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EVANSVILLE POLICE MERIT COMMISSION MEETING AGENDA

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EVANSVILLE POLICE MERIT COMMISSION

MEETING AGENDA

Monday, June 25, 2018

4:00 p.m.  Room 307, Civic Center Complex

  1. EXECUTIVE SESSION
  1. An executive session and a closed hearing will be held prior to the open session.
  1. The executive session and hearing are closed as provided by:
  1. I.C. 5-14-1.5-6.1(b)(5): To receive information about and interview prospective employees.
  2. I.C. 5-14-1.5-6.1(b)(6)(A): With respect to any individual over whom the governing body has jurisdiction to receive information concerning the individual’s alleged misconduct.
  3. I.C. 5-14-1.5-6.1(b)(9): To discuss a job performance evaluation of individual employees.  This subdivision does not apply to a discussion of the salary, compensation, or benefits of employees during a budget process.
  1. OPEN SESSION:
  1. CALL TO ORDER
  1. ACKNOWLEDGE GUESTS
  1. APPROVAL OF MINUTES 
    1. June 11, 2018  (Cook, Scott, and Hamilton) 
  1. APPROVAL OF CLAIMS
  1. PROBATIONARY OFFICER UPDATE
    1. Final probationary interviews for Officers Ryan Eagleson, Benjamin Hallmark, Nathan Cooper, Cody Smith, Nicholas Hackworth, Jason Martin, Jesse Montank, Quinton Keil, and Dylan Barnes.
    2. Sgt. Steve Kleeman reports on the four officers in the field-training program.
  1. PERFORMANCE EVALUATION APPEAL:
    1. Officer Jarid Harris – appeal of 2017 performance evaluation received from Sgt. Kevin Day.
  1. RESIGNATIONS:
    1. Officer Mark Galey, Badge Number 1440, resigned effective June 20, 2018 after serving 11 months and 9 days.
  1. DISCIPLINARY MATTERS
    1. 18-PO-21 – Officer Lavarus Giles, Badge Number 1423 – 1 day suspension.  No appeal filed.
  1. REMINDERS:  The next meeting is July 9, 2018 at 4:00pm in Room 307.  

 

  1. ADJOURNMENT

Indiana abortion laws challenged by national abortion advocates

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Katie Stancombe for www.theindianalawyer.com

Indiana’s abortion laws are once again being challenged in federal court, this time by national healthcare and abortion providers.

Whole Woman’s Health Alliance and All-Options Pregnancy Resource Center filed suit on Thursday as co-plaintiffs in a case against the state, challenging the constitutionality of Indiana abortion laws. Both organizations argue the laws block access to safe and legal abortion in the state for Hoosier women, though they did not specify which laws they are challenging.

Texas-based Whole Women’s Health Alliance previously took steps to open a non-surgical abortion clinic in South Bend in January, but was denied by the Indiana State Department of Health, according to the Associated Press.

“In Texas, Virginia, and now in Indiana, we have joined forces with our allies to fight for women’s access to quality abortion care without a maze of obstacles,” Whole Woman’s Health President Amy Hagstrom Miller said in a Thursday statement. “The Whole Woman’s Health Supreme Court victory was game-changing – affirming that abortion laws must be based on medical evidence. We’re using this new standard to challenge dozens or restrictions, some dating back decades, that are based on ideology, not health or science.”

Whole Woman’s Health’s Indiana lawsuit comes two years after the landmark 2016 U.S. Supreme Court case Whole Woman’s Health v. Hellerstedt, in which the Supreme Court struck down several provisions of Texas’ anti-abortion law.

“The ruling found that politicians cannot simply claim that an abortion restriction’s benefits outweigh the harm, instead a court must consider medical science and evidence to determine if abortion restrictions have benefits that outweigh the burdens they place on women,” Whole Woman’s Health said in a Thursday news release.

Indiana Attorney General Hill’s office, which will represent the state, said it “will review this lawsuit as we prepare to defend Indiana’s laws respecting fetal life and protecting women’s health and safety.”

Thursday’s lawsuit comes as a ruling on a preliminary injunction is expected any day from the Indiana Southern District Court. The American Civil Liberties Union of Indiana, on behalf of Planned Parenthood of Kentucky and Indiana, urged Judge Richard Youngto enjoin Senate Enrolled Act 340, which is scheduled to take effect July 1. That law would require abortion providers to report “all abortion complications” and creates new inspection requirements for abortion clinics that are not imposed on other medical facilities.

Board of School Trustees of the Evansville Vanderburgh School Corporation Meeting

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The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, June 25, 2018, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).

Students to Receive Free Bicycles at Ivy Tech’s 13th Annual Public Safety Academy

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Many middle school and elementary school students in the Ivy Tech Community College Public Safety Academy will receive a new bicycle, helmet, and bicycle lock on Wednesday, June 27, at 2 p.m. in Vectren Auditorium at Ivy Tech Community College Evansville Campus. The bicycles will be awarded to students who demonstrate good attendance, good behavior, and a good attitude while participating in the Public Safety Academy, and other summer activities in the community.

The Academy is a partnership with the Evansville Vanderburgh School Corporation’s 21st Century Community Learning Centers, the City of Evansville Department of Parks & Recreation, the YMCA of Southwestern Indiana, and the Boys & Girls Club of Evansville.

In addition to the standard bikes, two adaptive bicycles that are specifically designed for children who are physically unable to ride a standard bicycle, will be given away. “We look forward to this event every year and are grateful for the leadership of Ivy Tech Dean Chris Kiefer, and others at Ivy Tech, who have consistently raised funds and collected bicycles for these students, as a reward for positive behavior,” said Chancellor Jonathan Weinzapfel.

Bicycles will be presented to the students by donors, representatives from public safety agencies, EVSC, local dignitaries, and community leaders. Students will also be treated to an afternoon of fun, including activities, snacks, a tour of Ivy Tech, and a video on bicycle safety. The event is funded by generous donations from individuals and businesses across the Tri-State.

The Evansville Bicycle Club and Gerling Law will assist with the event and will help adjust the bike seats and helmets to ensure a proper fit.

 

Fatal Hit And Run

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The Vanderburgh County Coroners Office and the Vanderburgh County Sheriffs Office are investigating a fatality involving a pedestrian on I69 near Green River Rd. The victim has been identified as David Egan, age 23, of Evansville.

The involved vehicle left the scene after striking the victim.  This occurred between 10-11 pm last night. Anyone with information is asked to contact the Vanderburgh County Sheriffs Office.

VANDERBURGH COUNTY FELONY CHARGES

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

Kippy D. Metzger: Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony), Neglect of a dependent (Level 6 Felony)

Brittany Lynn Metzger: Neglect of a dependent (Level 6 Felony), Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony),Neglect of a dependent (Level 6 Felony), Neglect of a dependent (Level 6 Felony), Interference with custody (Class C misdemeanor), Interference with custody (Class C misdemeanor)

Heather Michelle Scott: Unlawful possession of syringe (Level 6 Felony), Possession of marijuana (Class A misdemeanor)

James L. Sheppard: Possession of methamphetamine (Level 6 Felony), Intimidation (Level 6 Felony), Intimidation (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)

George N. Springer: Residential entry (Level 6 Felony)

Kelley Jo Brand: Conspiracy Dealing in methamphetamine (Level 3 Felony), Neglect of a dependent (Level 6 Felony), Neglect of a dependent (Level 6 Felony), Possession of a controlled substance (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony)

Jason Edward Stuard: Dealing in methamphetamine (Level 2 Felony), Dealing in methamphetamine (Level 2 Felony), Dealing in methamphetamine (Level 3 Felony), Conspiracy Dealing in methamphetamine (Level 3 Felony), Unlawful possession of a firearm by a serious violent felon (Level 4 Felony), Possession of methamphetamine (Level 4 Felony), Possession of methamphetamine (Level 4 Felony), Possession of methamphetamine (Level 5 Felony), Possession of a controlled substance (Level 6 Felony)

Tequila Kay Zachary: Possession of a synthetic drug or synthetic drug lookalike substance (Level 6 Felony)

Xairus Vadol Hardin: Dealing in marijuana (Level 6 Felony)

Aaron Lee Lester: Strangulation (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Battery (Class B misdemeanor)

Ronald Earl Smith: Operating a vehicle as an habitual traffic violator (Level 6 Felony)

Russell Elliot Mooney: Intimidation (Level 6 Felony), Possession of a synthetic drug or synthetic drug lookalike substance (Class A misdemeanor), Driving while suspended (Class A infraction)

Matthew John Ryan: Auto theft (Level 6 Felony), Driving while suspended (Class A misdemeanor), Possession of marijuana (Class B misdemeanor)

Kelvin Ray Rush: Battery resulting in moderate bodily injury (Level 6 Felony), Criminal recklessness (Level 6 Felony), Criminal mischief (Class B misdemeanor)

Jeffrey Scott Latham: Intimidation (Level 6 Felony), Public intoxication (Class B misdemeanor)

Randy Everett Mart Jr. : Resisting law enforcement (Level 6 Felony), Attempt Escape (Level 5 Felony), Resisting law enforcement (Class A misdemeanor)

Leroy Lee Anderson: Strangulation (Level 6 Felony), Battery (Class B misdemeanor)

Mariah Jean Burlison: Unlawful possession of syringe (Level 6 Felony), Resisting law enforcement (Class A misdemeanor)

Clinton Hollon: Unlawful possession of syringe (Level 6 Felony)

Gregory Anthony Runau: Child molesting (Level 1 Felony), Child molesting (Level 4 Felony), Sexual misconduct with a minor (Level 6 Felony), False informing (Class B misdemeanor)

Robert S. Williams: Theft (Level 6 Felony), Possession of a narcotic drug (Level 6 Felony), Possession of a narcotic drug (Level 6 Felony), Criminal mischief (Class B misdemeanor)

Krista Nicole Brune: Neglect of a dependent (Level 6 Felony), Domestic battery (Level 6 Felony), Public intoxication (Class B misdemeanor), Disorderly conduct (Class B misdemeanor)

Takaivaira Marshai Bovan: Auto theft (Level 6 Felony), Theft (Class A misdemeanor), False informing (Class B misdemeanor), Operating a motor vehicle without even receiving a license (Class C misdemeanor)

Dashar Lavell Cabell: Attempt Escape (Level 5 Felony), Domestic battery (Level 6 Felony), Domestic battery (Class A misdemeanor), Resisting law enforcement (Class A misdemeanor)

Randy Everett Mart Jr.: Resisting law enforcement (Level 6 Felony), Attempt Escape (Level 5 Felony), Resisting law enforcement (Class A misdemeanor)

Kevin Kaczmarski Called Up To Majors

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Kaczmarski joins the New York Mets

Former University of Evansville centerfielder Kevin Kaczmarski has officially been called up to the majors and will join the New York Mets this evening.

Kaczmarski played at the University of Evansville from 2012 through 2015 and joins the Mets after playing 24 games at the AAA level for the Las Vegas 51s.  He batted .363 in his time at AAA in 2018, recording 29 hits in 80 at-bats.  Kaczmarski posted eight RBI and 7 walks.  In 2017, he was a .274 hitter in 128 games with the Mets AA club in Binghamton – the Rumble Ponies.

“I am so proud of Kevin getting the call up to the Mets,” UE head baseball coach Wes Carroll said.  He is a great example for young players that hard work pays off.  He represents everything we are all about as a Purple Aces!”

In his time at UE, Kaczmarski made a lasting mark on the program.  As a junior in 2014, he batted .315 with 50 RBI as the Aces won the regular season Missouri Valley Conference title.  He returned for his senior season and led the NCAA with a .465 batting average.

 

Pedestrian Killed on I-69 by Hit and Run

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Pedestrian Killed on I-69 by Hit and Run

On Friday, June 22, at 10:49 pm, the Vanderburgh County Sheriff’s Office responded to Interstate 69 near the S. Green River Road exit. 911 callers reported seeing a man with black pants and no shirt in the southbound lanes waving his arms at passing motorists.

At 10:50 pm, a call to 911 Central Dispatch advised that the man was now lying in the roadway. Deputies arrived shortly after and observed a severely injured male. Deputies began CPR until relieved by an ambulance crew. The victim was transported by ambulance to a local hospital where he succumbed to his injuries.

Southbound Interstate 69 was closed at Green River Road for approximately one hour while the scene was processed by Sheriff’s Office detectives. The Vanderburgh County Coroner’s Office will release the name of the victim.

The death is being investigated as a hit and run fatality.

 

SCOTUS Puts Internet Sales Tax in Play

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SCOTUS PUTS INTERNET SALES TAX IN PLAY

Bloomberg Businessweek just did a feature piece about the demise of Toys R US that, complete with an illustration of a crying Geoffrey the Giraffe, really tugs at your heartstrings. It’s a clever take that puts the blame squarely on private equity investors and executives who, the magazine claims, kept the company alive for a decade or more by “living on borrowed money.”

While that’s true in part, there’s much more to the story. Almost nowhere in its exposition of the company’s failure does it examine the underlying problem: government policies that favor clicks over bricks by granting tax and regulatory preference to e-tailers over what’s come to be known as main street retail.

Up to now, sales tax must be collected on an item purchased via the Internet when the seller has a physical presence in the state in which the buyer resides. The technical term for that is nexus and it meant, according to what the United States Supreme Court found in the case of Quill v. North Dakota, that a state could not mandate the collection of sales tax on goods sold to purchasers living out of state where no nexus existed.

To many, this differentiation became one of the loopholes creating essentially preferential tax treatment for Internet retailers at the expense of local stores like Toys R US, which once dotted the American landscape. It was the toy store of choice for many parents until it became apparent the same items you could by in the store could be bought cheaper on the Internet and delivered to your house already gift wrapped.

On Thursday, the court reversed itself. In a 5-4 decision the justices now found state concerns about revenue loss should take precedence over concerns about a physical nexus. Writing for the majority, Justice Anthony Kennedy opined, “Each year the physical presence rule becomes further removed from economic reality and results in significant revenue losses to the States. These critiques underscore that the physical presence rule, both as first formulated and as applied today, is an incorrect interpretation of the Commerce Clause.”

The sweet deal that cut into the ability of stores like Toys R US to survive is now at an end. Some will mourn the end of what they thought was smart shopping that took advantage of a loophole to lawful and legally reduces the amount of taxes paid. What it really was though was tax evasion. Most states have on the books a requirement people who purchase things from another state and have it shipped to them voluntarily remit the sales tax they would have paid if they’d made the purchase at the local mall.

Admittedly it’s easier to understand the old system in practice than it is to explain it on paper, but it had a major effect on American shopping habits. It helped e-tail grow at the expense of local retailers. Congress tried and failed to address that bias, leaving government to pick the winners and determine the losers.

If Toys R Us is going to be held up as a cautionary tale, let’s be sure to look at the big picture. It’s easy, even fashionable to blame private equity, casting investors as modern-day, rapacious, Gordon Geckos buying up companies just to strip them of their assets, make a quick buck, and leave wrack and ruin in their wake. That may be the way it plays out in Hollywood but it’s not close to the truth. The people who owned and ran Toys R US lost $1.3 billion getting it wrong in part because they couldn’t overcome the growing power of e-tail built on government preference.

It won’t take much to level the playing field and ensure everyone is playing by the rules. The Supreme court has put the ball in motion. Now it’s up to Congress and the states to make new policies that are fair to everyone. Main Street brick and mortar can successfully compete with click-based e-commerce if the rules are fair and that way everybody, especially the American consumer wins.

EDITORS FOOTNOTE: This is an updated version of a column sent earlier this week, changed to reflect the Supreme Court’s decision.

Peter Roff is a Washington commentator who appears regularly on One America News. He is a former senior political writer for United Press International and contributing editor at U.S. News and World Report.Â