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Man Who Replied “So What?” Barred From Unauthorized Practice

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Olivia Covington for www.theindianalawyer.com

A Lake County man who is not licensed to practice law in Indiana but who performed legal work for a friend in a family law matter has been permanently enjoined from continuing his unauthorized legal work.

The Indiana Supreme Court unanimously imposed the permanent injunction against Al Taylor on Thursday after the Indiana Supreme Court Disciplinary Commission filed a petition for an injunction in January. According to the Thursday order, Taylor drafted, filed and served documents on behalf of Deanna Vanston in a family law dispute with Mark Vanston. Online court records for the trial court case, Deanna Vanston v. Mark Vanston, 45A04-1702-DR-00228 — an offshoot of the 2007 case In Re: The Marriage of Deanna M. Vanston and Mark H. Vanston, 45D03-0709-DR-000920 — list Deanna as a pro se litigant.

In addition to the case in Lake Superior Court, Taylor also drafted, filed and served documents on Deanna’s behalf at the Court of Appeals in Deanna Vanston v. Mark Vanston, 45A04-1702-DR-00228, which was dismissed in September 2017 for defects in the appellant’s brief. Taylor also sent Deanna a letter in which he provided legal advice and filed an affidavit in the appellate court stating he had “been hired by Ms. Vanston to do research, mail and file various pleadings, documents, letters, etc. as needed and requested.”

Aside from his unauthorized practice of law, the justices also identified shortcomings in Taylor’s return filed in response to the commission’s petition. The return was not verified, nor did it specifically deny or admit the allegations against him.

“But it appears Taylor denies drafting the documents in question — he admits (by stating ‘so what’) only that he filed and served at least some of them,” the court wrote in the order signed by Chief Justice Loretta Rush. “He says the Verified Petition’s wording ‘twist(s) the truth’ about the affidavit he submitted to the Court of Appeals, but he does not deny submitting it. And he says he ‘does not recall’ the letter that allegedly gave Vanston legal advice.”

Taylor also noted in his return that he was not paid, but instead was helping a friend “based upon one’s own life experiences and ups and downs” in a matter that did not require attorney supervision. He also submitted an affidavit from Vanston, who said Taylor helped her complete research and deliver documents, but did not give legal advice.

Though the court did not give weight to Taylor’s unverified return, it did give weight to Vanston’s testimony that Taylor did not provide legal advice.

“But it is clear from the record — because Taylor himself declared it under oath to the Court of Appeals, and Vanston likewise declares it here — that Taylor performed legal research on Vanston’s behalf without an attorney’s supervision,” the court said. “Under these circumstances, legal research is practicing law.”

“… Since Taylor acknowledges one form of unauthorized practice, we need not determine from this limited record to extent to which he also authored the documents he filed and served for Vanston — even though that, too, would constitute unauthorized practice,” the court continued.

In imposing the permanent injunction, the justices noted that Taylor is not precluded from seeking employment at a law firm or with a lawyer as a non-lawyer assistant. However, he must do so in a way that does not violate the I

IS IT TRUE JUNE 11, 2018

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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 at tonight Evansville City Council meeting they will be voting on the infamous “Noise Ordinance”?  …we are told if this  City ordinance passes, it will financially hurt future outdoor entertainment events and discourage investors in the music/bar businesses from locating here?  …we predict that the “Noise Ordinance” vote will be close?   …we are told that whoever votes for this ordinance in its current form, it will come back to haunt them in next years City Council election?  …we predict that a last-minute amendment will be added to this ordinance? …we expect that an amendment to this ordinance will be presented by the 4th Ward City Councilwomen Connie Robinson? …if approved this amendment will make this ordinance acceptable to the majority of City Council members for passage?

IS IT TRUE that last week the Vanderburgh County Commissioners voted on an ordinance that changed the way the Vanderburgh County Council conducts their annual County Budget process? … that County Commissioner Cheryl Musgrave led the charge to craft this ordinance in a way that allows the County Commissioners to take control of certain parts of the County budget?

IS IT TRUE that Commissioner Bruce Ungethiem voted with Commissioner Musgrave to approve this ordinance?  ..Commissioner Ben Shoulders voted NO on this ordinance?  …Mr. Shoulders stated that this budget issue could have been worked out through “better communication and dialogue with County Council”?

IS IT TRUE we predict that the Vanderburgh County Commissioner race between Mike Duckworth and Jeff Hatfield will be a real doozy to watch?  …we’ve been told that Mayor Winnecke and the first lady of Evansville will be hosting a big-ticket fundraising event for County Commission candidate Mike Duckworth? …we’ve been told that the Mayor and his wife have promised to raise Mr. Duckworth $30,000 or more at this event?

IS IT TRUE we are told that Vanderburgh County Commission candidate Jeff Hatfield has a  big fundraiser planned for the end of the month at KC’S Marina Point on the riverfront sponsored by a list of impressive local political movers and shakers?  …we are hearing that Jeff Hatfield finance report for June 12. 2018 will reveal that he has raised well over $70,000 so far since he announced his candidacy for the County Commission early last month?

IS IT TRUE that the race for Vanderburgh County Prosecutor between incumbent Nick Hermann and former prosecutor Stan Levco is already heating up?  …we are told that this race is also going to be really exciting to watch?  …we are finding this race extremely hard to predict because some Republican office holders are not united behind Hermann and certain Democrat office holders are not united behind Levco?

IS IT TRUE we are told that the electorate is getting tired of everytime they turned the TV on, read the local paper, look on Facebook they see Mayor Winnecke’s self-promoting himself? …people are just getting plainly tired of hearing and seeing the Mayor self-promotion ever hour, day, week and monthly? …we remember many years back that another Mayor of a major city lost her re-election bid for a third term because the electorate got sick and tired of her self-promotion?  …her name was Jane Burne the former Mayor of Chicago?

IS IT TRUE isn’t there an election law that states that announced candidates for elected office are not allowed to do free public service announcements on social and mainstream media outlets?

Todays “Readers Poll” question is: DO you feel that announced candidates for public office should be allowed to do public service commercials?

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.

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

Demonstrators Show Up Outside GOP Convention In Evansville

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Demonstrators Show Up Outside GOP Convention In Evansville

Republicans were not alone at the Ford Center in downtown Evansville.

The group Indivisible Evansville organized a protest outside the arena. Protestors were demanding what they call, “Common sense gun laws.” They say the protest was in response to the school shooting earlier this year in Florida.

City Council Meeting June 11, 2018

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City Council Meeting JUNE 11, 2018 at 5:30 P.M.

AGENDA

 

I. INTRODUCTION

AGENDA Attachment:

II. APPROVAL OF MEETING MEMORANDA

MEMO Attachment:

III. REPORTS AND COMMUNICATIONS
IV. SPECIAL ORDERS OF THE DAY
V. CONSENT AGENDA:  FIRST READING OF ORDINANCES AND RESOLUTIONS
A. ORDINANCE G-2018-17 An Ordinance to Vacate Certain Public Ways or Public Places within the City of Evansville, Indiana, Commonly Known as a Portion of the Alleyway Lying Between SE Second Street and Parrett Street and Between Madison Avenue and Monroe Avenue Sponsor(s): Robinson Discussion Led By: Public Works Chair Mosby 6/25/2018
G-2018-17 Attachment:
B. ORDINANCE F-2018-10 An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 6/25/2018
F-2018-10 Attachment:
C. RESOLUTION C-2018-12 A Resolution of the Common Council of the City of Evansville Ratifying the 2018 Annual Action Plan, and Amending the 2011 Neighborhood Revitalization Strategic Area (NRSA) Plan, Located in the Evansville Arts Redevelopment Area and in Census Tracts: 11, 12, 13, and 17, and the Approval of New NRSA Located in the Jacobsville Neighborhood, and in Census Tracts: 19, 20, 21, and 25 Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 6/25/2018
C-2018-12 Attachment:
D. ORDINANCE R-2018-18 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1901 S. Weinbach Avenue Petitioner: Terry Wall Owner: Terry Wall Requested Change: CO2 to C1 Ward: 2 Mosby Representative: Terry Wall
R-2018-18 Attachment:
VI. COMMITTEE REPORTS
VII. REGULAR AGENDA:  SECOND READING OF ORDINANCES AND RESOLUTIONS
A. ORDINANCE G-2018-11 An Ordinance Creating Chapter 9.30 (Regulation of Noise) of the Evansville Municipal Code Sponsor(s): Adams, Robinson Discussion Led By: ASD Chair Adams 6/11/2018
G-2018-11 Attachment:
B. ORDINANCE G-2018-16 An Ordinance Granting a Certificate of Convenience and Necessity for the Operation of Black Car Vehicles for the Year 2018 – Peach Street LLC Sponsor(s): Adams Discussion Led By: ASD Chair Adams 6/11/2018
G-2018-16 Attachment:
C. ORDINANCE F-2018-09 AMENDED An Ordinance of the Common Council of the City of Evansville Authorizing Repeals and Re-Appropriations within the Department of Metropolitan Development Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 6/11/2018

F-2018-09 AMENDED Attachment:

VIII. RESOLUTION DOCKET
IX. MISCELLANEOUS BUSINESS
A. THE NEXT MEETING of the Common Council will be Monday, June 25, 2018 at 5:30 p.m.
B. BOARDS AND COMMISSIONS
C. ADDITIONAL MISCELLANEOUS BUSINESS
X. COMMITTEE REPORTS
XI. ADJOURNMENT

At Indiana GOP Convention: Sense of Urgency Felt Amid Marriage Controversy

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At Indiana GOP Convention: Sense of Urgency Felt Amid Marriage Controversy

A lot of the talk coming into the Indiana State GOP Convention revolved around an age-old institution: marriage. In the 2018 Indian GOP party platform, a passage on strong families was slightly altered to remove the phrase that defines marriage as something between a man and a woman. The thought to change it was to be more inclusive of ever-changing Hoosier families. That’s what Mike Simpson, Porter County Republican Chairman, argued during his one minute to defend the switch during the GOP Convention held in Evansville. Simpson said now more than ever, with the opioid crisis and an ever-changing world, strong families aren’t always built by traditional families. His point was heard but was not echoed during the voice vote by the delegates on whether to adopt the 2018 version or stick with the 2016 version.

The voice vote was certainly the loudest portion of the convention: hundreds of delegates yelling “AYE” for the version of the platform they wanted to see. Hoosiers have a way of open dialogue and that’s what was felt in the week prior. But in the most stripped down form of dialogue, Hoosier Republicans voted to keep the line “marriage between one man & one woman” intact. The tagline for the weekend was Indiana Republicans are the party of purpose, and they purposefully chose to stick with their laurels.

When asked about the decision, the state representative from Chandler, Ron Bacon, explained it easily.

“I listened to my Republican constituents and they said to keep it as it is.”

A marriage made the headlines but if you ask anyone who was at the convention; Mike Braun was the talk of the town. From RNC Chairperson Ronna McDaniel to Governor Eric Holcomb, to a letter from President Donald Trump everyone at the Ford Center wanted to see Mike Braun replace current U.S. Senator Joe Donnelly. In true Donald Trump rally fashion, the convention crowd chanted “send Joe [Donnelly] home!” intermittently. It was this sense of urgency that reverberated around the Ford Center more than the voice vote. Dozens of folks all trying to energize a party of people to flip a blue seat.

With energy pumping from McDaniel and Governor Holcomb, Mike Braun took the stage. In comparison to the two before him, Braun spoke softly, but he was quick to point out the big stick he carries with him. Years of businesses acumen including a degree from Harvard Business is what the potential U.S. Senator focused on. He pointed out the business he helped build is no more than an hour from Evansville, and all the steps that he took to build it. Braun was cool and calculated in his approach, hitting on Donnelly for sending jobs to Mexico and working with Pelosi and Schumer.

Indiana GOP Chairman Kyle Hupfer spoke about the need for diversity in the party. He looked at a broad strokes version of Indiana and the republicans that reside within the Hoosier State. From a more urban setting to the rural folks just getting WiFi, Hupfer said it was important to get all demographics involved.

Convention business beyond platform talk was very straightforward. Each of the three statewide office nominees was running unopposed. Connie Lawson is looking for her second term as Secretary of State. She focused on buffing Indiana’s elections as a reason to vote her in again.

Kelly Mitchell is the nominee for state treasurer. She hit on a major point, lowering college costs for young Hoosiers.

Of the three ladies running, Tera Klutz is the most unique. She was appointed to the role of Indiana State Auditor after the woman in the role before her, Suzanne Crouch, was elevated to the Lt. Governor position. Running her first campaign Klutz embraced a fun energetic vibe during a pretaped commercial. She spoke of transparency reports with the same vigor sports fans speak of home runs and big slam dunks. Klutz says she’s ready to be the first CPA State Auditor.

Indiana GOP Chairman Hupfer downplayed any talks of the Republican Party being at war with women. He simply pointed to the three qualified women who have run and won state offices.

One GOP official told me he hoped the convention is boring because that means that everything is working as intended. On the flip side, conventions are meant to be a place where the base is energized and that was certainly felt in Evansville. But it was a mix of the boring party business along with the frenetic voting energy on the platform and surrounding Mike Braun that made the convention’s first foray into Evansville one to remember.

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PROFILE OF FORMER VANDERBURGH COUNTY SHERIFF ERIC WILLIAMS

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PROFILE OF FORMER VANDERBURGH COUNTY SHERIFF ERIC WILLIAMS

Former Vanderburgh County Sheriff Eric Williams grew up in the community and attended college at Indiana State University Evansville (ISUE) which would later come to be known as the University of Southern Indiana (USI). While at USI he served as President of his college fraternity, Sigma Tau Gamma and was also appointed by Indiana Governor Robert Orr to serve as the first student trustee for the newly created University of Southern Indiana. He graduated from the University of Southern Indiana with a Bachelor’s of Science Degree in Business.

As a young boy, Vanderburgh County Sheriff Eric Williams was always fascinated by police and detective shows and was always curious anytime he heard sirens. Though this stayed with him throughout adolescence and into young adulthood, he always assumed that he would graduate and work in his family’s business. It was not until his college years that the idea of becoming a law enforcement officer became a very real possibility in his eyes.

During Williams’ time at the University of Southern Indiana, he chose to rush Sigma Tau Gamma fraternity. It was during his years living in the fraternity house that he came to be very good friends with a young sheriff’s deputy, a past Sig Tau brother himself, who frequently patrolled the area around the Sig Tau fraternity house. This friendship opened the doors to many other friendships in local law enforcement and it was not long before Williams was volunteering at the Sheriff’s Office to see just how much he would enjoy the atmosphere.

Williams thoroughly enjoyed his volunteer time at the Sheriff’s Office and when the opportunity came for him to become a guard in the jail, he jumped at the opportunity. It was during this time that Williams buckled down and committed himself to passing the test required for anyone wishing to become a deputy. This also included having a radial keratotomy to correct his vision to meet the vision requirements of the Indiana Law Enforcement Academy. He continued working the 3rd shift as a jailer until he was finally offered a job as a deputy in 1989.

Sheriff Williams gives much of the credit for his career in law enforcement to the young deputy that encouraged him to dip his feet into the water. That young deputy and fraternity brother of William’s was Brad Ellsworth. Ellsworth and Williams have developed a strong friendship through their years of public service. Upon the completion of Sheriff Ray Hamner’s administration, Ellsworth was strongly encouraged by many of the other deputies to take a run at the sheriff’s office himself. He chose to do so and was rewarded with Sheriff’s title and the ensuing responsibilities.

Upon Ellsworth’s election to the Sheriff’s position, it came time for him to appoint a chief deputy to serve directly under himself. Ellsworth’s selection for the position, now Lieutenant Eric Williams. “Brad Ellsworth is large to credit for my career-path,” Williams said. “The knowledge I gained while serving as Ellsworth’s chief deputy gave me the knowledge and desire to run for the sheriff position once his administration came to a close.”

After months of campaigning, Williams rose the victor and newly elected Sheriff, as Ellsworth moved on to serve as the elected U.S. Congressman for Indianan’s 8th district. Williams considers himself extremely blessed to serve Vanderburgh County as the Sheriff, “I am honored that the people of Vanderburgh County trust me to keep them and their families safe at home, at work and where they play.

Former Sheriff Williams’s also said “that he has many things to be proud of from his many years of dedicated service to the community. His proudest accolades, however, involve the development of his deputies throughout his administration. He is proud of both the deputies hired by himself as well as those that came before his administration”.

When he retired as Sheriff in 2014 he took a position with Old National Bank as the Senior Vice President, Director of Security; Old National Bank, Evansville IN.

Mr. Williams serves or has served on the boards of many local organizations, including being a member and Past President of the Board of Directors for Youth Resources of Southwestern Indiana, board member for the Red Cross, board member and Past President of Leadership Evansville, board member for Albion Fellows Bacon Center, board member for Marian Education Outreach, board member for the University of Southern Indiana Foundation, former board member for the Southern Indiana Higher Education Foundation and many others.  Eric Williams and his wife Jude are members of St. James Catholic Church. He and his wife Jude have three children and two grandchildren.

The fact remains that Vanderburgh County was well represented by Eric Williams as the former Sheriff of Vanderburgh County for eight years. The citizens of Vanderburgh County owes him a big thanks for a job well done.

 

 

 

 

 

 

 

Triple Crown Hero Justify’s Mom Made Last Start At Ellis Park

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Triple Crown Hero Justify’s Mom Made the Last Start At Ellis Park
Trained by Helen Pitts-Blasi, Stage Magic ran 3rd in 2011 Gardenia; ‘It means the world to be able to say I was a part of her, a part of it’ Ellis Park has a tie to Triple Crown winner Justify through his mom, Stage Magic.
Owned by Justify breeder John Gunther and trained by Louisville-based Helen Pitts-Blasi, Stage Magic made her final start in the 2011 Gardenia Stakes. She finished third in the Grade 3 race won by eventual two-time female sprint champion Groupie Doll, for whom Ellis’ signature race is now named. Stage Magic was ridden in the Gardenia by Corey Lanerie, who last summer earned his fourth Ellis Park riding title. She retired with a record of three wins, two seconds and three thirds in 12 starts, earning $133,981 while placing in four stakes.
“It means the world to be able to say I was a part of her, a part of it. I was talking to Bob when he was here at Churchill Downs, and he was asking me about her,” Pitts-Blasi said Sunday by phone, referring to Bob Baffert, who won his second Triple Crown in three years with Justify following American Pharoah. “I said, ‘He looks like a lot like her. She was big, but she wasn’t stout like him. But just to be able to say I trained his mama is neat, it means a lot.
“She was neat to be around, but she wanted to train. She was not easy to gallop. Just very straightforward but was all about the game. Just a hard-knocker, just a notch below your really, really good fillies, your Groupie Dolls and stuff, but always right there. Very nice mare.”
Pitts-Blasi said she started following Justify after he won his first race by 9 1/2 lengths at Santa Anita on Feb. 18, seeing his pedigree after the performance earned “TDN Rising Star” status by the Thoroughbred Daily News. “I said, ‘Oh my gosh, that’s Stage Magic’s baby.’ He looks just like her, chestnut with a big white face.”
Also from Justify’s female family are Lily O’ Gold and Shah Jehan. Their dam, Voodoo Lily, is the great-grandmother of Justify, who on Saturday became American horse racing’s 13th horse to sweep the Kentucky Derby, Preakness and Belmont Stakes with his front-running 1 3/4-length victory over Gronkowski at Belmont Park.
Lily O’ Gold, trained by Ellis Park regular Vickie Foley for owners Kenneth English and Alan Braun of Evansville, won her racing debut at Ellis Park in 1997 and finish third in the Ellis Park Debutante in her next start.
The D. Wayne Lukas-trained Shah Jehan was second in the 2003 Don Bernhardt by a neck and sixth in the Governor’s Handicap.
“There are a lot of good horses that come out of Ellis Park,” Pitts-Blasi said.
It apparently is good to have bred Ellis Park-raced mares to the now-deceased Scat Daddy. In addition to producing Justify, that cross resulted in Mendelssohn, last year’s Grade 1 Breeders’ Cup Juvenile Turf winner and winner of the 2018 UAE Derby by 18 lengths before finishing last in the Kentucky Derby. The $1.9 million-earner is out of Leslie’s Lady, who ran three times in Ellis Park turf allowance races, with a second and two fourths for the late owner James T. Hines Jr. of Owensboro and trainer Bob Holthus. Leslie’s Lady also is the dam of four-time champion Beholder and Into Mischief, a multiple Grade 1 winner, and top stallion
Likewise putting on a big show Saturday in New York was Monomoy Girl, who trained at Ellis Park all last summer for Brad Cox, the track’s 2015 training champion who missed the title by one win last year while capturing three of Ellis’ six stakes. Monomoy Girl continued to stamp herself as America’s leading 3-year-old filly, making Belmont Park’s Acorn Stakes her third straight Grade 1 victory on top of the Kentucky Oaks and Keeneland’s Ashland.
After spending the summer preparing for her racing career at Ellis, Monomoy Girl made her first start at Indiana Grand on Sept. 5, the day after Ellis’ meet ended.
“A lot of our good 2-year-olds were there last year, and will be again this year,” Cox said of Ellis Park. “It’s a great track surface.”

The Annual Women Veterans Conference at UE on June 16, 2018

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Guest speaker Stacy Pearsall will discuss overcoming sexual harassment, marginalization, and gender bias to become the first female to twice win the National Press Photographers Association Military Photographer of the Year.

She is a US Air Force veteran, one of the most decorated combat photographer of our time, and founder of Veterans Portrait Project (VPP).

G 7 COMMON GROUND

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Daily Scriptures for the Week of June 11, 2018

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MONDAY
“Whoever has will be given more, and they will have an abundance. Whoever does not have, even what they have will be taken from them.”
Matthew 13:12 NIV

TUESDAY
“This is why I speak to them in parables: “Though seeing, they do not see; though hearing, they do not hear or understand.”
Matthew 13:13 NIV

WEDNESDAY
“In them is fulfilled the prophecy of Isaiah: “ ‘You will be ever hearing but never understanding; you will be ever seeing but never perceiving.”
Matthew 13:14 NIV

THURSDAY
“For this people’s heart has become calloused; they hardly hear with their ears, and they have closed their eyes. Otherwise they might see with their eyes, hear with their ears, understand with their hearts and turn, and I would heal them.’” Matthew 13:15 NIV

FRIDAY
“But blessed are your eyes because they see, and your ears because they hear.” Matthew 13:16 NIV

SATURDAY
“For truly I tell you, many prophets and righteous people longed to see what you see but did not see it, and to hear what you hear but did not hear it.”
Matthew 13:17 NIV

SUNDAY
“Listen then to what the parable of the sower means: When anyone hears the message about the kingdom and does not understand it, the evil one comes and snatches away what was sown in their heart. This is the seed sown along the path.”
Matthew 13:18-19 NIV

Submitted to the City-County Observer by Karen Seltzer