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“READERS FORUM” AUGUST 8, 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?

Todays“Readers Poll” question is: Do you feel that the race between Mike Braun (R) and the United States Senator Joe Donelly (D) will be a political barn burner?

Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS”.  You now are able to subscribe to get the CCO daily.

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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.

Settlement Reached In Ivy Tech Community College Title VII Case

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Settlement Reached In Ivy Tech Community College Title VII Case

Marilyn Odendahl for www.theindianalawyer.com

Kimberly Hively, the adjunct math professor whose employment discrimination complaint changed Title VII law in the 7th Circuit, has settled with her former employer, Ivy Tech Community College. But the issue of whether the Civil Rights Act provision extends to sexual orientation continues to roil in other judicial districts and may yet be examined by the U.S. Supreme Court.

The parties in Hively v. Ivy Tech, 3:14-cv-1791, filed a joint mediation summary statement Aug. 1 in the U.S. District Court for the Northern District of Indiana, announcing the settlement. Terms of the agreement were not released.

Attorneys for Hively and Ivy Tech did not return calls for comment by IL deadline. Ivy Tech only confirmed a settlement had been reached.

On Aug. 3, 2014, Hively represented herself and filed a handwritten complaint in federal court against Ivy Tech. She claimed during her 14 years of teaching at the community college, she had been repeatedly denied full-time employment and promotions because of her sexual orientation in violation of Title VII of the Civil Rights Act of 1964.

Hively sought monetary damages of $1.7 million to cover the full-time pay, benefits and pension amounts she lost, plus interest.

After the district court dismissed her case, ruling Title VII does not recognize sexual orientation as a protected class, Hively turned to the 7th Circuit Court of Appeals. There she was represented by Gregory Nevins, attorney and workplace fairness program strategist for Lambda Legal.

The three-judge panel affirmed the district court’s ruling in Hively. However, Judge Ilana Rovner wrote an extensive opinion for the majority, dissecting the simmering confusionin the federal courts over the reach of Title VII. Inspired, Hively filed for rehearing and in a landmark decision issued April 4, 2017, the majority of the 7th Circuit found the Civil Rights Act protection does prohibit discrimination based on sexual orientation.

About a year later, the 2nd Circuit agreed. In Zarda v. Altitude Express, Inc., 15-3775, the New York-based appellate court also held an en banc hearing, and a 10-judge majority concluded sexual orientation discrimination is a subset of sex discrimination.

But a split in the circuit courts was opened when an 11th Circuit panel maintained Title VII did not extend to sexual orientation in Jameka K. Evans v. Georgia Regional Hospital, et al., 15-15234. Lambda Legal, who was representing Evans, filed a petition for a writ of certiorari with the U.S. Supreme Court in September 2017. The justices denied the petition in December 2017.

Even so, the issue is not settled. Another circuit court is facing the same Title VII question and another petition is before the U.S. Supreme Court. On May 29, 2018, Altitude Express filed a writ of certiorari asking the nine Supreme Court justices to decide whether Title VII covers sexual orientation.

Also, a new case is on the docket in the 8th Circuit Court of Appeals. Mark Horton claims Midwest Geriatric Management LLC violated Title VII by discriminating against him when it rescinded a job offer after learning he was gay.

The case, Horton v. Midwest Geriatric Management, 18-1104, was appealed after the U.S. District Court for the Eastern District of Missouri dismissed Horton’s claim. Amicus briefs have been filed by The Becket Fund for Religious Liberty and jointly by eight states, but no date for oral arguments has been scheduled.

Donnelly Outlines Efforts To Slow Indiana’s Opioid Epidemic In Summer Campaign Tour

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Donnelly Outlines Efforts To Slow Indiana’s Opioid Epidemic In Summer Campaign Tour

By Erica Irish
TheStatehouseFile.com

INDIANAPOLIS — Sen. Joe Donnelly’s summer campaign tour made a stop at the Indianapolis Central Library Tuesday, armed with praises from three leaders in Marion County law enforcement and a track record aimed at slowing the spread of opioid addiction in the state.

It was the fifth day of Donnelly’s seven-day summer tour, during which he previously made appearances at manufacturing plants, restaurants and other venues to meet with constituents.

 

Donnelly, alongside Marion County Prosecutor Terry Curry, Marion County Sheriff John Layton and Marion County sheriff candidate Kerry Forestal, touted past and current efforts to mitigate the destruction swelling from Indiana’s ongoing struggle with opioids. That battle has resulted in a 500 percent increase in opioid-poisoning deaths since 1999, according to a state report.

He pointed to a 2016 measure that classified both Marion and LaPorte counties as High-Intensity Drug Trafficking Areas (HIDTA) under the Office of National Drug Control Policy. That designation provided $500,000 in federal assistance to Marion County alone, officials said.

This year the senator secured a 10 percent increase for the state’s HIDTA program.

“We need to make sure that the folks behind me have the resources they need to make every corner and every part of our city safe. That’s the goal,” Donnelly said. “That every family have a chance to sit in their front yard to relax, to enjoy their neighborhood and to feel safe.”

While Donnelly’s stage partners offered their support to the initiatives, Layton said that the funding can only go so far.

HIDTA dollars have been streamlined into two main areas, Marion County officials said — vans outfitted with undercover surveillance technology and additional overtime pay for county investigators.

“A surveillance vehicle with all of the equipment it has can be quite expensive on its own,” Layton said, calling the vans a “pretty good chunk” of the HIDTA budget.

 

And the problem becomes more complex when examining overtime pay, which is often difficult to measure under the pressure and odd hours warranted by an investigation.

“There’s no time clock, and you have to stay with the investigation. Otherwise you could lose everything you’ve worked for during that day or that whole week,” Layton said. “It’s for that reason the overtime pay is so necessary to keep undercover officers on the job, and that takes up quite a bit of the funding. But it’s essential to have the overtime.”

Layton said the Marion County Sherriff’s office employs seven investigators in its gang unit and three crime analysts, who are tasked with intelligence gathering from sources like social media. The Indianapolis Metropolitan Police Department manages other officers eligible for HIDTA overtime pay, though the exact number is unclear.

Beyond HIDTA, Donnelly also emphasized his role in the Comprehensive Addiction and Recovery Act (CARA), which was signed into law in 2016. It called on experts to refine best practices for pain management, spread awareness of the dangers of opioid addiction and equipped EMS teams with the ability to connect overdose victims who receive naloxone with long-term treatment.

The senator said he will continue to work with Sens. Lisa Murkowski, R-Alaska and Maggie Hassan, D-New Hampshire on their proposed Substance Use Disorder Workforce Loan Repayment Act. The measure is designed to incentive students to pursue careers in substance use disorder fields by promising them up to $250,000 in student loan relief if they commit to six years of work in areas with high overdose rates or a shortage of providers.

TheStatehouseFile.com contacted Joshua Kelley, a representative for Mike Braun’s campaign, to learn more about the Republican candidate’s plans to combat the opioid crisis. He did not respond by deadline.

In any case, at the news conference, Forestal said it’s less about the campaign and partisanship and more about which candidate will commit to funding programs that save lives.

“This isn’t a political issue,” he said. “I spent five years undercover. Nobody ever asked me if I was Democrat or Republican. It’s whether you’re doing the job. You can talk about it how some people do, or you can do it like Senator Donnelly’s done.”

Erica Irish is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Editor’s note: The story was updated to correct the acronym, HIDTA, which was incorrect in an earlier version.

Indiana included in $1.1 settlement with Anchor Glass

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Indiana included in $1.1 settlement with Anchor Glass

Marilyn Odendahl for www.theindianalawer.com

Indiana will receive $275,000 as its part of a $1.1 million civil penalty against Anchor Glass Container Corp. for emitting harmful pollutants in violation of the Clean Air Act.

The U.S. Department of Justice and the U.S. Environmental Protection Agency announced a proposed settlement agreement Monday with Anchor Glass to improve compliance at its glass manufacturing facilities in six states, including a manufacturing plant in Lawrenceburg, Indiana.

As part of the agreement, the company will install pollution controls to reduce emissions of nitrogen oxide, sulfur dioxide, and particulate matter. It will also implement two environmental mitigation projects at a total cost of at least $600,000. The wood burning appliance change-out project will replace or retrofit inefficient higher-polluting wood-burning appliances in homes and non-residential buildings in select counties in Minnesota, and the clean diesel project will retrofit, replace or repower buses and other higher-polluting diesel vehicles or equipment in Jacksonville, Florida.

In addition, Anchor will pay $1.1 million as a civil penalty. The sum will be divided, with the United States receiving $550,000 and Indiana and Oklahoma receiving $275,000 each.

“Under the terms of today’s settlement, Anchor Glass Container Corporation will take steps to reduce harmful air emissions from its facilities,” said Susan Bodine, EPA’s assistant administrator of the Office of Enforcement and Compliance Assurance. “The resulting pollution reductions will mean cleaner and cleaner air for communities in six states.”

The proposed settlement, filed in the U.S. District Court for the Middle District of Florida, Jacksonville Division, is subject to a 30-day public comment period and final court approval. Information for making a comment is available here.

According to the complaint, Anchor modified its glass manufacturing furnaces or changed the method of operating the furnace without obtaining air permits or installing equipment to control emissions. At the facility in Lawrenceburg, which is home to one container glass production furnace, a larger ejector fan was installed in Furnace 2 in 2002.

The modifications brought significant net emissions increases in nitrogen oxide, sulfur dioxide, and particulate matter. These pollutants can cause respiratory problems in children and adults, especially in people with pre-existing heart or lung disease, and can contaminate the environment, having adverse impacts on air and water quality as well as global warming.

The agreement establishes a schedule for compliance at each of Anchor’s plants.

In Lawrenceburg, the plant, located at 200 W. Belleview Drive, will have to install nitrogen oxide and sulfur dioxide monitoring systems within one year from the time the court grants the consent decree. It will also have to employ the batch optimization method at the time the court grants the consent decree to reduce the sulfur dioxide and particulate matter emissions.

To further reduce nitrogen oxide emissions, the agreement also calls for Anchor to install new oxyfuel furnaces, cleaner burning machines, at its facilities. The Lawrenceburg plant would have to have the equipment by July 31, 2020. However, instead of the oxyfuel furnace, the company does have the option of installing and continuously operating a selective catalytic reduction device which would break down nitrogen oxide into nitrogen and water.

“Protecting the health and safety of Indiana residents is one of my office’s top priorities,” said Indiana Attorney General Curtis Hill. “Settlements such as this one help ensure that future generations will breathe cleaner air, and I’m grateful for the collaboration of our federal and state partners in bringing about this positive result.”

 

Otters Inviting Students And Employees To College Night Thursday, August 23

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The Evansville Otters will host College Night Thursday, August at 6:35 p.m. from Bosse Field, inviting college students and employees pack the stands for the Otters’ game against the Southern Illinois Miners.
The Otters want all fans to join the fun and show their school pride.
Those who bring their student I.D. can enter to win one of four $50 VISA gift cards, and get a free popcorn with a valid student I.D.
There will also be additional prize drawings for student groups.
Bring a minimum of 15 people and your student group will be entered to win a $100 contribution to your cause. Bring a minimum of 25 people and your group will be entered to win “Bosse Field” for use of your own event. Student group must pre-register and submit a form to be eligible to win.
For more information or to register, please contact Elspeth Urbina-Roos at 812-435-8686.
Forms can be submitted via email to Elspeth Urbina-Roos at eurbina@evansvilleotters.com.
The Otters are looking forward to having fans join the affordable, family fun this season at historic Bosse Field.

Motorists Reminded to Stop for School Buses

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Motorists Reminded to Stop for School Buses

With students heading back to school this week, Indiana State Police are reminding drivers to stop for school buses to ensure the safety of the children loading on and off.

Every year in the United States, children are injured and killed walking to and from school and while loading and/or unloading from a school bus. School buses remain the safest means of transportation for children, but ISP want motorists to do their part in making sure children can get to and from school safely.

ISP say they receive complaints on an almost daily basis from school bus drivers, parents, and concerned citizens about motorists not stopping for buses when they’re required.

School bus drivers activate the buses flashing amber/yellow lights when stopping to load or unload children. When drivers see the flashing lights, they should slow down and prepare to stop. Once the bus comes to full stop and the stop arm is extended, drivers are required to stop and not pass the school bus.

Below are examples to help motorists understand when they are required by law to stop:

  • Two-Lane Roadways, which include most state highways, county roads and most city streets
  • If a school bus stops on a two lane road and the red flashing lights are activated and the stop arm is extended, all motorists MUST stop.
  • Multi-Lane Roadways with NO Barrier between Lanes

Examples: SR 662, SR 62 between Chandler and Boonville, Covert Avenue, Morgan Avenue, SR 261 between SR 66 and Fuquay Road and North Green River Road north of Morgan Avenue.

  • When a school bus stops on a multi-lane roadway without a barrier and the red flashing lights are activated and the stop arm is extended, all motorists MUST stop.
  • Multi-Lane Roadway with a Grassy and or Concrete Barrier

Examples: US 41, Lloyd Expressway, SR 62 in Posey County, SR 66 in Warrick County between Evansville and Spencer County.

A person who disregards a school bus stop arm commits a Class A Infraction and could receive a maximum fine of $10,000.

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St. Vincent Evansville Birth Announcements For August 7, 2018

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Amanda and Chris Bowen, Henderson, KY, son, Thomas Connor, July 27

Tetiana and Maksym Shapoval, Evansville, daughter, Emily Veronica, July 28

Kaitlyn and Dakota Dillon, Evansville, son, Myles Ray, July 30

Virginia and Josh Elpers, Evansville, son, Vincent Marcellus, July 30

Shawna Cunningham and Kyle Shaffer, Huntingburg, IN, daughter, Daisy Moon Nova, July 30

Lindsay and Jason Halbig, Evansville, son, Jackson Everett, July 31

Whitney McElwee and Braiden Acton, Evansville, daughter, Eloise Mae, July 31

Stephanie and Steven Albin, Evansville, son, Garrett Taylor, Aug. 1

Erin and Derick Graber, Evansville, daughter, Alice Kaye, Aug. 1

Brandi and Paul Carnahan II, Mount Vernon, IN, daughter, Peyton Dianna Gayle, Aug. 2

Catherine and Eric Brown, Evansville, son, Ericsson Ray-Michael, Aug. 3

Jennifer and Aaron Head, Poseyville, IN, son, John Elliott, Aug. 4

Jennifer and Korey Heckel, Lamar, IN, daughter, Jody Lynn, Aug. 4

Katelyn and Keith Fischer, Evansville, son, Kason Michael, Aug. 5

 

Adopt A Pet

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Dipper is a 5-month-old male American rabbit. He’s a fairly active young bunny who loves company. He’s very mellow and will likely adapt to just about any indoor home with or without other bunnies! His $40 adoption fee includes his neuter and registered microchip. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

 

Adopt A Pet

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Tangerine is a 3-month-old male kitten! His mom Peaches is also available for adoption. Tangerine’s adoption fee is only $60 and includes his neuter, first vaccines & deworming, and microchip. He is one of more than 100 kittens available for adoption at the VHS right now. Contact Vanderburgh Humane at (812) 426-2563 for deta

WILDFIRES

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