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HOT JOBS IN EVANSVILLE
COA: Statute of limitations for AG to act on SBOA report begins when verified report is filed
Katiie Stancombe for www.theindianalayer.com
In May 2017, Indiana Attorney General Curtis Hill filed a complaint pursuant to Indiana Code Section 5-11-5-1 to recover public funds from Cathy Jo Robertson, a former bookkeeper for the Jennings County Clerk’s Office. Results from a special investigation conducted by the Indiana State Board of Accounts in 2014 found that during her tenure, Robertson diverted more than $61,300 in public funds for her personal gain using a “checks substituted for cash†scheme. The OAG also sought more than $184,000 in treble damages pursuant to the Crime Victim Relief Act.
Robertson filed a motion to dismiss the complaint pursuant to Indiana Trial Rule 12(B)(6), asserting the complaint had not been filed within the two-year statute of limitations because it had accrued between her time of employment from January 2009 to April 2011. Even if the statute of limitations did not begin to run until the OAG had discovered the alleged loss of funds, Robertson contended, the complaint was still time-barred because the OAG had actual notice of her alleged offenses when the SBOA had placed its unverified report with the OAG in December 2014.
But the Jennings Superior Court determined the plain language of section 5-11-5-1 provided that the statute of limitations commenced in January 2016, when the SBOA gave the verified report to the OAG. Robertson’s motion to dismiss was ultimately denied, and the Indiana Court of Appeals affirmed on interlocutory appeal despite Robertson’s contentions of error.
In a case of first impression, the appellate court held that the OAG’s claims under the statute did not accrue until it received the SBOA’s signed and verified final report. Finding the statute’s language to be clear, the appellate panel said the Indiana General Assembly has required the OAG to act only when the it receives the final report, not when it receives a preliminary report.
“Thus, we decline to hold that the statute of limitations begins to run prior to the time the OAG is required to act,†Judge Edward Najam wrote for the unanimous panel.
The panel further disagreed with contentions raised by Robertson and Liberty Mutual Insurance as amicus curiae that the SBOA would be able to “indefinitely toll the statute of limitations by delaying publication of the report†if time did not begin to run until the final report was received. The court also denied the assertion that the SBOA could toll the statute of limitations indefinitely by withholding placement of the final report.
The appellate panel therefore determined the two-year statute of limitations period did not begin to run until after the OAG received the final report and that the complaint was filed within that timeframe. Thus, the claim was timely filed, and the trial court did not err in its denial of Robertson’s motion to dismiss in Cathy Jo Robertson v. State of Indiana ex rel. Curtis T. Hill, Jr., Attorney General of Indiana; Ronald Bloemer, Auto-Owners Insurance Company, and OneBeacon Insurance Company, 18A-PL-1002.
USI alumni, media invited to first look at new Screaming Eagles Arena
Dr. Ronald Rochon, fourth president of USI; Mrs. Lynn Rochon, first lady of USI; University administrators, coaches, student athletes and alumni
A reception for alumni honoring Dr. and Mrs. Rochon and celebrating the inauguration of USI’s fourth president, hosted by the USI Alumni Association
6 – 8 p.m. Monday, April 1. Members of the media are strongly encouraged to arrive at 5:30 p.m. in order to secure footage of the empty arena prior to the arrival of guests and ahead of any potential live spots.
 Screaming Eagles Arena. A map of campus that includes Screaming Eagles Arena can be found at USI.edu/map. Additional overflow seating will be located in University Center East.
PARKING: Media are encouraged to park wherever they are able to find spots. Please park only in designated parking spots.
MEDIA CREDENTIALING: For all events held in the Screaming Eagles Arena, all members of the media are required to sign in and pick up a media access badge before entering the arena. Members of the media should access the arena and pick up credentials at the set of double doors located to the left of the main entrance and will call booth on the north end of the building (a tent currently marks this entrance). You do not need to wait in the general admission line to enter the building. Someone will meet you at this entrance, sign you in and issue your arena access badge.
ARENA TOURS: Members of the USI Marketing and Communications team will be on hand to offer tours to members of the media and provide access to public spaces for photography and video recording.
INTERVIEWS: During the event, various members of USI administration will be available for comment. This includes, but is not limited to, athletic director Jon Mark Hall, vice president for business and administration Steve Bridges and various coaches and student athletes representing the Athletics Department. President Rochon will deliver public remarks at 6:30 p.m.
COLIN POWELL: The official public opening of Screaming Eagles Arena will be for the presentation and conversation with Gen. Colin Powell, USA (Ret.) at 7 p.m. Thursday, April 4. More information about that event can be found in this press release.
INAUGURATION WEEK: The reception will serve as one of the first events held during Inauguration Week, which begins on Sunday, March 31 and extends through Friday, April 5 with the official inauguration of Ronald S. Rochon as the fourth president of USI. Notably, a full list of events, as well as ceremonial information, full media kit, list of distinguished guests and more can be found on the USI website at USI.edu/inauguration.
FORD CENTER HOSTS ANOTHER TOURNAMENT WITH RECORD BREAKING CROWDS
Evansville, IN – NCAA Elite Eight Tournament returned to Ford Center on Wednesday with a record-breaking crowd day one of the tournament. This is the third time NCAA has made Ford Center their Elite Eight tournament host arena; their first visit was in 2014 and returned in 2015. The NCAA DII tournament has made Evansville it’s host city three times in the last five years, which is not something new to Evansville, from 1957 – 1976 Evansville hosted the DII tournament every year. The total attendance for 2019’s men’s Elite Eight at Ford Center was 18,870, which marks the largest total in the Elite Eight era and the largest single-site total since 1971.
“Breaking two records in the same year shows these prestigious tournaments that Evansville makes the perfect host city for these major tournaments.†stated Ford Center’s Executive Director, Scott Schoenike. Prior to Wednesday night’s West Texas A&M VS University of Southern Indiana quarterfinal game, the attendance record was set in 1994 with a little over 6,000.
Saturday afternoon Northwest Missouri State University became the NCAA DII champion. Ford Center and the NCAA DII Championship was showcased in front of millions on CBS.
Continuing Ford Center’s active spring are Disney on Ice – April 4 – 7, Guns and Hoses – April 13, WWE LIVE – May 5 and Jason Aldean – May 9.
SENATOR BRAUN’S WEEK-IN-REVIEW
With President Trump declaring the GOP will soon be “the party of healthcare,” Senator Braun continued to lead on the issue this week: introducing new legislation to empower American consumers by making healthcare costs transparent.Â
Senator Braun joined MSNBC Live with Hallie Jackson to discuss fixing the soaring prices under Obamacare, protecting pre-existing conditions, and lowering prescription drug costs.Â
Watch the full interview by clicking here or above.Â
Senator Braun joined Steve Inskeep on NPR Morning Edition to discuss replacing Obamacare, getting the healthcare industry onboard through price transparency, and how Republicans can become what President Trump called “The Party of Healthcare.”
Listen to the full interview by clicking here or above.Â
Senator Braun joined Stu Varney on Fox Business to discuss lowering healthcare prices by making them transparent and fair, and the potential danger if the healthcare industry does not address these problems: single-payer government insurance for everyone.
Watch the full interview by clicking here or above.Â
“Just a year ago, Mike Braun was an underdog in the Republican primary for an Indiana Senate seat. Now he’s a freshman senator, installed on the Senate’s key health care committee — and pushing his own package of health reforms.
“Braun joined POLITICO’s Dan Diamond to explain his frustration over how Washington regulates the U.S. health system, his criticism of the latest effort to strike down the ACA and why he thinks more Republicans need to make health care a policy priority.”
Listen to the full podcast by clicking here or above.
Senator Braun joined Jessica Smith of Yahoo Finance to discuss his new drug price transparency movement and how it will affect the healthcare industry.
Watch the full interview by clicking here or above.Â
“Sen. Mike Braun (R-IN) told Breitbart News in an exclusive interview on Thursday that Republicans needs to “force the conversation†of healthcare reform onto the industry’s back, contending that if the industry does not change, Medicare for All will win.”
Full article here.
Fort Wayne Journal Gazette’s Brian Francisco took a look into Senator Braun’s new bill to empower consumers through healthcare price transparency.
Click here or above to read the full article.Â
“I was clear during the campaign. It was the #1 issue in Indiana. You’ve got to cover pre-existing conditions and no cap on coverage,” Braun said.Â
Click here to read the full article.
AGENDA of the Vanderburgh County Board of Commissioners
AGENDA of the Vanderburgh County Board of Commissioners
April 2, 2019, at 3:00 pm, Room 301
- Call to Order
- Attendance
- Pledge of Allegiance
- Action ItemsÂ
- Resolution NO. CO. R-04-19-006: Defining and Clarifying the Class of Vanderburgh County Employees Eligible to use the Services of the Tri-State Community Clinics, LLCÂ
- Superior Court: Professional Service Agreement with Jessica MarcrumÂ
- County Clerk: Request to Increase Early Voting and Election Day Poll Worker Pay Â
- Burdette Park: 2019 RC Beverage Co. ContractÂ
- County Health Department: STD Grant Agreement with Ryan WhiteÂ
- County Auditor: Agreement with Lewis & Associates to Perform Cable Franchise Fee Audit
- Old Courthouse: Lease Agreement with Gary HobdyÂ
- Purchasing Department: Permission to Advertise Notice to Bidders for Surfacing MaterialsÂ
- Community Corrections: Second Chance Act GrantÂ
- Area Plan Commission: Unified Development Code Update – Kickoff Presentation
- Department Head Reports
- New Business
- Old Business
- Consent Items
- Approval of March 19, 2019 Meeting Minutes & March 26, 2019 Special Meeting MinutesÂ
- Employment ChangesÂ
- Weights and Measures: Feb 16- March 15, 2019 Monthly ReportÂ
- Old National Events Plaza: Food and Beverage Funds Request
- Township Trustee Standards 2019: Pigeon TownshipÂ
- County Auditor: Claim Voucher Report: 3/18/19- 3/22/19 & 3/25/19-3/29/19Â
- County Treasurer: February 2019 Monthly ReportÂ
- Superintendent of County Buildings:
- Old Courthouse Chiller repair quote
- Mowing Quotes
- Surplus Requests:
- County Council for a ComputerÂ
- Area Plan Commission for a ScannerÂ
- County Engineering:
- Department Report
- Pay Request #44 University Parkway T.I.F. for the sum of $162,272.42
- Pay Request #56 U.S. 41 Expansion T.I.F. for the sum of $2,150.09Â
- ClaimsÂ
- Legal Aid Society: Annual End of the Year SummaryÂ
- Substance Abuse Council: Local Drug Free Communities Fund InformationÂ
- Road Closure Request: Indiana State Games on 5/19/19
- Commissioners: Appropriation Request for Change of Venue
- Public Comment
- Adjournment
House Committee Passes Amendments On Gaming Bill
By Victoria Ratliff
TheStatehouseFile.com
INDIANAPOLIS- A Gary riverboat casino would be allowed to move inland under a bill approved Wednesday by a House committee – but with a $100 million price tag.
That is one of the numerous provisions in Senate Bill 552, the giant gambling bill that was approved unanimously by the House Public Policy Committee. The amended bill covers an array of other gaming issues, including moving a second Gary casino license to the Terre Haute area and legalizing betting on sports, though not via phone or computer apps.
Under the amendment offered by committee chairman Rep. Ben Smaltz, R-Auburn, the Gary casino operator, Spectacle Gaming LLC, would have to pay a $100 million fee to repurchase the license they already have in order to operate at a new location near a northern Indiana interstate highway. Smaltz argued that gaming licenses are the property of the state, so if the location changes, a new fee to acquire it should be assessed.
The size of the fee shocked some committee members.
“To me it sounds like an address change,†said Rep. Vanessa Summers, D-Indianapolis. “It doesn’t necessarily sound like something that they should have to pay $100 million to do… Even for a rich person $100 million is kind of in the stratosphere.â€
Gary is seeking to allow the casino to move inland in order to open up its port for economic development.
B.R. Lane, who represented Gary at the hearing, said later that the price tag “might have a chilling effect†on keeping businesses in Indiana. Gambling advocates here have kept an eye on Illinois, and the possibility of a casino being placed just west of Indiana’s border.
And John Keeler, a lobbyist for Spectacle, said that business already paid for the existing gaming licenses. Under the amended form of SB 552, they would have to pay again, plus lose one license to the Terre Haute area which would go up for bid.
“We do hope the license fee will be more reasonable, more business-friendly,†he said after the hearing.“It is a tremendous risk. One is the investment of $300 million in Gary (to build the new casino) and the other is the…potential competition from a Chicago casino.â€
Rep. Sean Eberhart, R-Shelbyville, called for the fee to be eliminated altogether.
“To me, I think it should be a zero fee to move. I think it’s fair compensation. They’re taking a risk†by investing millions to relocate the casino, he said.
Eberhart, though, was most interested in another provision in the amendment. His community, Shelbyville, has one of two racinos in Indiana, along with Anderson, which combines horse racing and a casino. Those racinos, unlike other casinos in Indiana, do not have live table games, that use human dealers rather than video. A 2015 law allows them to get those live games in 2021, but the version of SB 552 which passed the Senate 38-1, moved those up to this year.
“The only reason Indiana Grand and Hoosier Park don’t have live table games now is because of Gov. (Mike) Pence and his threat to veto the entire gaming bill in 2015,†Eberhart said.
Also added to the bill Wednesday was an amendment by Rep. Edward Clere, R-New Albany, allowing veterans and fraternal organizations to participate in sports betting as long as the money only goes towards the organization. Clere said that since the bill already would legalize sports betting, a version benefiting charities also should be approved.
“I thought it would be an appropriate time to add this new opportunity so that they could conduct spots brackets or pool surrounded events,†he said.
Despite numerous questions from the committee, Clere’s amendment was adopted as Smaltz and House Ways and Means Co-Chairman Todd Huston, R-Fishers, both stressed that the bill is a work in progress and will be heading next to that budget-writing committee.
Smaltz said his amendment nixed the use of computers and mobile phones for sports betting because he was concerned that that could lead to every community having gambling. If someone could bet on a sporting event from their phone, it would be hard to argue that they couldn’t have black-jack and other casino games, he said.
Rep. Matt Lehman, R-Berne, said the bill does represent an “expansion of gaming†in Indiana.
“You don’t move boats from water to land and not call it an expansion,†he said.
He said the bill opens the door for other casinos to ask to move off the water and on to land. Sports betting and live dealers at racinos also expand gambling, Lehman said.
Yet he voted for the bill saying, “We’re here, we’re in. To use a gambling term, we’re all in. We’ve made this agreement and at the end of the day jobs, tax dollars†are dependent on the business.
FOOTNOTE: Victoria Ratliff is a reporter for TheStatehouseFile.com, a news site powered by Franklin College journalism students.
University Of Evansville Men’s Baseball Team Sweeps Bradley
PEORIA, Ill. – On a cold and dreary afternoon in Peoria, Illinois, the University of Evansville baseball team delivered a complete a team effort to double up Bradley, sealing the deal on a Missouri Valley Conference series victory Saturday, at Dozer Park.
It began on the hill, as junior left-hander Nathan Croner shutout the Braves across the first four frames, striking out three in the process.
Croner also received early run support, After senior center fielder Nate Reeder hustled out an infield single in the second inning, he was moved over to second on a grounder, the speedy Reeder swiped third. That move would set up freshman second baseman Danny Borgstrom for an RBI single to left, putting UE out in front, 1-0.
In the top of the third, red-hot sophomore first baseman Tanner Craig continued his clutch swinging, with a run-scoring lace to left, that tallied junior right fielder Troy Beilsmith, doubling the lead to 2-0. Later in the inning, Evansville would load up the bases, and a wild pitch would allow Tanner Craig to race home with yet another run, making it 3-0 UE.
In the bottom of the frame, with a runner on first, Bradley’s Chad Garon sent a single to right. Brendan Dougherty raced for third, but a bullet from Troy Beilsmith to Sam Troyer gunned down the Braves’ hopes for a rally, ending the inning.
Nathan Croner had his dreams of a shutout shattered in the fifth frame, as a sacrifice fly brought in Bradley’s first run of the series, making it 3-1 Evansville. The junior southpaw would limit the damage there, and exited the game after five innings, allowing one run on seven hits, while striking out three.
Freshman right hander, Shane Gray would take over in the sixth and tossed back to back scoreless innings. However, in the eighth, Gray was tagged for a solo home run by Dan Bolt, shaving the UE lead down to one. The Braves would go onto put two aboard later in the frame, but Gray induced an inning-ending double play, keeping Evansville in front, 3-2.
In the ninth inning, Tanner Craig would give the Aces back their two-run margin, belting an RBI double to left, scoring Beilsmith from third.
Leading 4-2 in the bottom of the innings, the Aces turned to senior right hander reliever Austin Allinger for the second day in a row. After getting the first two outs quickly, Allinger would walk the next two batter, putting the tying and winning runs on base. However, the senior would bear down and get Chad Garon to fly out to end the game, earning Allinger his fourth save of the season, while Nathan Croner move to 5-2 on the year.
The win improves Evansville’s record to 13-9 on the season, surpassing their entire win total for all of 2018. The loss drops Bradley to 12-9. The Aces go for the series sweep of the Braves Sunday afternoon at Dozer Park, with senior left-hander Alex Weigand taking the hill for UE. First pitch is set for 1 p.m.
- INFO: For all of the latest information on University of Evansville athletics, visit GoPurpleAces.com or follow the program on Twitter via @UEAthletics.
- DONATE: For information on giving to UE Athletics or its individual athletics programs, visit the DONATE tab on the top of GoPurpleAces.com.
- TICKETS: To purchase tickets for University of Evansville athletics events, log on to GoPurpleAces.com and click on the TICKETS tab on top of the page.
Joe Downs
Director of Athletic Media Relations
University of Evansville
Office Phone: 812-488-2394
Cell Phone: 812-677-1836
