IS IT TRUE December 6, 2012

The Mole #??

IS IT TRUE of our “MOLES” were pleasantly surprised to see city employees, Ben Miller and Rose Young at the Aihua International Market on North Greenriver road around 5:45 P.M. yesterday? …they were doing the people’s business by helping a businessman to start a new business in a vacant building located on North Greenriver Road?…we say thank you Rose and Ben for working beyond the call of duty?

IS IT TRUE the staff of the Deaconess Gateway hospital has been doing an absolutely commendable job with respect to the reason this writer had to make a quick trip to Evansville?

IS IT TRUE the CCO filed three Freedom of Information requests with DMD, the City Of Evansville Controller’s office and the Water and Utilities Department today? …we were told by our well placed “Civic Center Moles” that the multi-million bookkeeping software is still not performing correctly

IS IT TRUE that the 8 day strike at the Port of Long Beach was finally settled and that the hundreds of cargo ships that have been sitting offshore in the Pacific Ocean can now be unloaded? …the strike affected nearly $5 Billion in cargo and was causing ripple effects in the trucking industry, the logistics industry, and the 10,000 people who work at the port who refused to cross the picket lines of the clerks? …that clerks at the Port of Long Beach earn a compensation package worth well over $150,000 per year with base pay of nearly $90,000 and some of the best benefits in the USA? …the settlement happens only hours after federal mediators were sent in?…we wonder just how rough the feds were intending to get with the unions that were disrupting nearly 40% of the imports and exports of the entire country? …one could easily conclude that the port workers have the country by the throat? …it is good that the port is opened and we hope it has a sustainable business model in place going forward?

IS IT TRUE that President Obama has made an offer to supposedly avoid the overhyped fiscal cliff and that the Republicans in congress have delivered a counter offer? …these positions are apart by roughly $800 Million on how much to raise taxes with the President’s offer being heavy on taxation and light on cutting spending? …neither proposal balances the budget or puts into place a situation to promote growth? …neither the President, the Republicans, or the Democrats in congress seem to have a clue about how to balance a budget or get out of the way of everyday Americans so this MADE IN WASHINGTON FISCAL CLIFF is eliminated the right way? …it seems like it is time to ignore the whole batch of these sons of witches and get on about personal prosperity one person at a time? …the dance with governments being able to do something good for the economy is over and the easiest route to a decent life is to pretend these two packs of jackals to not exist?

IS IT TRUE speaking of a no confidence in local government there are a few people telling us that there may be an effort to remove Mayor Winnecke from office for failing to do his fiduciary duty and balanced the budget with a known set of reconciled books? …he surely is not the originator of this unbalanced books problem when it comes to Mayors of Evansville as this whole fiasco started under ex-Mayor Jonathan Weinzapfel? …if it takes drastic action to get to the bottom of this embarrassing fiasco and get a solution in place then so be it? …if such a thing happened in the real world of business there would have been firings by now? …all government needs to relearn the lesson that they have bosses and that serving the people that vote for them is their job? …this is not happening locally or nationally? …the State of Indiana has been run fiscally among the best in the country under Governor Daniels who will leave office at the end of this month? …we hope the state continues to function well as many others are not? …that unfortunately a well run state does not isolate the people of the state from the economic ineptness of local and federal governance?


  1. It all starts right here in Evansville. If reform is to come, we need to start right here where the reformers should have the most clout to solve the problems.

    Take care of the cities and the State will follow suit. Take care of the States and the Federal Government will follow suit.

    This accounting situation that started with Weinzapple and continues under Winnecke is more than justification for Winnecke’s removal. The fact that Winnecke covered for Weinzapfel’s illegal deeds for six months, and in so doing placed his own administration in violation of state statute for those six months, is all the grounds one needs to call for his removal from office.


  2. “he surely is not the originator of this unbalanced books problem.” No but he did not and has not resolved the problem in a timely fashion. Or even mention it in a timely fashion. I ask once again. When does negligence become criminal.

    • The very day that Winnecke knew that the books were not able to be reconciled, and indeed had not been reconciled for 12 months prior to Winnecke taking the oath of office for Mayor of Evansville, Winnecke had a statutory obligation to inform the State of Indiana and the Citizens of Evansville.

      It was a violation of the law, and an ethical failure on Lloyd Winnecke’s part and, to date, he has not taken ownership of his failures.


    • Found this out on the net. Hope it clears up your question.

      To constitute a crime, there must be an actus reus (Latin for “guilty act”) accompanied by the mens rea (see concurrence). Negligence shows the least level of culpability, intention being the most serious and recklessness of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences.

      Recklessness is usually described as a ‘malfeasance’ where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a ‘misfeasance or ‘nonfeasance’ (see omission), where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest. In some cases this failure can rise to the level of willful blindness where the individual intentionally avoids adverting to the reality of a situation. (In the United States, there may sometimes be a slightly different interpretation for willful blindness.) The degree of culpability is determined by applying a reasonable person standard. Criminal negligence becomes “gross” when the failure to foresee involves a “wanton disregard for human life”

      • Thank you. I do not think it has got to that last one yet. But some of the other points come pretty close.

      • Wouldn’t you call throwing a grenade inside a home and bum rushing an innocent grandma and teen-aged Signature School graduate – even though the door was unlocked – “wanton disregard for human life.” ? Sending in a fully armed SWAT team to an unarmed home full of innocent people all WITHOUT conducting proper surveillance – all because the police chief overreacted to dumb threat comments made on a blog — does that not count for “wanton disregard for human life”?

        • And wouldn’t you call PASSING TWO CITY BUDGETS IN A ROW WITHOUT KNOWING HOW MUCH MONEY WAS IN YOUR ACCOUNTS wanton disregard for human life, considering much of the budget had to do with TONS of public safety line items like police and fire and parts of our parks department? They had no clue what was in the bank and passed TWO budgets in a row. Horrible. Absolutely horrible. What if they were wrong and we had to lay off police and fire?

    • It also doesn’t fit (the rescue mission that is) with the elitist mentality of the EVPL, it’s embarrassing to have indigent people standing around the crown jewel of the Evansville Vanderburgh Public Library within plain view from the parking lot, we won’t even mention them coming inside during the winter for a little warmth and enlightenment. The homeless/indigent should not be out in plain sight it ruins the ambiance of the grand PUBLIC library.

      My opinion is that the library wants ownership of the property to ensure that they have control over what the building/property is used for….the patrons of the rescue mission have been an ongoing embarrassment for the central library every since it opened.


      • Does anyone think there is correlation here and with most recent effort for a taxpayer subsidized hotel across the street from the Rescue Mission?

      • It’s not just ’embarrasing’ and has little to do with ruining ambience. In addition to huddling around every exit smoking, residents of the rescue mission can be found soiling the restrooms (fecal and urine), drinking and doing drugs in out of the way nooks and crannies, sexually harrassing staff and patrons, acting questionably towards pre-teens and teenagers using the facility, and leaving presents (of the six legged variety) in the chairs and sofas they regularly fall asleep in.

        The central library is the de facto daytime residence for many folks who call The Rescue Mission home, and everybody knows it. This is not what Central was designed for, and everybody knows that, too. Public does not equal homeless shelter.

    • Downtown officially has an identity crisis and it’s all because they didn’t follow the master plan. A civic center next to a convention center next to a library next to an open lot next to a car dealership next to an arena next to a very tightly landlocked Main Street is a complete mixture for disaster. None of these parts feed or compliment any of the other parts and unfortunately this will probably result in a mass demolition eventually.

      • Exactly why they are going to Roberts Stadium the Rescue Mission. It is likely that a high paid out-of-town consultant recently advised the ERC that an across the street homeless shelter is not a big tourist/convention draw for a downtown hotel.

        • Roberts isn’t getting torn down because of bad city planning, it’s getting torn down because of baseless paranoia and corruption. None of their claims that the two would compete have ever come to fruition. Neither SMG nor Venuworks said the two would compete, none of the tenants who were going to go in Roberts went into the Ford Center, and none of the money that was going to be used to remodel Roberts has been saved. Not only is the dog park almost exactly twice the price tag of Roberts’ remodel, the ball fields have now magically gone BACK up from $8-10 mil to $8/10- $13 mil.

          As for the homeless shelter, yea you’re right on that one. It would have seemed to me that they should have thought about this arena being landlocked with non-compatible facilities BEFORE they built it. I mean it’s not like cities ranging in size from Lincoln, NE all the way up to Columbus, OH are/did plan BOTH the arena AND district around it. There’s no way anything can go around the arena now. Not even if they knock have the buildings down.

      • But don’t forget… All of that you just mentioned WAS the result of government planning! The clusterf$%^ we have down there now has government planning at the source of blame. The free market wasn’t involved in any of it.

        What was on that site before was closer to a free market, organic neighborhood in which each part contributed to a sum total in which people could live, work, and play. Most of the disastrous planning happened in the 1960s during that round of “revitalization”. Rather than “revitalize” the area, the net effect was in reality the bisection of Main Street into two halves by an imposing, ugly, concrete Civic Center, and the destruction of 100 year old historic buildings in favor of parking lots.

        “Planning” certainly has a place, but I still think you have far too much faith in the ability of government to pull it off without just killing the very thing it sets out to preserve with a mountain of red tape and good intentions.

        • It was both. In fact, in Evansville both the free market and government are the same because the good ole boys who have businesses here are also the elected officials time and time again.

          Sterling Brewery “green space” lot is owned by Jack Rogers and I believe the old L&N station lot is owned by Mulzer. But yes, the CG&I station (4 freedoms pillars), the Skora Building, and the Orr building all could be standing if not for the actions of gov’t.

          So yea, I’d say it’s 50-50.

          • What you just described is NOT a ‘free market”…it’s cronyism. Big difference.

  3. Do expect the Courier to write the whole truth? Yes, you are coorect that Mr. Raben did make that statement when he voted against this request.

    I totally agree with him on this issue.

    It’s time we take the 4 County Council members to task for voting on this issue. It time that the days of tax and spend are over.

    Does anybody out have their phone numbers and e-mails so the CCO readers can contact them to express our displeasure over this issue?

  4. Lying to the public, by local officials, has been developed to a high art form here in Evansville.

    They know that the truth will eventually come out, but they also think that by the time it does the public will be unable to do a damned thing about it.

    A good case in point:

    They lied about the tax rate not going up. They lied about enrollment going up. They did not have to lie about the total cost of the project because no one knew, and no one was going to put a cap on it. It was like, as I stated at the time, handing them a blank check signed by local taxpayers.

    My personal opinion is that a bunch of bottom feeders see the school corporation with $$$$$ signs in their eyes, and these same people could not care less about educating children.

    Within a very short time period we bonded for new libraries, new schools, and a new arena. The total cost of all of these projects is an astounding amount of public debt that no one that I am aware of has published for local taxpayer consumption.


    • The “Truth” in this town got shipped off to Roswell for evaluation of “Alien” influence. I would advise you not hold your breath til it surfaces.

  5. Well California has Los Angeles,–Our State has “Los Scandalous”
    also known as: Evansville, Indiana.

  6. It’s time to fire Jenny Collins! I don’t understand how someone who ran an office who didn’t reconcile for a year at that time gets a newly created position. To make matters worse she convinced them to bump her pay up to $81,000. $81,000 to destroy another thing that she touches. SMG, City Controller’s Office, and now City Utilities. She’s the opposite of King Midas because everything that she touches turns into poop.

    This current administration is allowing for the problem to continue. They blame everyone else for their incompetence. I hear them all the time blaming their consultants and the State Board. The problem is that you have a bunch of incompetent people that are irreplaceable because no good accountant would want to work in that office.

    • Forget Jenny Collins… Fire Mayor Winnecke! He has clearly not been carrying out part of his duty as Mayor. He can be removed by crafting an accusation charging that he has failed to balance the books for at least 11 months while in office. This accusation should be concise and presented to a grand jury. Our Mayor would then have 10 days to appear and answer the charges with a plea of guilty or not guilty.

      If he pleads not guilty, but cannot provide sufficient evidence the charge is vexatious or unfounded, he will have to appear at a hearing to determine his guilt. If found guilty, the court can discharge him from his position as Mayor.

  7. Getting started removing Mayor Winnecke is easier than you might think.

    We know as a matter of public record the books haven’t been balanced for at least 11 months while he’s been in office. While he was not the originator of the unbalanced book problem, he had for many months continued to cover up the situation. He kept this knowledge private even though he had to know that NOT balancing the books on a monthly basis would constitute a violation of State Law.

    Whereas the evidence has shown this Mayor was in violation from the end of his first month in office until the story broke recently, he has been in clear violation of State Law and is therefore in dereliction of his duty as Mayor.

    In accordance with IC 5-8-1-35, which states:

    Sec. 35. (a) When an accusation in writing, verified by the oath of any person, is presented to a circuit court, alleging that any officer within the jurisdiction of the court has been guilty of:
    (1) charging and collecting illegal fees for services rendered or to be rendered in his office;
    (3) violating IC 36-6-4-17(b) if the officer is the executive of a township;
    THE COURT MUST CITE THE PARTY CHARGED TO APPEAR BEFORE THE COURT at any time not more than ten (10) nor less than five (5) days from the time the accusation was presented, and on that day or some other subsequent day not more than twenty (20) days from the time the accusation was presented must proceed to hear, in a summary manner, the accusation and evidence offered in support of the same, and the answer and evidence offered by the party accused.

    The original accusation needs to be in concise writing citing the known facts and submitted to a grand jury of Vanderburgh County:

    IC 5-8-1-21
    Written accusations; grand jury
    Sec. 21. An accusation in writing against any district officer, county officer, township officer, municipal officer, or prosecuting attorney may be presented by the grand jury of the county in which the officer accused is elected or appointed.
    (Formerly: Acts 1897, c.182, s.21.) As amended by P.L.1-1990, SEC.56.
    IC 5-8-1-22
    Form of accusation
    Sec. 22. The accusation must state the offense charged in ordinary and concise language, and without repetition.
    (Formerly: Acts 1897, c.182, s.22.)

    IC 5-8-1-23
    Delivery of accusations; service on defendant
    Sec. 23. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county, except when he is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice in writing of not less than ten (10) days, that he appear before the circuit court of the county at the time mentioned in the notice, and answer the accusation. The original accusation must then be filed with the clerk of the court, or if he be the party accused, with the judge of the court.

  8. Brad, If you lead the battle to remove the Mayor I shall join the effort.

    I know many more people will also join the effort also.

    Also, lets throw Russ Lloyd, Jr. in the mix because he not only lied to city Council members about the books being balanced but also that the accounting software is now working property.

    • Deal. But I need help…

      First things first, we need to know all relevant information pertaining to who knew what and when with regard to the books being out of balance. Please post any relevant links to news articles or City Council or other meeting minutes that are public record that pertain to this issue. We will need to include any quotes made to local media as well as specific quotes from Russ Lloyd and others made to the City Council with regard to the books to back up our allegation.

      Anyone with specific, first hand information who is willing to put your name to the allegation, email me:

      After gathering all information, we can then pay a lawyer to draft the allegation based on the info we gather. I will chip in for this, but I cannot bear the cost alone.

      Anyone wanting to discuss this, email me. The way I figure it, if we don’t do something it’s as good as laying down and condoning it, in which case, we’re no better than the Council members who voted for the 2013 budget without even knowing how much money the City has.

  9. I dont know who your mole is but they are obviously not even close to knowing what they are talking about. The City’s financial software works perfectly and performs exactly as its intended. I should know. There are always bugs with new software and its not the city that is the hold up on reconciliation. How about the State Board auditor that can’t handle any new change. Get your facts right you uneducated redneck!

    • If the software works as intended, that is all the more reason to suspect impropriety or even fraud. Can’t have it both ways.

    • Now we are blaming this on an SBOA auditor? My, this thing has more twists and turns than a road map of New York City!


  10. You would mast certainly have to include the finance chair of the city council. He has run budget hearings and encouraged passing of budgets for the last two years. If councilman Friend truly was not aware of the financial issues of the city, he has no buisness being on council. If he did know, is he a criminal? Is Weinzapfel a criminal? Is Weinecke a criminal? I could convict all of the above, along with the last two comptrollers.

    • One battle at a time…besides, nothing can be proven about what Councilman Friend knew and when. I have suspicions, but can’t prove anything. Pending some kind of evidence, it’s possible Mr. Friend is being truthful when he claims he didn’t know. I do know he had no business approving the 2013 budget without knowing the true state of the books.

      Winnecke on the other hand has as a part of his job description the mandate to reconcile the city books month to month. So it is clear that by the end of the month of January, he should have known full well the situation when they failed that first month to reconcile the books.

      At that point, if he had called a press conference or sent out a press release, or requested time before the City Council to speak about the problem, that would have been the transparent approach. This, unfortunately for all of us, is not what he chose to do. The evidence supports that for at least the first 5 months of this year he knew the books weren’t reconciled and remained silent about it. Not until the audit began was the true ugliness revealed.

      For this reason, it can be concluded this Mayor has been derelict in his duties of office and that is grounds for dismissal. The rest should be a mere formality.

      By the way…can someone please point me to the exact state statute that deals with balancing the books month to month? Thanks. If you don’t want to do it here, email me:

  11. Its the cover up! Weinzapfel covering up for 12 months and Winecke covering up for another 6 or 9, which ever it was. Keeping information from the the SBOA that should have been reported the very FIRST MONTH that they were unable to reconcile the city’s ledgers is a violation of law!

    They knowingly covered that up!


    • I just have to say that the CCO has provided such a service to the people of Evansville. Their efforts in trying to promote transparency in the business of our city was much needed and unrivaled. Thank you CCO for all you do. I just wish there was more positive items to report on in our city. Maybe, just maybe, you’ ll get da bums thrown out and help us get people involved who believe in good public policy and we will have that one day,

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