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AG Curtis Hill leads 12-state brief seeking dismissal of latest federal lawsuit targeting fossil-fuel corporations

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Attorney General Curtis Hill announced today that he is leading a 12-state coalition seeking the dismissal of a federal lawsuit filed by King County, Washington, against five fossil-fuel companies. The lawsuit claims the companies have violated “common law” by contributing to global warming – which, the plaintiffs claim, constitutes a “public nuisance” and “trespass.”

In his amicus (friend-of-the-court) brief, Attorney General Hill states that the Clean Air Act – and the Environmental Protection Agency’s corresponding enforcement authority – supersedes federal common law nuisance claims pertaining to emissions. In addition, he cites the separation of powers doctrine, stating that courts should exercise restraint in matters best left to the executive and legislative branches of government.

“Municipal governments cannot dictate national energy policy or curb economic activity that occurs outside their jurisdictional boundaries,” Attorney General Hill said. “Everyone believes we should take care of the planet and exercise wise stewardship of natural resources, but we can pursue these important priorities while also respecting the rule of law and supporting a robust economy. We must protect the principles of federalism in cases such as this one.”

King County, Washington, is home to the city of Seattle. In recent months, Indiana has prevailed in seeking the dismissal of two lawsuits similar to this one involving actions brought against fossil-fuel companies by municipalities in the states of California and New York.

JUST IN: PROPOSED AMENDMENTS TO THE 2019 CITY BUDGET BY MEMBERS OF THE EVANSVILLE CITY COUNCIL

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This memo was just sent to members of the Evansville City Council by their Legal Counsel, Joshua Claybourn.
DEAR CITY COUNCIL MEMBERS;
I’ve attached all of the budget amendments that I’ve received so far and had a brief summary below.  Please review any that you are sponsoring as soon as possible in order to let me know if you have any changes.
  1. Amendment 1 (Weaver): This amendment calls for a $3 million cut from the budget to line items designated and specified by the administration. If this amendment passes, the Council tables final passage of a budget until October 22nd in order to allow the administration to identify and propose its specific cuts.
  1. Amendment 2 (McGinn & Elpers): This proposes cutting the City’s $130,000 contract with New Hope for a Highway 41 bus service.
  1. Amendment 3 (McGinn): This proposes reducing the grant to the Affordable Housing Trust Fund from $500,000 to $100,000.
  1. Amendment 4 (Adams): This holds in abeyance the grant to the Affordable Housing Trust Fund allocation from $500,000 to $0 until City Council has received the Affordable Housing Trust Fund’s first two quarterly financial reports in 2019 for review and approval. After such approval, the City Council will entertain a new appropriation of $500,000 for the Fund.
  1. Amendment 5 (McGinn & Elpers): This proposes cutting all non-profit grants by 25% except for I-69 Bridgelink and UNOE.
  1. Amendment 5A (Mercer): This proposes cutting all non-profit grants by 25% except for I-69 Bridgelink, UNOE, Leadership Evansville, and SWIRCA.
  1. Amendment 6 (Elpers): This amendment reduces the City’s contribution to employee health insurance premiums by $10.00 per month ($120 per year) for each employee, which will have the effect of requiring employees to increase their share of health insurance premiums by $10.00 per month ($120 per year). This would not apply to Teamsters since they are on their own health insurance plan.

CITY OF EVANSVILLE TO STOP PAYING BILLS UNLESS IT’S AN EMERGENCY

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The attached memo was circulated to over 50 people associated with City Government but not to members to the Evansville City Council. We were told by reliable sources that today at noon the At-Large City Councilman Jonathan Weaver and Chairman of the Finance Committee will be filing an amendment to proposed 2019 city budget.  The amendment requests to be filed by Mr. Weaver will demand that  Mayor Winnecke cut his proposed 2019 City Budget by $3 million dollars. 

We have been saying during the last several years that the City of Evansville is spending beyond their means.  All we heard from the Mayor and Controller offices was crickets.  We hope that this memo we prove our claim that the City of Evansville financial condition is extremely questionable. This is definitely a developing story.

COPY OF THE MEMO WAS SENT TO OVER 50 PEOPLE ASSOCIATED WITH CITY GOVERNMENT BY CITY CONTROLLER RUSS LLOYD JR., CPA.

Effective Thursday, September 27th, the following steps will be implemented:

  1. Any current open full-time positions should remain open until Jan. 1, 2019
  2. Travel not previously scheduled will NOT be approved
  3. Office Supply purchases will NOT be approved unless it is an emergency
  4. The Purchasing Department will review all outstanding unfilled Purchase Orders (POs) for potential closure
  5. Purchases using blanket purchase orders will no longer be approved.  Invoices dated up to 09/27/18 will be paid on existing purchase orders.  Any emergency purchases should be entered on a new requisition.  The actual item required for purchase must be listed on the requisition.

Thank you for your cooperation.

Russell Lloyd, Controller

FOOTNOTE: It looks like former City Council President and Finance Chairman John Friends, CPA predictions that the City Of Evansville deficit spending habits could start catching up with them in the 2018 and 209 budgets years may be spot on. 

 

 

“READERS FORUM” OCTOBER 4, 2018

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We hope that today’s “READERS FORUM” 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? WHATS ON YOUR MIND TODAY? 

WHATS ON YOUR MIND TODAY?

Todays“Readers Poll” question is Do you feel that Judge Brett Kavanaugh FBI investigation will clear him of any wrongdoing?

If you would like to advertise on the CCO please contact us City-CountyObserver@live.com

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.

 

ETA Recommended Candidates for School Board

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The Local Political Action Committee 20 (LPAC 20), the political action arm of District Council 20 of which the Evansville Teachers Association (ETA) is a member of, proudly announces its recommendations for all four of the EVSC Board of School Trustee positions open this year.

In the At-Large race, LPAC 20 and ETA recommend David Hollingsworth. In the District 1 race, LPAC 20 and ETA recommend Jean Webb.

In the District 2 race (2 positions up for election), LPAC 20 and ETA recommend Ann Ennis and incumbent, Andy Guarino.

In making its decisions, LPAC 20 and ETA looked at answers provided by the candidates in response to a questionnaire sent out earlier, results of face-to- face interviews between the ETA officers and the candidates, and past performance (for incumbents). We believe that each candidate brings something different to the table as a potential school board member.

LPAC 20 and ETA feel strongly that leaders be in place to continue to move the Evansville Vanderburgh School Corporation forward. In order for this to occur, the above candidates must be elected to the EVSC Board of School Trustees. LPAC 20 and ETA feel that the recommended candidates are up to the challenge!

 

Evansville Airport Won’t Eliminate Three Safety Department Positions

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Evansville Airport Won’t Eliminate Three Safety Department Positions

The Vanderburgh County Commission has decided not to eliminate the three positions from the Evansville Vanderburgh Fire Station at Evansville Regional Airport.

Initially, the airport was planning to cut three positions out of the safety department.

After receiving feedback from the public and the Mayor’s office, County Commissioners voted not to eliminate those positions for now.

The airport will have a chance to resubmit a request to eliminate those positions, though county officials believe the airport will have the necessary funding to pay for all 15 safety positions.

 

Indiana Law Professors Sign Letters Opposing Kavanaugh Confirmation

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Indiana Law Professors Sign Letters Opposing Kavanaugh Confirmation

October 3, 2018

Law professors from all four of Indiana’s law schools have signed letters asking the United States Senate to oppose the confirmation of Brett Kavanaugh to the U.S. Supreme Court. One letter argues Kavanaugh lacks the temperament to be seated on the nation’s highest court, while the other asserts he was not fully vetted and that his judgments would erode civil and individual rights.

Professors from Indiana University Maurer and Robert H. McKinney schools of law, Notre Dame Law School and Valparaiso University Law School have signed on to at least one of the letters.

As of Wednesday afternoon, the letter questioning Kavanaugh’s temperament had garnered signatures from more than 900 law professors from about 150 law schools. The letter remains open for additional signatures, and its sponsors said it will be delivered to the Senate on Thursday. Senate Majority Leader Mitch McConnell has pledged a full Senate vote on the embattled nominee this week.

During his appearance before the Senate Judiciary Committee last week to respond to accusations of sexual assault by Christine Blasey Ford while both were in high school, “Brett Kavanaugh displayed a lack of judicial temperament that would be disqualifying for any court, and certainly for elevation to the highest court of this land,” one letter says.

The letter says that while the question at issue was painful, Kavanaugh “exhibited a lack of commitment to judicious inquiry. Instead of being open to the necessary search for accuracy, Judge Kavanaugh was aggressive with questioners. … Instead of trying to sort out with reason and care the allegations that were raised, Judge Kavanaugh responded in an intemperate, inflammatory and partial manner, as he interrupted and, at times, was discourteous to questioners.”

As of the last posted update late Tuesday, these Indiana law professors had signed the letter: Cynthia Adams, Shawn Marie Boyne, James Dmitri, Max Huffman, Xuan-Thao Nguyen, and Florence Wagman Roisman, IU McKinney; Pamela Foohey, IU Maurer; and Laura Dooley, Valparaiso.

“We have differing views about the other qualifications of Judge Kavanaugh,” the letter says. “But we are united, as professors of law and scholars of judicial institutions, in believing that Judge Kavanaugh did not display the impartiality and judicial temperament requisite to sit on the highest court of our land.”

Meanwhile, another letter bearing signatures from faculty at all four Indiana law schools urges the Senate to vote against Kavanaugh because of his prior rulings and the available record, which professors said “is only partial and incomplete due to (Senate Judiciary Committee Chairman Chuck Grassley’s) decision not to requisition all relevant material from the National Archives.” That includes records from Kavanaugh’s tenure in the George W. Bush administration.

More than 500 professors signed this letter, including these from Indiana: Kevin Brown, H. Timothy Lovelace, Jr., Alex Tanford and Deborah Widiss, IU Maurer; Adams, Jennifer Drobac, Frank Emmert, Aila Hoss, Richard Humphrey, Norman Leftstein, Eleanor D. Kinney, Fran Quigley and Wagman Roisman, IU McKinney; Joseph Bauer and Jimmy Gurule, Notre Dame Law School; and Rosalie Berger Levinson from Valparaiso.

The professors said Kavanaugh’s judicial philosophy and history suggest he would shield the president from the rule of law, undermine affordable health care, overturn or gut Roe v. Wade and put corporate interests ahead of the rights of people, among other things.

“The key question facing the Senate and American people with this nomination is whether to allow the Court to continue on its present course of eroding key constitutional rights and legal protections for decades, or insist on a nominee sensitive to equal rights, social justice, and to the needs of contemporary society,” the letter says. “The stakes in this nomination debate could not be higher.”

DEMOCRATIC CALENDAR

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MONDAY Post Card Writing with Edie Hardcastle
October 8 11:30 to 1:30
Lamasco Bar and Grill
1331 W. Franklin
PIZZA
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MONDAY
October 8 City Council Meeting Civic Center Rm 301
5:30
WEDNESDAY
OCT 10
HRC Dinner
FRIDAY
October 12
Shoulders Golf Scramble
OCTOBER 9
LAST DAY OF VOTER REGISTRATION!!
7:00 PM Old National Events Plaza
$35.00
Guest Speaker Dolores Huerta
Helfrich Hills
7:00AM Registration
8:00 AM Shotgun Start
9 holes or 18
$100.00 individual
$500.00 for foursome w/ hole sponsor
contact Rob Henson
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BE APART OF THE SOLUTION!!!
VOTE and VOLUNTEER and CONTRIBUTE to your Vanderburgh County Democratic Party!