful always, but especially this time of the year, that many people would gladly sell the computer or devise you are typing on if they had it to buy food or one Xmas present for a family member.
I am no sport fan. I don’t care one way or the other. But probably Mr. Mattingly didn’t care who was there Sat. And I couldn’t care less what a road is called. Much ado about nothing.
I did not know that Missy Mosby and Jonathan Weaver got married. I did know that they were engaged tho. Scott Danks needs to do more research before he opens mouth, but wait, this is normal for him.
You are kidding? Mosby & Weaver the dynamic duo got married, my condolences to the bride and groom it is truly a match made in heaven!
JMHO
“the list of people that should have been in the “checks and balances†loop is quite long but no one caught this even after Sherman Greer was outed for letting an employee accumulate 1,100 hours of comp time?…why was the legal limit of comp time never questioned even after Greer was admonished in the media by Mayor Winnecke?”
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You (the CCO) really need to step back and think about that statement, do you honestly believe that Mr Greer was fired because of a “comp time issue?” really? in a city government where comp time is negotiated in contracts to be above the federal limits of the DOL and never contested by either parties.
In a city government where department heads willfully violate federal labor laws with no fear of losing their jobs because everyone else does it, where time after time year after year employees have been allowed to bank comp time over the term of their tenure and receive a payout when they either leave or retire.
You still believe this is the sole reason Mr Greer was fired, unbelievable.
JMHO
We intentionally did not write that he was fired for the comp time accumulation of a subordinate. He was however admonished publicly for allowing that to happen among other things like buying a truck before its time. Please read our words before concluding that we think that was the sole reason. We don’t and it was not. It was seen to be significant enough to make a public spectacle over though.
Neither warranted his dismissal, public spectacle is correct but it was a excuse that was convenient, it was believable to the public and saved or postponed the mayor from telling the whole truth which still isn’t totally known.
The convenient truth the mayor used to remove Mr Greer could someday come back to haunt him, it is a story worthy of the CCO to dig deep on because what is seen on the surface isn’t what it’s all about.
JMHO
IT WAS NOT COMP TIME!!!! Stop repeating the same false facts. It was overtime. Don’t say that they are the same thing. According to the reports, there was an employee that Greer wanted to give a raise. The raise was denied and Greer allowed that employee to accrue absurdly excessive overtime to essentially circumnavigate the denial on the raise. What doomed him was the purchase of the truck. As a vendor, I’ve had a training meeting with Debbie & Boscoe in the purchasing department and they do not take it lightly when the purchasing rules are ignored. They know that the rules are the best way to control the spending of our money.
If you choose to believe that story Phyllip it is your choice, I just know that the story goes much deeper than overtime or a truck purchase, but all the info I have is third party while I trust the source I’m not at liberty to share the info, and this info was shared with me a long time before Mr Greer was fired.
Which is why I believe the CCO should let their moles take a look at the EMA and give the civic center a short break.
BTW I’m a vendor also 😉
JMHO
Overtime by law must be paid in the pay period that it was earned at a rate of 1.5 times the normal rate. The fact that there were 1,100 hours on the books proves that it was converted to was comp time. By the way nearly all comp time starts out as overtime before it is converted. The idea of having 1,100 hours of overtime on the books is absurd. It is also illegal.
For most employees this is true but firefighters also fall under FLSA time which has different rules….FLSA time can be converted to comp time.
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Compensatory Time.
Government employers are permitted to pay some FLSA overtime with “comp. time” in lieu of cash wages. To be permitted to pay FLSA overtime with comp. time instead of cash, there must be an “agreement” with the employees before the FLSA overtime work is performed. If the employees are represented by a union, this agreement must be collectively bargained. If not, it may be a “condition of employment” (at least for new hires) or contained in individual agreements. Comp. time in lieu of cash wages for FLSA overtime must be paid at the appropriate FLSA overtime rate — time and one-half. Employees must be permitted to use their accrued FLSA comp. time pretty much when they want to (on reasonable notice), but an employer may require an employee to “burn” accrued FLSA comp. time. An employer may not prohibit an employee from using accrued FLSA comp. time unless the time off would create a real disruption in operations. A desire by the employer to avoid having to call in another employee for shift coverage are not sufficient reasons to deny comp. time requests, as that is a financial reason and not an operational hardship.
The FLSA comp. time rules apply only to “FLSA comp. time.” This is “time” awarded in lieu of cash wages for hours worked which would be required to be treated and paid as overtime under the FLSA. Some employers grant comp. time to employees for other purposes or on other schedules. The FLSA comp. time rules do not apply to this kind of comp. time.
Source: http://www.flsa.com/fire.html
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I believe all city firefighters fall under these guidelines.
JMHO
The bottom line is that “We The People” are responsible for who is elected to office. If an office holder is not doing the job that should be done, then a member of the electorate has the option of stepping up and running for office.
Requiring elected officials to pass some sort of “competency” test completely ignores the qualifications of the “common” individual, who has a lifetime of valuable experience, insight, and dedication to their community, state, and nation. There is a vast difference between “qualifications” for certain technical jobs, running for elected office should remain wide-open and available to all people who want to provide service to their community.
I agree with the disaffected, and I am appalled and outraged at the suggestion of the CCO editorial staff in advocating for a “test” for elected officials. This would disenfranchise qualified candidates for elected office based on a test that would never be considered constitutional, let alone be subjective for test takers.
It is established case law (from the SCOTUS on down) that literacy tests and subjective tests of a person’s qualifications are unconstitutional. Are you really advocating for something that is abhorrent to our Declaration of Independence and Bill of Rights and the US Constitution?
Try a look at this paper. And excellent thesis on why “qualifications” for office is the proverbial slippery slope, only a short step removed from Jim Crow type laws.
http://www.brown.edu/Research/ppw/files/Qualifications_Brown_3.doc
“IS IT TRUE another unanswered question about the FLSA violations is who other than the HR Director and the Department Heads should have caught this failure?”
I’m pretty sure its common knowledge that HR directors are the least competent employees of any business. A HR director of a government bureaucracy can only be worse. Those who are not incompetent are forced to be so by the “rules” that they must follow. I should know, I lived with one of the good ones for 15 years and making the right decisions was not something she was applauded for.
“I’m pretty sure it’s common knowledge that HR directors are the least competent employees of any business.”
Wow. Really? I have never heard that in all me years in business. In fact, a good HR person can keep the company out of costly legal trouble and is worth every penny paid. This is a case in point.
Should I say, “I’m pretty sure it is common knowledge that anonymous blog posters are uninformed?”
You are correct “Sam” (wow that’s not anonymous, or is it?) They can keep a “company out of costly legal trouble” but what is the cost of that? Is the best person for the job always hired? Is the best interest of a functioning business always the choice they make? No, that’s why I said they often have no choice in these matters, as they must always follow the “correct” way of doing things, as said by the Fed gov. and EEOC.
“a good HR person can keep the company out of costly legal trouble and is worth every penny paid.” This is all well and good, for a business owner. I however, like most people am not a business owner myself. We, the working people, must deal with the decisions of your HR staff as they correctly cover your a…that does lead us however to appreciate the chaos they cause by following the “rules” of the government and the EEOC.
sorry, that does NOT lead us to appreciate…
“I’m pretty sure it is common knowledge that anonymous blog posters are uninformed?â€
I just had to respond to this one, “Sam” by saying Is it true? that by posting my name along with such “controversial” views it would possible to harm my income and financial well being? Is it true that unless I spout “politically correct” views of what is happening these things may be at risk? That unless you are a private business owner with no worries about politics one would be made outcast at HR directed worries by espousing the opinions I have just made?
It’s ok….
For some unknown reason there are always folks who think that an opinion has to have a verifiable name attached to it for the opinion to be valid, truth be told it matters little who the messenger is but the content of the message is the important part.
People will also say that you have to take ownership of your opinion by posting your name which is also just a diversion, we all know the intent of wanting a real name associated with a comment is strictly for retaliation.
For some of us the risk for controversial views is a loss in income, people who don’t understand that are very short sighted IMHO.
JMHO
“For some unknown reason there are always folks who think that an opinion has to have a verifiable name attached to it.”
You are too easy on them Blanger, A state of intolerance (ironic, I know) has blossomed around us, making our very words a weapon used to push us into a dark corner. The thoughts of the middle class are no longer welcome in polite discussion.
Evansville needs nothing less than to Junk the Mayoral Model, and move the “business of Government” to the City Manager Model. Real Government Reform is imperative, or the History of Evansville will continue to be written by the chronic, low talent, Pool of mis-managers, Evansville has labored under for far too long..
No, we just need someone more interested in moving our CITY forward over moving thier political career forward….
It’s my understanding that the “dual office holders” restrictions are an Indiana Attorney General’s opinion, and not a state statute. Therefore, a local municipality’s attorney may or may not agree with the atty. gen.’s opinion, and may or may not advise the city or county’s chief executive to allow an employee to hold, say the highway department superintendent’s job while at the same time serving on the same county’s school board, even if for example the highway superintendent serves as the county’s weed ordinance enforcement agent while the school corporation owns land that may be in violation of that ordinance.
Sorry for posting this under this topic, but the “submit” button on your Mole hotline tab doesn’t work.
Here is one for your IIT. The city APC has fined Smitty’s on Franklin St. $500 for displaying a small daily special sign. Please read the comments. This is a disgrace and is supposedly due to complaints. Does anyone really believe someone would complain about this little sign?
https://www.facebook.com/pages/Smittys-Specials-Events/321965464578285?hc_location=timeline
Gees, Curious, No wonder the area seems a tourism fail.
Evansville…”Like the road between FT Worth and Dallas ..no curves.” (Foghorn leghorn)
Smitty’s was not alone in getting a fine. Lamasco also was fined. The Busy Body however gets free press!
You know in every really nice tourist sections in those type towns they do have similar attractions like rivers, parks, historical block sections and places like Smittys as shown by your post. They do kind of promote the sidewalk storefront tours culture as well.
Google map this “street level” in Savannah Ga. Location East River Street to be exact. Look at the store fronts down the street,zero in on the one called the Cotton Exchange bistro,and tavern. Look at the front door “if you can see through the patrons” see it? Nice touch,(daily menu slate) nice ,and expected per an popular tourist location.
Note the street is loaded with customers,and its not even prime contact time when the Google van went by.
Wiz back up to altitude find Forsyth park,find the intersection at the main entry walkway “West Gaston street,Bull street,east Gaston” go to “street level” again look inside the park at the fountain then look at those benches there on either side of the entry.
Now think Garvin Park,and one certain actor and two certain big screen blockbusters. Like “Momma always said,life is like a box of chocolates,you never no what your gonna get”. Yup that’s the guy.
However some things can be planned ahead of time,some can even become a actual destinations. BTW,the bench is comfortable, and the view is just fantastic,and well played for tourists so to speak, good album shot.
I use some outstanding new delta fusion style southern recipes you could easily serve at Smitty’s for added featured attractions,good stuff,easy to serve,always remembered.
I’ll have to drop in sometime and share those with your kitchen staff, psst.. put in some cool benches outside too,add some unique curb level marine dock lighting to the buildings side walk side. Maybe a side walk chess table,and some checkers, keep the menu slate please make it a nightly surprise attraction “with some staging” as you list the evenings specials “Key West cabaret method”, put a tip box inside the door for customer support to help with the obnoxious counter productive area plugging commission fines,maybe that can be moved forward,as well.
“Its an miracle that curiosity survives formal education” (Albert Einstein)
Smitty’s shouldn’t pay the food and beverage tax this month, the city doesn’t want these business’s to sell product. Reminds me of Kokomo’s building permit cost to Chrysler of $2100 A MONTH. I’d pull the plug on that factory so fast, they’d never figure out where I went. There are places that want business.
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