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Public Law Monitor

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Annexation and Redevelopment Commissions Again Under Fire

Crawfordsville Senator Phil Boots filed an aggressive anti-annexation bill that has several damaging provisions aimed at curbing what little annexation authority remains, including voiding annexation waivers, and eliminating future annexation settlement agreements. The bill, SB 94, has not been scheduled for a hearing in the Senate Local Government Committee, where Kokomo’s Jim Buck remains as Chairman. 

A separate bill from previous sessions regarding redevelopment commissions emerged once again. In HB 1166, Rep. Tony Cook of Cicero seeks to force local redevelopment commissions to convert their current school board member from a non-voting to a voting member. The bill has been assigned to the House Government and Regulatory Reform Committee where it hasn’t yet been scheduled for a hearing.

An Early Look at Federal Labor and Employment Law Developments in 2019

Since we just turned the page on 2018, Jackson Kelly labor and employment attorney Mark Dellinger focuses on what labor and employment law developments may be in store for employers in 2019.  Click here for highlights of several labor and employment regulatory and case law developments that may come to fruition this year.

Aim’s Government Efficiency Bill Moves Forward

Aim’s government efficiency bill, authored by Rep. Mike Karickhoff of Kokomo, contains six different measures that will make operating city and town government easier and more efficient for municipal officials and taxpayers. HB 1116 allows executive sessions for selling property, removes partisan affiliation requirements on local boards and commissions, eliminates residency requirements for city attorneys, allows locals to use electronic bidding processes, allows more flexibility in determining note repayment dates, and allows fiscal officers to appropriate funds received for damaged property. A summary of each provision can be found here. 

Local Public Question

Sen. Blake Doriot of Syracuse introduced SB 246 that would require local public questions to appear on the ballot only in general elections or during municipal general elections where the impact of the question is entirely within the municipality. The bill has received its first reading in the Committee on Elections.

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Autumn Dey Barrett: Domestic battery (Level 6 Felony)

Austin D. Goodwin: Possession of methamphetamine (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony), Possession of marijuana (Class B misdemeanor), Possession of paraphernalia (Class C misdemeanor)

James Edward Banks Jr.: Resisting law enforcement (Level 5 Felony), Carrying a handgun without a license (Level 5 Felony), Reckless driving (Class C misdemeanor), Reckless driving (Class C misdemeanor)

William Harold Rhodes: Invasion of privacy (Level 6 Felony), Domestic battery (Class A misdemeanor)

Ashley Dianne Keach: Auto theft (Level 6 Felony), Possession of methamphetamine (Level 6 Felony)

Jesse Anthony Heckman: Auto theft (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)

Otis Odell Leak Jr.: Operating a vehicle as an habitual traffic violator (Level 6 Felony)

Johnny Wesley Robertson Jr.: Possession of a synthetic drug or synthetic drug lookalike substance (Level 6 Felony)

Roy Dale Storey: Domestic battery (Level 5 Felony)

Michael Joe Alexander: Domestic battery (Level 6 Felony)

Kelvin Dewayne Easley Jr.: Domestic battery resulting in bodily injury to a pregnant woman (Level 5 Felony), Domestic battery (Level 6 Felony)

Christopher M. Norfleet: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony), Possession of marijuana (Class A misdemeanor)

Matthew Allen Robertson: Dealing in methamphetamine (Level 2 Felony), Dealing in methamphetamine (Level 2 Felony), Possession of methamphetamine (Level 3 Felony), Carrying a handgun without a license (Level 5 Felony)

Joshua Brent Waters: Possession of methamphetamine (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony)

Rush, Goff publish dissent on poverty as probation violation

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Katie Stancombe for www.theindianalawyer.com

A split Indiana Supreme Court denied a petition to transfer a homeless man’s probation violation appeal, with two justices writing in a published dissent that the litigant was an indigent man incarcerated for probation violations that resulted from his poverty, not his intentions.

Chief Justice Loretta Rush and Justice Christopher Goff both dissented from the majority’s denial of Timothy D. Martin v. State of Indiana, 29A04-1712-CR-02992 in a Tuesday order. Timothy Martin was convicted of three counts of child molestation and served 14 years in the Department of Correction before being released on probation, which included special conditions related to his status as an adult sex offender.

Nine months after his release, Martin admitted to violating probation when he failed to provide written verification demonstrating his completion of required evaluations and programs. Martin then successfully completed an additional two years in the DOC while simultaneously working at a fast-food restaurant. He owed more than $3,500 in court fees, had no driver’s license and was homeless. Martin eventually lost his job for lack of ability to pay for transportation, and he was ordered in violation of failing to pay for and attend four required sex offender counseling sessions. The state further claimed he owed more than $300 for the counseling.

Although he later obtained a new job and reliable transportation to attend work and his counseling sessions, a trial court denied Martin’s request to remain on probation and ordered him to serve the remaining four years of his previously suspended sentence at the DOC.

“Are additional procedural safeguards necessary to ensure that indigent Hoosiers aren’t incarcerated for probation violations that result simply from their poverty? Yes — and it’s imperative that this Court explicitly establish those protections. Today, however, this Court declines to do so, and I thus respectfully dissent from the denial of transfer,” the chief justice wrote.

“The trial court premised its revocation decision on Martin’s failure to participate in counseling. But Martin could participate in counseling only if he paid the fees for it — and payment was an explicit requirement listed within his probation conditions,” Rush wrote in dissenting from the majority. “Martin’s unequivocal position was that he could not restart counseling until he had enough money for those fees. So, it seems the trial court may have incarcerated Martin simply because he couldn’t meet a probation condition ‘that impose[d] financial obligations’ on him.”

Rush noted that the record was unclear as to whether the trial court believed Martin did, in fact, have financial resources to pay for counseling or, if not, whether an alternative to incarceration was inadequate.

“To be sure, this incomplete record hinders our appellate review,” she wrote. “… Despite relying on others for transportation to and from his job at Wendy’s, he was able to maintain employment for a time while looking for a long-term place to live. But by moving to escape homelessness, Martin lost his job and had no money to pay for his counseling sessions.”

“This is not to say that Martin’s probation conditions were unfair, or that the State was wrong in filing an information of violation. But Section 35-38-2-3(g) and (Bearden v. Georgia, 461 U.S. (1983)) protect against revoking probation simply because an indigent defendant can’t meet a condition’s imposed financial obligation,” Rush continued. “In cases that implicate both Section 35-38-2-3(g) and Bearden, as here, limited additional findings are the appropriate procedural safeguards to ensure that indigent defendants don’t end up incarcerated just because they’re poor.”

In an Indiana Court of Appeals decision, Judge Margret G. Robb similarly dissented from the appellate majority, arguing in a 15-page dissent in a memorandum decision that Martin’s case qualified under Indiana Code section 35-38-2-3(g). https://public.courts.in.gov/Docket/Document/GetOdysseyDocument?DocumentID=Y-lg6X_-6_AcaBg5p44FKgrshmd-nF8itmfgu4-x5l41

Gov. Holcomb Public Schedule for January 17 and 18

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Below find Gov. Eric J. Holcomb’s public schedule for January 17 and 18, 2019.

 

Thursday, January 17: Airport Announcement

WHO:              Gov. Holcomb

 

WHAT:            The governor will give remarks.

 

WHEN:            9 a.m., Thursday, January 17

 

WHERE:          Indianapolis International Airport
Civic Plaza (food court before security)

7800 Col. H. Weir Cook Memorial Dr.

Indianapolis, IN 46241

 

Friday, January 18: Basketball Day in Indiana

WHO:              Gov. Holcomb

 

WHAT:            The governor will give remarks.

 

WHEN:            9:30 a.m., Friday, January 18

 

WHERE:          Bankers Life Fieldhouse
Entry Pavilion

125 S. Pennsylvania St.

Indianapolis, IN 46204

 

 

 

HOT JOBS IN EVANSVILLE

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General Manager (GM)
ReBath Indiana, LLC 4 reviews – Evansville, IN
General Manager at Re-Bath About You: You enjoy rising to meet challenges, and have been called independent and self-confident. You connect easily with…
Easily apply
Jan 4
Title I Tutor
Evansville Vanderburgh School Corporation 44 reviews – Evansville, IN
2018-19 Closing Date: Open Until Filled EVSC is committed to its vision and mission to become the highest performing urban school district in the country….
Dec 17
Retail Personal Banker Associate I
Fifth Third Bank 1,853 reviews – Evansville, IN
Consumer household and small business customers and/or cross-sell to established customers. Ability to professionally represent Fifth Third Bank in terms of…
Dec 19
Office Coordinator
Thomas Companies of Evansville – Evansville, IN
An analytical mind and interest in using data to optimize/scale blog marketing strategies and tactics. Ability to work as a team across multiple departments….
Dec 21
Office Clerk
Evansville State Hospital 25 reviews – Evansville, IN
High School diploma or GED preferred. The Secretary 4 position provides clerical and administrative services to the staff Supervisors and Director of the…
Easily apply
Jan 2
General Ledger Analyst
RC Beverage – Evansville, IN
As an General Ledger Analyst, you will be responsible for growing and sustaining our business primarily through handling collections and receivables of clients…
Easily apply
Dec 19
Police Officer
City of Henderson Kentucky – Henderson, KY
Supplemented by little or no previous experience or training; Must be at least 21-years of age. YOU MUST SUBMIT A CITY OF HENDERSON POLICE OFFICER APPLICATION…
Easily apply
Dec 17
welders
Thompson International, Inc – Henderson, KY
Full time welder needed in manufacturing plant. High School diploma required. Must have prior welding experience. Must be dependable. Pay depends on…
Easily apply
Dec 26
Full Time Delivery Driver
MAK Logistics Corp. – Evansville, IN
*WE NOW HAVE A ENTRY LEVEL DRIVER PROGRAM, 0 COMMERCIAL DRIVING EXPERIENCE REQUIRED FOR ELDP. THIS IS THE PERFECT OPPORTUNITY TO GET YOUR FOOT IN THE DOOR OF…
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Dec 17
Office Assistant
Alpha Organics, Inc. – Evansville, IN
Small Business looking to hire someone with high level of integrity and a good attitude to assist current and potential customers by answering questions,…
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Dec 19
General Manager
PSC Industries 11 reviews – Evansville, IN
8+ years management experience in a manufacturing environment. The General Manager will be working for a Progressive and Growing Manufacturing Organization….
Easily apply
Jan 4
Deputy Jailer/Correctional Officer
Henderson County Detention Center – Henderson, KY
Drug screen ($20 to be pd by applicant) & Physical (pd by applicant). Vocal communication is required for expressing or exchanging ideas by means of the spoken…
Easily apply
Dec 6
Medical Records Specialist II
Deaconess Health System 53 reviews – Evansville, IN
Associate degree in Health Information Technology or related field, with certification as RHlT from AHIMA. Responsible for physician chart completion activities…
Jan 3
Family Case Manager
Indiana Department of Child Services 118 reviews – Evansville, IN
Bachelor’s degree from an accredited college/university required. _Please note the increased salary below for Family Case Manager positions that recently went…
Easily apply
Dec 20
Human Resource Assistant-Evansville, IN
United Fidelity Bank 5 reviews – Evansville, IN
The position will assistant the VP of Human Resources with policies, programs and practices of the bank. Duties include but are not limited to: processing…
Jan 2
Administrative Assistant
WB•Koester Construction – Evansville, IN
WB•Koester Construction, a heavy/civil excavation construction company located in Evansville, IN, is currently seeking a high-level full time Administrative…
Easily apply
Dec 17
Surveillance Operator
Tropicana Entertainment 72 reviews – Evansville, IN
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. Proactively safeguards and protects company assets…
Dec 17
Customer Service Representative
DCI Cleaner – Evansville, IN
Customer Service Representative needed for multiple Don’s/Claytons cleaners in the Evansville and Newburgh areas. Job duties include but are not limited to…
Easily apply
Jan 3
Photographer
Inter-State Studio & Publishing Co. 31 reviews – Evansville, IN
1 to 2 years proven work experience. FUN, EXCITING and REWARDING Seasonal/Part Time School Photographer in Evansville, IN!…
Jan 4
Adult Education Surveyor
Aha! Interpreting Solutions LLC – Evansville, IN
*THIS IS A TEMPORARY 4 WEEK CONTRACT* Upward Academy is a free and convenient, on-site classroom providing lessons on the topics most important to team…
Easily apply
Jan 2

Gov. Holcomb’s 3rd State of the State highlights teacher pay, workforce progress in 2019

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Governor Eric J. Holcomb on Tuesday delivered his 2019 State of the State address to a joint convention of the Indiana General Assembly. While maintaining his focus on five key pillars, the governor’s remarks highlighted his commitment to improving teacher pay and developing a skilled, ready workforce.

 

Full text of Governor Eric J. Holcomb’s 2019 State of the State address is attached.

 

“Making the lives of Hoosiers better today while building for the future has been – and will remain – my focus,” Gov. Holcomb said.

 

As a part of the governor’s effort to make teacher pay competitive with surrounding states, he proposed paying off a pension liability that schools currently pay. This state investment will save all local schools $140 million over the next biennium with continued savings in the years following.

 

Additionally, Gov. Holcomb announced the creation of the Next Level Teacher Pay Commission – chaired by Hoosier businessman and community leader Michael L. Smith – to identify resources that can be made available to improve teacher compensation and develop a blueprint for implementation read to act on by the 2021 legislative session.

 

“Once again, Indiana will show the way we solve challenging issues: together,” Gov. Holcomb said.

 

Gov. Holcomb also celebrated accomplishments and focused on next steps for each of the five pillars outlined in his Next Level Agenda.

 

  1. Cultivate a strong and diverse economy: Operate within an honestly balanced budget, protect our Triple-A credit rating, and keep 11 percent in reserves.
  2. Maintain and build the state’s infrastructure: Accelerate I-69 and regional road projects, invest in broadband, and make Indianapolis the Midwest destination for international flights.
  3. Develop a 21st century skilled and ready workforce: Ensure all Hoosiers have the tools they need to find meaningful work and careers. Expand the Next Level Jobs initiative and help more high school students earn postsecondary credentials before they graduate.
  4. Strengthen public health and attack the drug epidemic: Adopt recommendations from 2018 school safety report, implement Child Welfare Policy and Practice Group’s recommendations, and improve access to quality treatment, expand recovery housing and provide better services for pregnant women who are substance dependent.
  5. Deliver great government service: Modernize state government to better serve citizens and businesses, which includes passing bias crimes legislation.

 

Each year, Indiana’s governor addresses both houses of the state legislature, the state’s Supreme Court Justices, and other state leaders at the beginning of the legislative session in the State of the State Address. It provides an opportunity for the governor to report on the status quo of the state’s affairs, highlight key accomplishments of the past year, and outline key priorities for the year ahead.

 

Eagles Head West For A Pair USI Travels To Rockhurst, William Jewell

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University of Southern Indiana Men’s Basketball makes its longest road trip of the season when it travels to Kansas City, Missouri, for a pair of GLVC contests. The Screaming Eagles (11-4, 3-2 GLVC) are slated to visit Rockhurst University (10-5, 4-1 GLVC) Thursday at 7:30 p.m. in Kansas City, Missouri, and William Jewell College (8-9, 2-3 GLVC) Saturday at 3 p.m. in Liberty, Missouri.

Game coverage for all of USI’s GLVC games, including live stats, the GLVCSN, and audio broadcasts, is available at GoUSIEagles.com. The games also can be heard on ESPN97.7FM and 95.7FM The Spin.

EPD ACTIVITY REPORT

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EPD REPORT

VANDERBURGH COUNTY RECENT BOOKING RECORDS

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

“IS IT TRUE” JANUARY 16, 2019

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We hope that today’s “IS IT TRUE” 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?

IS IT TRUE recently it was reported in the City County Observer that the downtown Evansville Doubletree Hotel that was paid for with taxpayer dollars footing more than half of the cost needs to reduce it’s room rate to closer to $90 to be competitive with other hotels in greater Evansville?…in an online search for the going rate that include Expedia, Priceline, Hotels, Booking, Hotwire, Travelocity and many other travel websites, the going rate at the Doubletree is exactly $95?…this is competitive but is a far cry from the $125 per night average touted in the pro-forma that was used to sign the City Council up to subsidize the place? …this $30 decrease (25%) could mean that the demand for downtown Evansville room nights is not what people deluded themselves into believing?…it could also mean that the time is coming when the operator will be coming back to the well for more subsidies to keep the doors open?

IS IT TRUE the other number that needs to be investigated is the occupancy rate that was touted at 65% in the beginning phase of the project?…it is believed that the occupancy rate is actually slightly below 60% just like most other Evansville hotels?…this double whammy of price contraction and occupancy underage adds up to a 30% revenue shortfall when compared to the best laid plans of developers and politicians?…that is much better than the financial performance of the Ford Center and the hockey team but we hope its not a warning that the owners will be back with their hat in their hand at some point?…in a transparent city, the real performance numbers for capital projects put into place by past and current city administrations need to be made public?

IS IT TRUE we are pleased to announce that a new online publication, the City-County Banner, will be launching sometime during February, 2019? …The City-County Banner will service Orange and Dubois counties, specifically focusing on the cities of Jasper, Huntingburg, French Lick, and Paoli?  …the City-County Observer will be a media partner with the City-County Banner and both papers will be operating as corridor newspapers?  …this publishing partnership between the City County Observer and the City-County Banner will provide articles and advertisements published in both papers to readers in cities stretching from Paoli to Evansville?

IS IT TRUE that the not-for-profit ‘Funk In The City’ was founded in 2005? …in 2008 Ashley Vezzoso Schaefer became the President/CEO of this organization? …that since 2008 Mrs. Schaefer has organized many worthy cultural and social events on behalf of “Funk In The City” in the Haynie Corner Arts District? …in 2018, Ashley Vezzoso Schaefer created a Board Of Directors to help guide and spearheaded future social and curtail events in the Haynie Corner Arts District? …we are told that the new Board of Directors of “Funk In The City” are an impressive group? ….we are told in the coming weeks the new Board of Directors will do a casual review of the “Funk In The City” financial records to make sure everything is in order? …once this task is completed the Board Of Directors will be focusing on planning  future fundraising events for this worthy charitable organization? …we congratulate “Funk IN The City” for sponsoring a “Toys For Kids Christmas” party for disadvantage kids living in  the Center City area?

IS IT TRUE we would like to congratulate State Rep. Ryan Hatfield (D-Evansville) for being selected as a member of Indiana House leadership? …that Mr. Hatfield will serve as Assistant House Democratic Floor Leader for the 2019-2020 sessions of the Indiana General Assembly?

IS IT TRUE that it is now known that the City of Evansville had eleven murders in 2018 which is down 45% from the record setting 20 murders in 2017?…this slowdown in murders is encouraging but the eleven murders are still historically high for Evansville and the 2017 rate was double the murder rate of the United States at just under 10 for each 100,000 people? …its not known why 2017 ran off the rails with murder? … but we must point out the 2018 figure is a is 45% improvement over the 2017 rate?

IS IT TRUE we congratulate local attorney Josh Claybourn for being elevated by Jackson Kelly PLLC?  …Josh is also the city attorney for the Evansville City Council?

IS IT TRUE that we are told that a candidate for the Evansville City Council will demand that the results of the Forensic Audit and the EPD criminal investigation of ECHO HOUSING Corp. be immediately be made public?

IS IT TRUE its been alleged by reliable sources that several city employees were given questionable overtime pay?

IS IT TRUE that its been alleged when the IU Medical school project was finished Mayor Winnecke allowed the $59 million dollars (Evansville taxpayers funded) IU Medical school building to be turned over to an out of town investor without trying to recouping some of the $59 million of dollars tax dollars paid to build this building?
IS IT TRUE we hear that a candidate will request that information concerning how much money did the City of Evansville give to select businesses in “Facade Grants”?  …we are told that he would also like to know who received this grant money, what was the criteria to award these grants and who were the individuals and businesses that received the grants?
Todays“Readers Poll” question is: Who was the most effective Mayor of Evansville?
Please go to our link of our media partner Channel 44 News located in the upper right-hand corner of the City-County Observer so you can get the up-to-date news, weather, and sports.
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Footnote: City-County Observer Comment Policy. Be kind to people. No personal attacks or harassment will not be tolerated and shall be removed from our site.
We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language, insults against commenters will not be tolerated and will be removed from our site.
Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.

 

 

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