“READERS FORUM” MARCH 22,, 2019
We hope that today’s “READERS FORUMâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?
WHAT”S ON YOUR MIND TODAY?
Todays“Readers Poll†question is: Who do you blame for the unacceptable deficit spending of the City of Evansville?
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Vectren Receives Approval to Build Solar Farm in Spencer County
Vectren Receives Approval to Build Solar Farm in Spencer County
The project is part of Vectren’s long-term electric generation transition plan.
150,000 solar panels will be installed on 300 acres of land in eastern Spencer County. Vectren says the solar farm will be large enough to power as many as 12,000 homes each year.
First Solar, a solar panel manufacturer, is being brought in to oversee the project. When it’s completed, it will be one of the largest single-sided solar arrays in the Midwest.
Construction is expected to start later this year and it should be up and running by the fall of 2020.
The previous story here:
Vectren Proposes Solar Farm in Spencer County
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Evansville Teachers Federal Credit Union Elects Board Members, Sets Records
EVANSVILLE, Indiana –– Evansville Teachers Federal Credit Union members re-elected four members to their volunteer board of directors, with the announcement coming at the credit union’s annual meeting on Tuesday, March 19, at Evansville’s DoubleTree by Hilton, where another record-setting year was celebrated.Â
Re-elected to the board were Pam Blessing, Andy Guarino, Mike Russ, and Harold Smith.
Blessing, a retired professor at the University of Southern Indiana, is a 30-year board member. Guarino, a retired administrator with the Evansville Vanderburgh School Corp. and member of the School Board, will start a second 3-year term. Russ, who retired as Chief Technology Officer of EVSC, is a 33-year board incumbent. Smith, who retired as Title 1 Coordinator for the EVSC, is a 27-year board incumbent.
Meantime, board president Ken Wempe, along with CEO and President Bill Schirmer, shared news about continued growth for the credit union, which was recognized as Best-in-State for Banks and Credit Unions by Forbes in 2018 and received the Courier & Press Readers’ Choice top award, Platinum, for the sixth consecutive year. ETFCU also was again recognized as No. 1 among all Indiana credit unions for “best-performing credit union†and “total return to member†by independent rating agencies.
Among the 2018 accomplishments, the credit union:
- Added nearly 15,000 new members to increase total membership to more than 207,000.
- Increased net worth by $15.2 million for total equity of $160 million.
- Grew loans by $166 million to a total of $1.33 billion.
- Grew total assets by $190 million to $1.65 billion.
- Increased the popular Vertical Checking program by $50 million to total deposits of $133 million.
- Increased investments via ETFCU Financial Group by $40 million to $308 million.
- Returned $3.8 million to members in 2018 checking benefits alone.
- ETFCU and its employees donated $45,000 to United Way of Southwestern Indiana.
- Members and employees donated nearly $90,000 to build a Habitat for Humanity house; employees already have pledged $104,000 along with work hours for a house in 2019.
- President and CEO Bill Schirmer was honored with the Indiana Credit Union League’s Professional Achievement Award and named to the Federal Reserve Bank of St. Louis Community Depository Institutions Advisory Council
“What I’m most proud of is the impact that our services, our donations, and our employees have on the community,†said Wempe, a recent inductee into the EVSC Foundation Hall of Fame. “Credit unions are all about people helping people, and this organization time and again does just that.’
ETFCU was formed by teachers from Evansville public schools and what now is the University of Evansville in 1936. It operates 14 ETFCU branches in Evansville, Fort Branch, Mount Vernon, Newburgh, Princeton and Vincennes in Indiana, and in Henderson and Owensboro, Kentucky. It also operates four full-service branches of Liberty Financial, a Division of ETFCU, in Bowling Green and Louisville, Kentucky, as well as Franklin, Tennessee. Another ETFCU office will open in Washington, Indiana, in 2019, and another Liberty Financial office will open in Franklin, Tennessee. Immediate expansion plans include multiple offices in the Louisville and Greater Nashville markets.
USI-WJC Baseball Games Moved To Evansville
The series was originally scheduled to be played in Liberty, Missouri, Saturday, and Sunday, but field conditions and a less than favorable weather forecast forced the two teams to make the location change. Friday’s doubleheader begins at 2 p.m., while the final game of the series is scheduled for Saturday at 1 p.m.
HB 1004:  “Freedom†Advocates Want Mental Health Education Out
By Gail Riecken-City-County Observer Statehouse Editor
In a recent Statehouse file report, the writer expressed what must have been frustration on the part of legislators advocating HB 1004 and school safety funding. The article focused on that part of the bill about the inclusion of mental health education in the schools and possible harm one student might commit to another – like a school shooting.
http://thestatehousefile.com/school-safety-debate-focused-mental-health-provisions-bill/38242/
This bill, sadly, was opposed by that familiar group of extremists who remonstrate against anything they think might infringe on their idea of  “freedomâ€- here “freedom in educationâ€. Two women testifying would not even agree to an opt-out provision (like sex education is in public schools).
These women don’t want any child receiving mental health education, not even mental health training on suicide prevention when the incidence in Indiana should put us all to shame.  Consider the following: “As of 2016, Indiana ranks 10th in youth suicide rates and first in suicide ideation, that is, the number of young people who report thinking about suicide and developing a plan to do so, according to the state report. The ideation rate was last reported at 19 percent — nearly double the national average.†(KOKOMO TRIBUNE  Jun 30, 2018).
Instead of lobbying against the bill, a parent should be asking legislators ‘What policies does Indiana require schools to have in place to address potentially suicidal students? What training is required of teachers? What plans are required of schools to support all students in the event of such a horrendous event in their school as a child taking his/her own life?’
As of this writing, HB 1004 remains held in the Senate Committee, Education and Career Development.
Political Candidates Don’t Always Tell the Truth , And You Can’t Make Them
Say you’re a politician running for office, and you want to call out your opponent’s votes against education or guns. If you’re in Montana, a bipartisan group of lawmakers has a new demand: Prove it.
Legislators in Big Sky Country want candidates or political groups who attack a voting record to back up the charge with specifics. Under legislation that has been filed repeatedly in recent years, ads would have to include the title and number of a bill or resolution referred to and the year when the vote was taken.
But the bruising fight to impose a new law in Montana shows just how difficult it is for states to restrict political speech.
Since 2011, Montana courts have struck down three similar attempts to require truth in political advertising, saying the laws were “unconstitutionally vague†and therefore infringed on the free speech rights of Montanans.
“Unfortunately, the wording used was too broad and wasn’t enforceable,†said Democratic state Rep. Kimberly Dudik, who authored an unsuccessful fix this year. “This isn’t something that’s done a lot. We’re really breaking new ground here.â€
To be sure, some two dozen states have for years made it illegal to lie in a political campaign about certain claims, such as when polls open or whether a candidate got an endorsement.
But now, in a country whose president has been shown to have uttered thousands of falsehoods in the past year, and as opinion surveys show an electorate continually skeptical of both public officials and the media, many experts say voters deserve to know they’re getting the truth from political advertising.
Those crackdowns don’t come easy, though. The U.S. Constitution’s First Amendment protects free speech in most forms, and various courts have ruled that state laws restricting political speech infringed on those rights. The U.S. Supreme Court ruled in the landmark 2010 Citizens United case that corporations, too, had a right to free speech and campaign donations, making some state efforts even murkier.
“Requiring truth makes a lot of sense, but enforcement of what is true is a contested thing these days,†said Michael Franz, a professor of government and legal studies at Bowdoin College in Brunswick, Maine. “It’s important for states to consider these things, but the nitty gritty is where it gets tough.â€
Consider Montana, one of the nation’s least populous states. For years, the state has tried to limit the influence of money in politics, and this year the U.S. Supreme Court left in place a new Montana law limiting campaign donations.
Also this year, two weeks after Dudik’s bill failed in the House, Democratic state Sen. Jen Gross wrote a bill of her own using similar language. Then, after seeing her legislation tabled in committee, she used a procedural maneuver to force a vote in the full GOP-led Senate. The bill passed.
But she couldn’t get a vote in the House when Republican Speaker Greg Hertz said the bill violated chamber rules because it had “the same purpose†as a bill that had recently failed.
Republican state Rep. Forrest Mandeville said the legislature should stop “banging our head against the wall†on an issue that is “blatantly unconstitutional.â€
“Every two years, the legislature makes a few tweaks to it, and every two years the court throws it out,†he said. “I don’t think it does any good to pass an unconstitutional bill so that a couple of members can feel good about themselves.â€
While the Federal Trade Commission requires some truth in commercial advertising, there is no federal regulation for truth in political advertising. And states have had mixed results in their efforts.
As of 2014, 27 states prohibited certain kinds of false statements, according to the most recent tally by the National Conference of State Legislatures, which tracks state laws. Some states make it illegal for candidates to lie about endorsements, veteran status or incumbency.
Since then, courts have struck down laws in four of the states: Kentucky, Massachusetts, Minnesota, and Ohio.
In 2016, for example, the 6th U.S. Circuit Court of Appeals found unconstitutional an Ohio law that banned campaigns and candidates from spreading false statements. “Even false speech receives some constitutional protection,†Chief Judge R. Guy Cole Jr. wrote in his decision.
But David Schultz, a professor of political science at Hamline University and a professor at the University of Minnesota School of Law, said he thinks that the First Amendment does not protect lying in politics and that there are constitutional limits to free speech.
Why, he asked, can’t states implement a check on candidates and political action committees who are “essentially lying or significantly distorting†voting records?
“The structural integrity of democracy is people telling the truth and playing fairly,†Schultz said. “If we don’t have that in place, the system collapses.â€
A substantial percentage of candidates and outside groups already footnote claims they make in ads against candidates with specific bills, quotes or media sources, said Bowdoin’s Franz, who is also co-director of the Wesleyan Media Project, which tracks political advertisements.
“The presumption is that they make the claims more powerful if there’s supportive evidence in the ads,†Franz said. “But it comes with a big caveat that claims made with supportive evidence still may not be true.â€
Several states have attempted in the last two years to tighten rules for online political advertising.
California, Maryland, New York and Washington state crafted new transparency laws for digital political advertisements in the wake of Russian social media interference during the 2016 presidential election.
But once again, courts have pushed back against these efforts. In January, a federal judge ruled that Maryland’s law that regulates political ads on social platforms violates the First Amendment.
States have had some successes: In December, Facebook announced it would stop displaying political ads in Washington after the state sued the social media company and Google in June, accusing them of violating campaign finance rules for maintaining records. Earlier last year, Google also paused political advertisements in Washington in response to the lawsuit.
David Keating, the president of the Institute for Free Speech, a Virginia-based organization that opposes campaign finance limits, said the latest legislative attempt in Montana is just “another example of legislatures trying to commandeer other people’s speech for their purposes.â€
“I find it objectionable — period — that they would seek to regulate the content of speech,†he said. “The courts have clearly said that the government is not the speech police.â€
The current system for political advertising, under which campaigns and groups conform to different broadcasters’ standards, works well, he said.
Instead of regulating speech, the best way to counter negative ads about a candidate is by producing an ad in favor of that candidate, providing enough information for voters to seek the truth, he said.
If legislation were to pass in Montana, said state Commissioner of Political Practices Jeff Mangan, the chief campaign finance enforcement official, he “fully expects†the law to be challenged right out of the gate. He’s not optimistic that courts would support the proposed restrictions.
“I don’t see the courts changing their minds any time soon,†Mangan said.
Even so, that will not stop Dudik, the Montana Democrat who is now running for state attorney general, from trying once again to regulate political advertisements in her state.
This week, she introduced a new bill. Instead of requiring specific information on the actual attack ads, she said, the legislation would require candidates and groups to file supporting evidence for attack ads with the commission of political practices, which would then make the information available online for residents.
“We require truth in advertising in everything else,†Dudik said. “I don’t know why we shouldn’t have it in our campaigns.â€
Senator Braun Visits Evansville
Senator Braun Visits Evansville
His visit is part of the U.S. Chamber of Commerce “Freshman Forum†event series. He’ll be meeting with business leaders around the state starting with the Southwest Indiana Chamber in Evansville.
Among the topics, he discussed at Thursday’s chamber event road construction projects and how they will help the state continue to grow and improve.
Sen. Braun says, “Thank goodness Indiana had the fortitude and the vision to do what we did in seventeen and the only disadvantage is we see road construction and repair everywhere, but we made the hard decision to do it. So, I want to let them know that I am going to be a disciple for all the good stuff that’s there but not be afraid to speak up on things I think need great improvement.â€
Braun is also the keynote speaker for Thursday’s Vanderburgh County Lincoln Day Dinner.
That event gets underway at the Evansville Country Club at 6:30 p.m.
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COA Splits On Definition Of ‘Squeezed’ In Burglary Case
Katie Stancombe for www.theindianalawyer.com
A man’s assertion that he “squeezed through†an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry.
In 2001, David Hooker faced the bench at a change-of-plea hearing for charges of felony burglary. Hooker admitted that he had to squeeze through the door of a residence he entered, but that because it was already open, he did not push or touch it in the process.
At that time, a person breaking and entering a building or structure of another person with intent to commit a felony in it was considered to have committed Class C felony burglary under Indiana Code section 35-43-2-1. Hooker ultimately pleaded guilty to that offense, but later filed for relief, asserting the Vanderburgh Circuit Court improperly accepted an unreliable plea.
The trial court denied Hooker’s PCR request, so he appealed that decision as clearly erroneous. But a split Indiana Court of Appeals panel concluded otherwise in David Hooker v. State of Indiana,18A-PC-2318.
The majority concluded that Hooker’s equivocation at his guilty plea hearing did not amount to a denial of breaking into the residence, noting that he said nothing of which amounted to an actual denial of breaking.
“While it is well-established that ‘[w]alking through an open door does not constitute a ‘breaking’ as such element is known in the crime of burglary[,] … this is not what Hooker claimed to have done,†Judge Cale Bradford wrote for the majority, with Judge Elaine Brown concurring.
“Hooker admitted that he had to ‘squeeze’ through an opening to enter the residence, and ‘[a] ‘breaking’ is established when even the slightest force is used to gain unauthorized entry[.],’†Bradford continued. “At most, Hooker indicated that he did not have to push the door open, which still does not take him where he needs to go. Even if we assume that the partially-open door did not move at all when Hooker squeezed through it, force was nonetheless used.â€
The majority additionally noted Hooker’s multiple admissions of guilt during the hearing and his failure to deny committing actions that qualified as breaking. Thus, in finding that the trial court did not accept the guilty plea while Hooker was simultaneously maintaining his innocence, the appellate court found Hooker failed to establish the judgment was clearly erroneous.
But Judge L. Mark Bailey dissented from the majority, arguing that the minority minimized Hooker’s statements regarding his assertion that he “moved by†or “squeez[ed] through†a propped-open door.
“It seems the majority is faulting Hooker for imprecision — in that ‘squeezing’ through a doorway could have involved some force against the door or the frame,†Bailey opined in his dissent. “Thus, according to the majority, Hooker never really disputed any element. Yet, Indiana law holds trial courts — not defendants — accountable for scrutinizing guilty pleas prior to acceptance.â€
Bailey further noted it was not Hooker’s responsibility to clarify his own equivocation, and that any uncertainty regarding Hooker’s definition of squeezing by the door could have clarified by the trial court or at subsequent hearings.
“Under these circumstances, the plea was unreliable as a matter of law,†Bailey wrote. “I would therefore conclude that the post-conviction court clearly erred in denying relief.â€