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Letter From Prominent Attorney Charlie L. Berger Taking To Task EVSC Officials For Not Doing The People’s Business In The Open.

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BERGER

Letter From Prominent Attorney Charlie L. Berger Taking To Task EVSC Officials For Not Doing The People’s Business In The Open

 

September 18, 2020

Mr. Jeff Worthington

President of Board of Trustees

Evansville-Vanderburgh School Corporation

951 Walnut Street

Evansville, Indiana 47713

Dear President Worthington:

I have reviewed the website for the EVSC.  There is no listing for the upcoming budget.  I searched by the EVSC search engine and no budget material comes up.  The bond discussion at the last meeting is not found on the web site and no details of the expenditures are present and are surely not easily accessible.  Your corporation operates in the dark and not in the public landscape.  There are no budget hearings to hear where the money is to be spent and the reason for the expenditures.  If you view the other governmental bodies like the City or County Councils, those budgets are very open and subject to hearings and discussions so that policies and disclosures can be more fully debated and explained.  Why does your board not ask all of the folks requesting funds with the over-inflated salaries come before your body to justify what is being done so the public can hear what they do and where the money is spent?

The public is entitled to an open discussion and availability of the details of the budget especially since your budget is the largest.  The lack of transparency is disturbing.  You do not question the administrative staff that is working for your corporation in any manner to justify the allotting of funds.  I have never received any detail on how you and the rest of the trustees justify the expenditure of funds in the underserved community.  I asked for this information over a year ago and was told it does not exist.  You and the other board members could make this happen if you had a concern about alleviating the disparities in the schools.  

The removal of public comment from your agenda under the cover of an Executive Order of the Governor is additional proof of the lack of any interest to make the operation of the EVSC an open and welcoming process.  The interpretation that you have relied upon is merely a mask that you and the other board members hide behind so that the public is shielded from the truth.  The City and County do not operate in such secrecy.  

The recent refusal of your board to provide COVID-19 virus information to the students, parents, and staff borders on reckless disregard for the emotional health and physical health of the students, parents, and staff.  I have received emails and letters and had discussions with the staff members about their fears in working in the secret environment your board has endorsed.  The staff members and parents are fearful of their own status to speak out.  The history of the EVSC hierarchy to be difficult and unreceptive to any sort of constructive criticism is long ongoing.  The fear of retribution is how the EVSC operates without disclosing to the public information that should be easily available.  From the staff, I have encountered there is a sense of hopelessness that anyone in the EVSC headquarters is looking out for them.  

I am here to urge you and the other board members to get your heads out of the sand.  COVID-19 virus is real and dangerous.   Your hiding of information which is not violative of any HIPA restrictions is shocking.  The EVSC is not your corporation.  It is the community’s school corporation.   

I hope that one day the Board will stop sitting there as the pawns of its Superintendent.  You and the other board members should begin to take ownership of your role instead of letting the Administrative Staff being in complete control.

Sincerely,

Charles L. Berger-Attorney At Law

YESTERYEAR: 300-314 Main Street

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300-314 Main Street

by Pat Sides

Located at Third and Main streets, this imposing building housed two longtime merchants that serviced generations of Evansville shoppers. The structure sat on the site of an early Vanderburgh County courthouse, which was razed to make room for it in 1892.

The corner section housed Schultz’s Cloak House, which opened in 1905. Adjacent to Schultz’s was DeJong’s, another upscale women’s clothing store, which had opened in 1896. That business remained in the hands of the DeJong family until 1969, but the store continued to operate for many years, finally ending its run at Eastland Mall in the 1990s.

Several fires in this block transformed the building’s appearance over the years. A major fire in March of 1984 destroyed Schultz’s and the store never re-opened. A modern condo development now occupies the site.

Indiana Lawmakers Promised Teachers Wouldn’t Be Judged By Test Scores

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Indiana Lawmakers Promised Teachers Wouldn’t Be Judged By Test Scores. But They Still Are

Or so it seemed.

In fact, how students perform on standardized tests could still contribute to their teachers’ annual reviews.

Lawmakers left in a provision that would penalize teachers if students show low growth on state test results — what it calls a “negative impact.”

But education leaders say the stipulation is too confusing: Many feel it goes against the intent of removing test scores from teacher evaluations.

Some are calling on lawmakers or the State Board of Education to redefine a negative impact with a measure that isn’t tied to test scores

Without a change, education officials say teachers who would otherwise rate as “effective” or “highly effective” could be blocked from receiving positive evaluations if they are deemed to negatively affect student growth — which could keep them from receiving state-funded bonuses or pay raises through their local contracts.

“All of us seem to agree that evaluating people in this manner is not the appropriate thing to be doing,” said Jennifer Smith-Margraf, vice president of the Indiana State Teachers Association. “This whole thing has been very confusing to a lot of us.”

Smith-Margraf said she believes still including test scores amounts to a “misinterpretation” of the recent change in law, which marked a step away from the tough accountability practices popular in the previous decade.

It’s not clear how the state would determine that a teacher is negatively affecting students, and almost all Indiana teachers rank in the top two categories anyway. Just 1.2% of teachers were deemed to need improvement in 2018-19, according to state data, and 0.2% were rated “ineffective.”

As districts this fall outline how they will evaluate teachers, the state provision will also likely have little effect because the state temporarily suspended how it uses standardized tests for accountability. The suspension, known as a “hold harmless” measure, prevented schools and teachers from being affected by lower test scores in the past two school years due to the introduction of a new test, ILEARN. Students also didn’t take tests this past spring during the pandemic.

The education department is discussing how this measure could affect teacher evaluations after next spring’s tests, spokesman Adam Baker said.

Sally Sloan, the executive director of Indiana’s American Federation of Teachers union, said that until recently, she thought the law separated student test scores from teacher evaluations.

“To be honest, I can’t wrap my mind around all of that,” Sloan said.

She said the union will push for legislation to change the language. But she’s unsure if legislators actually want to change it.

State board spokeswoman Molly Craft said the board’s staff attorneys do not see a conflict with the definition of negative impact and the law.

State Superintendent of Public Instruction Jennifer McCormick said Tuesday she’s hoping for a fix down the road to fully remove test scores from teacher evaluations.

“It looked great on paper, but we told them early on that it didn’t really solve the problem,” she said.

 

 

GOURMET CORNER-RECIPES FOR THE DISCRIMINATING TASTES

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GOURMET CORNER-RECIPES FOR THE DISCRIMINATING TASTES

By DR. DAN ADAMS 

CHOCOLATE CHUNK PUMPKIN INGREDIENTS

cup (2 sticks) unsalted butter, softened

1 cup white sugar

1 cup light brown sugar

2 eggs

1 teaspoon vanilla extract

1 cup canned pumpkin puree

3 cups flour

2 teaspoons baking soda

½ teaspoon salt

1 teaspoon ground cinnamon

½ teaspoon ground ginger

¼ nutmeg

¼ ground cloves

2 dark chocolate bars, cut into chunk

 

 A BACHELOR’S VERY DIFFERENT MARINARA SAUCE INGREDIENTS

Dump all into a Slow Cooker on High for 4-5 Hours, Stir x 1/ hr

1 Can of Tomato Soup

2 Cans of Crushed Tomatoes (28 oz and ~12 oz)

1 Can of Tomato Paste (12 oz)

1 Pint of Pico da Gallo

1 Jar of Roasted Minced Garlic

1 Large Diced Sweet Onion

1 Jar of Mild Red Cactus Salsa

3 oz of Wine (Sangria or Rose`)

1 Heavy Dollop of Maple Syrup

1 small Ziploc bag of Frozen Seafood Broth from a Former Outing 

Paprika, Oregano, Basal, a tiny bit of Cayenne to taste

FOOTNOTES

For Bolognaise:  1+ lb of l Lean Ground Saluted with Diced Onion, Olive Oil & Butter Until Crusty Dark Brown.  Dump in Slow Cooker Anytime. 

For Tutti De Mari:   Any Seafood (Shrimp, Scallops and Muscles are GREAT).  If Frozen, Thaw in Microwave.  Schuck Shells.  Pop in Slow Cooker 40 minutes before Serving Time

MEET DR. DAN ADAMS.
 POLITICAL EXPERIENCES

City Councilman At-Large-Evansville, IN.

Evansville City Councilor At-Large 2008-2012.

City Council Vice-President 2011, 2013, 2014.

City Council President 2015.

City Council Liaisons – Area Plan Committee, Animal Control, Computer Services, Evansville Redevelopment Commission, Fire Department, Evansville Endowment Fund.

PROFESSIONAL EXPERIENCES

Shining Light Medical Business Consultants Evansville, IN.  President-Owner 2002 to present.

Ohio Valley HeartCare Evansville, IN.  President & Chief of Cardiovascular-Thoracic Surgical Section 1996–1999.

Cardiovascular Surgery Inc. Evansville, IN.  President, Adult CVT  Surgeon from 1982–1995.

Western Montana Clinic Missoula, MT.  Adult CVT Surgeon 1975–1982.

EDUCATION

Executive MBA, Health Care Management from the Olin School of Business, St. Louis, MO 2002.

M.D., Harvard Medical School, 1965.

B.A., American Studies – Pre Med, Yale University, 1961.

Phillips Academy, Andover, MA, 1957.

MILITARY SERVICE

Commander, USNR, 7/73 – 7/79.

Naval Reserve Unit, Missoula, MT 9/75 – 7/79

Marine Reserve Battalion Surgeon, 1st BR 23MAR4th MARDIVFMF USMCR, Houston, TX 8/-73 – 6/74, Created Pilot Teaching Program with BenTaub Hospital Emergency Room For OJT of USN Corpsmen.

BOARD CERTIFICATION

American Board of Surgery, 10/71.

American Board of Thoracic Surgery, 10/74.

CIVIC AFFILIATIONS

Member of Evansville Regional Airport Board 2004-2005.

Evansville Northside Kiwanis Club, Board & Foundation Member 2004-2008.

Evansville Port Authority Board 2005.

Boys & Girls Club Devotee & Soccer Coach.

Indiana University Medical School–Evansville Community Advisory Committee 2010- Present.

 

IT’S AN ILL WIND

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IT’S AN ILL WIND …

By Jim Redwine

www.jamesmredwine.com

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Original Artwork Used by Permission of

Artist & Attorney Cedric Hustace

COVID-19 has killed about 200,000 Americans since it took our first citizen in early February 2020. It has cost us millions of jobs and thousands of businesses. Before we finally defeat it, and we will, ’Ole 19 will have cost us many trillions of dollars of our personal and public treasure. It is difficult to contemplate there may be anything worthwhile to be gleaned from this world-wide pandemic. However, we humans are a resilient species. We have learned better hygiene from past plagues (Typhoid Mary?), better agriculture from past famines (the Dust Bowl?), and better technology from past wars (too numerous to name). With the coronavirus, we are rapidly developing better, cheaper, and more ecumenical delivery systems of social services, including legal services, in response to social distancing.

As Jeff Bezos rides Amazon into the financial stratosphere we now can get groceries and education without leaving our homes by simply using our thumbs and televisions. While we complain about the pervasiveness of the outside world into our lives we can now consult with our medical providers at lower cost and with greater convenience. We can even have our “day in court” and never go to court. And the courts we no longer have to go to may have changed their attitudes more in this year of 2020 than they changed in the transition from ecclesiastical models to secular ones over the last few hundred years, or, at least, since I began practicing law in 1970 and judging in 1981.

Just as Walmart encouraged southern ladies to eschew high heels when shopping and Rural King and Atwoods relaxed the clothing bar even further for men than their wives thought possible, socially distanced court proceedings have proved that justice need not be pretentious to be administered fairly. A live-streamed video decision that grants a divorce or closes an estate is just as valid and just as readily accepted as a stuffy proceeding presided over by some self-important potentate in the presence of three-piece suits and tasseled loafers.

“Zoom”ed legal proceedings are quickly proving what some in the judiciary have been asserting for years, it is the facts and the law of a case, not the “majesty of the law”, that are the essence of justice. We judges are discovering thanks to COVID-19 what the Wizard of Oz was so rudely apprised: litigants do not need to tug on their forelocks and beseech their “betters” for justice. In an American courtroom even if that courtroom is one’s living room, “Justice is to be administered freely and without purchase, speedily and without delay”.

What we are discovering is that American citizens can save time, money and inconvenience by attending court electronically while sipping coffee and wearing casual clothing and still accept judicial decisions as just. It is the fairness of a judge’s ruling, not the judge’s robe or periwig, that is the woof and weave of our judicial system. If we judge to concentrate on the evidence and properly apply the law, we need not waste time and resources enforcing arcane rules designed to stroke our egos. Legal proceedings do need proper structure but two of our most honored judicial precepts should always be followed by judges: (1) De minimis non curat lex (don’t sweat the small stuff), and (2) When the reasons for a rule no longer apply, do not apply the rule. A casual but mutually respectful atmosphere and the ability to ignore behaviors that do not impact a just outcome in court proceedings may be an unanticipated “symptom” of ’Ole 19 and electronic court.

With electronic court, the days of waiting for years to get into a court should be over. Every judge, lawyer, and litigant has instant access to a court; there is one in his or her hand, home or chamber. And since 95% of all cases are eventually settled without trial why delay justice due to everyone having to use the same brick and mortar building? Socially distanced justice has been forced upon us. Of course, we must address the health issues but we need never go back to the Wizard of Oz days. The curtain has been raised and up it should stay.

For more Gavel Gamut articles go to www.jamesmredwine.com

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“Right Jab And Middle Jab And Left Jab” September 21, 2020

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The majority of our “IS IT TRUE” columns are about local or state issues, so we have decided to give our more opinionated readers exclusive access to our newly created “LEFT JAB and Middle Jab and RIGHT JAB”  column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB” AND “MIDDLE JAB” AND “RIGHT JAB” several times a week.  Oh, “LEFT JAB” is a liberal view, “MIDDLE JAB” is the libertarian view and the “RIGHT JAB is representative of the more conservative views. Also, any reader who would like to react to the written comments in this column is free to do so8

ADOPT A PET

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Titan is a male black Lab mix! He’s 2 years old and weighs 56 lbs. He was found as a stray and never reclaimed! His adoption fee is $110 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at www.vhslifesaver.org/adopt to inquire!

 

HEALTH DEPARTMENT UPDATES STATEWIDE COVID-19 CASE COUNTS

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