READERS FORUM FOR JUNE 30, 2018
We hope that today’s “Readers Forumâ€Â 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 Evansville Water and Sewer Board should advance money to the city to so they can pay past due bills?
Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS†and “LOCAL SPORTSâ€.  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.
JEFF HATFIELD & CORE CONTRACTORS NOMINATED FOR SECRETARY OF DEFENSE FREEDOM AWARD
Jeff Hatfield and Core Contractors were nominated for the United States Secretary of Defense Employer Support Freedom Award. In a ceremony held on June 29, 2018, Jeff Hatfield and Core Contractors were recognized with honors for their exemplary support of National Guard and Reserve Member Employees.
Jeff and Jerri Hatfield have owned their own businesses since 1984 and have owned and operated Core Contractors, Inc. since 1999. As business owners, this nomination recognizes their commitment and support for members of the military.
ESGR’s awards program culminates with the Secretary of Defense Employer Support Freedom Award, the highest recognition given by the U.S. Government to employers for their outstanding support of employees serving in the Guard and Reserve. Each year, Guard and Reserve employees, or a family member acting on their behalf, have the opportunity to nominate their employer for the Employer
Support Freedom Award. The ESGR State Committees review nominations and submit recommendations to advance to the next round in each of the three categories: small employer, large employer, and public sector. A national selection board comprised of senior Department of Defense officials, business leaders, and prior awardees select up to 15 employers to receive the Secretary’s prestigious award.
Since the Freedom Award was instituted in 1996, 220 employers have been honored at annual ceremonies in Washington, DC. The ceremony is currently held at the Pentagon, with the awards being presented by either the Secretary of Defense or Deputy Secretary of Defense. As part of the annual recognition, the President also signs a proclamation for “National Employer Support of the Guard and Reserve Week,” highlighting the sacrifices of our Guard and Reserve members and their families, and the outstanding support they receive from employers.
2019 CITY OF EVANSVILLE AND JOINT DEPARTMENT BUDGET TIMELINE
MEMORANDUM
To: Mayor Winnecke,  Common Council, and Department Heads
From: Russell Lloyd, Jr., City Controller                   Â
2019 CITY OF EVANSVILLE BUDGET TIMELINE
MAY 1, 2018-DLGF PRE-BUDGET ESTIMATES WORKSHEET DUE (GATEWAY)
MAY 14–JULY 13, 2018-DEPARTMENT HEADS MEET WITH THE MAYOR AND CONTROLLER
JULY 16, 2018-DLGF PROVIDES MAXIMUM LEVY ESTIMATE FOR 2019
JULY 31, 2018-DLGF PROVIDES ESTIMATE OF CIRCUIT BREAKER CREDITS
August 10, 2018-BUDGET FORM 3 ADVERTISEMENT (GATEWAY & CITY WEBSITE)
AUGUST 14, 2018-2019 BUDGET WORKSHOP WITH DLGF REP (9:00 AM)
August 22, 2018-JOINT DEPARTMENT BUDGET HEARING (WED-3:30 PM)
AUGUST 27–30, 2018-CITY BUDGET HEARINGS (MON, TUES, THURS – 3:30 PM &  WED – 5:00 PM)
September 10, 2018-SALARY ORDINANCE 1ST READING (CITY COUNCIL)
SEPTEMBER 24, 2018 -SALARY ORDINANCE 2ND READING (CITY COUNCIL)
OCTOBER 8, 2018-2019 BUDGET – FINAL ADOPTION (CITY COUNCIL)
November 1, 2018-STATE DEADLINE FOR BUDGET ADOPTION
NOVEMBER 5, 2018-(OR 2 DAYS AFTER ADOPTION) DEADLINE TO SUBMIT 2019 ADOPTED BUDGET TO DLGF IN GATEWAY
Asmussen Armada Lands At Ellis Park With 45 horses, More To Come
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JUNE BIRTHDAYS
SUNNI ZIEMMER
PHILLIPÂ DAVIS
DONNA ROBINSON
CHARLES D EUBANKS
CORY BANKS
JORDAN BAER
JESSE DANIEL
CAROL CHRISTINE BARTLEY
KELLY GATES
DEBORAH RHODES
BRENDA HUGHES
JAMIE FUCH
DEBORAH WINTNER
CARO CHRISTINE
KELLY GATES
DONNA ROBINSON
CHARLES D. EUBANK
JORDAN BAER
CODY RAY
PHILLIPÂ DAVIS
SUNNI ZIMMER
RANDALL FORSTER
CAATE SISCO
AULDEN NANCE
MODESTO CALDERA
C LARRY RHODES
BRENDA HUGHES
STEVEN PIRNAT
ASHLEY HAMMER
JIMMY LEFLER
ROY N BAYNE
BECKY GISH
DR. SHOLAR
SUSAN BEACON
JOHN MILLER
KALAH GEORGETTE-VOWELS
LIBBY TREADO
MATT RIORDAN
JOHN FRANKS
TODD MORGAN
A HOUSE DIVIDED By Jim Redwine
GAVEL GAMUTÂ By Jim Redwine
A HOUSE DIVIDED
Most of us know of and many can even recite President Abraham Lincoln’s Gettysburg Address delivered during the Civil War on November 19, 1863. And most of us know of and probably sometimes paraphrase his House Divided speech delivered when he was a candidate for United States Senator in Illinois (June 16, 1858). Lincoln lost to Stephan Douglas whom Lincoln later beat for the presidency in 1860.
The topic might be a little heavy for a short weekly newspaper column but with our country’s birthday this week and the country in a perpetual state of mutual invective, I humbly submit it is worth our attention.
In an attempt to pare down the extremely complex and emotionally charged issues of our country’s Negro slavery, the Civil War, our current status in re civil rights and the cacophony of our public discourse, I will just refer to a few items: (1) The United States Constitution, (2) the Missouri Compromise, (3) the Kansas-Nebraska Act and, (4) the Dred Scott case as decided in 1857 by the U.S. Supreme Court. If you are still with me, I caution it gets worse.
Originally slavery was recognized as a States Rights issue, i.e., if a state wanted slavery and wanted to be part of the Union that was okay. But as a device to apportion the number of a state’s congressmen, the Constitution declared Negroes in each state would be counted as 3/5 of a person for census purposes. However, African Americans were not made citizens until the Civil War via the Thirteenth, Fourteenth and Fifteenth Amendments. Of course, Indians were not included, and women of any race could not vote until 1920 via the 19th Amendment to the Constitution.
Because of the great divide between free and slave states, the Missouri Compromise of 1820 was enacted, although many argued it was unconstitutional. The Missouri Compromise allowed for the admission of Missouri as a slave state and Maine as a free state and prohibited slavery north of a certain parallel (36∞30’) but allowed it below that border.
This worked alright until heightened tensions arose between slave and free states so Senator Stephan Douglas in 1854 got the Kansas-Nebraska Act passed, which allowed for the admission of the states of Kansas and Nebraska to the union with the provision of slavery by a popular majority vote of each state’s citizens. Of course, this was not within the spirit or the substance of the Missouri Compromise.
Then in 1857, the United States Supreme Court decided the Dred Scott case. Scott was a slave whose owner had taken Scott with the owner to live in a free state then returned with him to Missouri. Scott sued for his freedom claiming that once he was in a free state he was then after always free.
Precedent as old as a decision from colonial times in 1772, the Somerset case, was clearly with Scott and most legal authorities, including the lawyer Abraham Lincoln, expected the Supreme Court to declare Scott free. How wrong he and many others were.
Chief Justice Roger Taney a former slave owner and a fierce opponent of the Missouri Compromise, ignored established precedent and used Dred Scott’s case to declare no Negro could ever be a citizen of the United States and that the Missouri Compromise was unconstitutional. Taney’s overreaching and poorly reasoned opinion led directly to the Civil War four years later.
According to the historian Paul Finkelman who wrote the book Dred Scott v. Sandford, A Brief History with Documents:
“By the 1850s Taney was a seething, angry, uncompromising supporter of the South and slavery and an implacable foe of racial equality, the Republican Party, and the anti-slavery movement.â€
See p. 29
Taney declared that Blacks:
“[A]are not included and were not intended to be included, under the word ‘citizens’ in the Constitution… [T]hey were at that time (1787) considered as a subordinate and inferior class of beings….â€
ibid p. 35
Stephan Douglas held the position the question of slavery should be a matter of state option. Abraham Lincoln, on the other hand, foresaw that a nation half-slave and half-free, that is a nation divided against itself, could not survive. We are still working that out after 242 years. Happy Birthday!
For more Gavel Gamut articles go to www.jamesmredwine.com
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AG Curtis Hill Participates In 12 Healthcare Fraud Investigations
Attorney General Curtis Hill today announced that his office has participated in a major nationwide enforcement action against doctors, nurses and other licensed medical professionals for alleged participation in health care fraud schemes. The Office of the Attorney General’s Medicaid Fraud Control Unit (MFCU) played a key role in 12 criminal investigations that uncovered more than $200,000 in alleged Medicaid fraud, leading to charges against 14 individuals.
These investigations are part of a nationwide initiative led by the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS). According to these federal agencies, this national effort is the largest ever health care fraud enforcement action.
The Indiana Attorney General’s MFCU investigated licensed healthcare professionals and medical offices where suspected illegal activity occurred. Federal agencies involved in one or more of the investigations include the DEA, DOJ, FBI and the Department of Health and Human Services-Office of Inspector General (HHS-OIG).
“Medicaid fraud leaves in its wake many victims,†Attorney General Hill said. “Any licensed providers who commit this offense are taking advantage of those for whom they are supposed to provide care, including the disabled and less fortunate who rely on Medicaid. In addition, they are also fleecing taxpayers whose hard-earned money is used to fund these programs. The investigators and lawyers in our Medicaid Fraud Control Unit are doing good work to help bring lawbreakers to justice. At the same time, we respect the due process to which all are entitled, and all those who stand accused of crimes are certainly presumed innocent until a court finds otherwise.â€
Indiana prosecutors involved in the cases include Delaware County Prosecutor Jeffrey Arnold, Dubois County Prosecutor Anthony Quinn, Floyd County Prosecutor Keith Henderson, Hendricks County Prosecutor Patricia Baldwin, Jefferson County Prosecutor David R. Sutter, Jennings County Prosecutor Brian J. Belding, Johnson County Prosecutor Brad Cooper, Lake County Prosecutor Bernard A. Carter, Lawrence County Prosecutor Michelle Woodard, Marion County Prosecutor Terry Curry and Warrick County Prosecutor Michael Perry.
“Collaboration is critical for effective enforcement, and we are always glad to partner with other law enforcement agencies,†said Jefferson County Prosecutor David R. Sutter.
Matthew Whitmire, director of the Office of the Attorney General’s Medicaid Fraud Control Unit, will be available for interviews from 1 p.m. to 3 p.m. today. Please contact Deputy Communications Director Bill McCleery at bill.mccleery@atg.in.gov if you wish to make arrangements to interview Whitmire during this time.
Following are summations of cases in which Indiana’s MFCU investigators participated. In each case, the fact that a person has been charged with a crime is merely an accusation, and these persons are presumed innocent until and unless proven guilty.
- In Winamac, Indiana, two individuals involved with the operation of Transport Loving Care (also known as Alliance EMS) allegedly submitted false claims to Medicare and Medicaid. Michael Wilson and Jaqueline “Jay†Podell allegedly claimed they provided transportation of recipients to dialysis by ambulance service when in fact the recipients were ambulatory, did not require ambulance transportation and were not eligible for ambulance transportation. The indictment claims the loss to Indiana Medicaid is in excess of $10,000. Charges include conspiracy to commit health care fraud (Medicare); health care fraud (Medicare); and Medicaid health care fraud.
- In Gary, Indiana, two individuals involved in the operation of Lending a Helping Hand Transportation — Felicia Blount and Charlotte Hunter — allegedly billed Indiana Medicaid for services not rendered, inflating mileage for trips from Northwest Indiana to Indianapolis. The total fraud to the Indiana Medicaid program is in excess of $100,000. The two are charged with health care fraud.
- In Indianapolis, Aaron Amos allegedly billed the Indiana Medicaid Program for youth mentoring services he did not actually perform. The Marion County Prosecutor’s Office has charged Amos with the felonies forgery, Medicaid fraud and theft.
- In Lake and Jefferson counties, Melinda Dawn Lambdin-Cochran allegedly used forged documentation to hold and seek employment as a licensed clinical social worker. She was employed in such a role by Dockside Services Inc. in Lake County before resigning that position and applying to fill the same role for Centerstone in Jefferson County, again allegedly using forged documentation. According to Indiana Professional Licensing Agency records, Lambdin-Cochran has never held a license to work as a clinical social worker. She faces felony charges in both counties of forgery and identity deception.
- In Jennings County, Catherine Feaster allegedly forged timesheets and related documents with the name of her husband, as if he performed that work. He husband was actually incarcerated in the Jennings County Jail at the time the work was alleged to have been performed. Catherine Feaster faces felony charges of Medicaid fraud and forgery.
- In Floyd County, Licensed Practical Nurse Rena Baumia allegedly clocked in and out of the Green Valley Care Center in New Albany to create a record that she worked hours she did not actually work. Her actions allegedly caused fraudulent claims to be made to the Indiana Medicaid program. She faces charges of theft and deception.
- In Hendricks County, Licensed Practical Nurse Charolette Moody (aka Charolette Martin) allegedly forged timesheet documents for hours she did not work, which caused false claims to be submitted to the Indiana Medicaid Program. This activity allegedly occurred while she was employed by Maxim Healthcare Services. Moody also allegedly neglected a dependent minor whom she was being paid to provide care. Moody faces felony charges of forgery, neglect of a dependent and Medicaid fraud.
- In Dubois County, Registered Nurse Jilaine Patricia Wirts allegedly stole the legend drug Gabapentin while employed by Memorial Hospital and Healthcare of Jasper. She faces charges of unlawful possession or use of a legend drug and theft.
- In Johnson County, Registered Nurse Alicia Wenzel allegedly stole drugs from Johnson Memorial Hospital’s electronic dispensing machine, including hydromorphone, Ativan and morphine. She then allegedly made false records involving those controlled substances. Wenzel faces multiple felony charges of acquiring a controlled substance by fraud or deceit, possession of a narcotic drug and forgery.
- In Lawrence and Warrick counties, Registered Nurse Brooke Hudson allegedly committed multiple offenses. While employed by IU Health Bedford Hospital in Lawrence County, Hudson, RN allegedly: stole controlled substances that included hydromorphone, hydrocodone, oxycodone and lorazepam; obtained a legend drug by fraud or deceit; failed to keep required controlled substance dispensing records; made false statements in or omitted material information from controlled substance dispensing records; and obtained controlled substances by fraud and without authorization. While later employed by Deaconess Gateway Hospital in Newburgh in Warrick County, Hudson allegedly failed to keep required controlled substance dispensing records; made false statements in or omitted material information from controlled substance dispensing records; and obtained controlled substances by fraud and without authorization (including hydromorphone, hydromorphine, and fentanyl). She faces charges of theft and offenses relating to registration.
- In Delaware County, Registered Nurse Rose Mary Johnson — while employed by IU Health/Ball Memorial Hospital — allegedly failed to keep required controlled substance dispensing records; made false statements in or omitted material information from controlled substance dispensing records; and obtained controlled substances by fraud and without authorization (including hydromorphone, hydrocodone and oxycodone). Johnson faces felony charges of offenses relating to registration.
- In Marion County, Dentist Kevin Welch allegedly changed and/or removed records after he became aware that authorities were investigating his billings to the Indiana Medicaid Program. He faces charges of obstruction of justice, a felony.
Discipline file: Knox County judge tossed friend’s case
Knox Superior Court 2 Judge Ryan D. Johanningsmeier faces judicial discipline proceedings after he reinstated a close friend’s suspended driver’s license and allegedly suggested a deputy prosecutor dismiss the case.
Disciplinary charges were filed against Johanningsmeier by the Indiana Supreme Court on Friday after he was charged with three counts of misconduct related to a case where he did not recuse even though he was partial to the defendant.
In 2015, B.K., a close friend of Johanningsmeier, was charged with speeding in Bicknell City Court, resulting in the suspension of his driver’s license.
Johanningsmeier allegedly reinstated B.K.’s driver license later that month when B.K. petitioned for a trial de novo in Knox Superior Court 2. Without giving the prosecutor an opportunity to respond, Johanningsmeier issued an order granting his friend’s petition and reinstated the license without disclosing their relationship or notifying the prosecutor of the conflict. This came just two weeks after the friends vacationed together out-of-state, according to the Commission on Judicial Qualifications.
In doing so, Johanningsmeier failed to comply with Trial De Novo Rule 2(E), which required him to promptly file an order directing the prosecutor to refile the original infraction complaint.
The matter did not receive a hearing until the Commission issued a notice of inquiry in September 2015, requesting Johanningmeier submit a written response addressing ethical concerns about the situation. It privately cautioned him for violating judicial conduct by “by failing to disqualify himself from a proceeding in which the judge’s impartiality might reasonably be questioned.â€
However, the commission did not view the situation required immediate action, further noting Johanningmeier had not disclosed the conflict of interest on the record nor made reasonable efforts to transfer the matter to another judge as soon as possible.
The case remained in limbo until March 2017 when the Knox County prosecutor filed a motion for bench trial. Prior to trial, Johanningmeier posted photos on Facebook that showed he and B.K. had celebrated the holidays together while the case continued to languish.
During trial, Johanningsmeier said to a deputy prosecutor, “There is a case. It was a traffic ticket appealed from Bicknell. And it’s a friend of mine. So, um, I was hoping we could just get the State to dismiss it.†The prosecutor replied, “I’ll just move to dismiss,†after which the judge said, “We’ll just show that we grant the State’s Motion to Dismiss.â€
The Commission then charged Johanningsmeier for failing to disqualify himself from the matter and continuing to preside over the case after the Commission privately cautioned him against it, stating he violated Rules 1.1 and 1.2 of the Code of Judicial Conduct. The rules, respectively, require judges to respect and comply with the law and avoid impropriety; and act in a manner that promotes public confidence in the integrity of the judiciary. He also violated Rule 2.2 and 11, which require a judge to perform all duties of judicial office fairly and impartially and to disqualify himself in any proceeding in which the judge’s impartiality might reasonably be questioned.
It also alleges Johanningsmeier violated rules 1.2, 1.3, 2.2 and 2.4(B) when he made suggestive statements to the deputy prosecutor, abusing the prestige of judicial office to advance the personal interests of B.K. and allowing an external relationship to influence the judge’s conduct or judgment.
The seven-member commission charges Johanningsmeier also violated Rule 1.2 in regard to the photos he posted on public social media.
The notice of institution of formal proceedings and statement of charges issued Friday requests the court appoint a panel of three masters to conduct a hearing on the alleged misconduct and impose appropriate sanctions. Johanningsmeier has 20 days to file an answer to the charges.
The Supreme Court has final authority to determine what, if any, judicial misconduct occurred. The Court can dismiss the charges, accept or reject a disciplinary agreement between the Commission and Judge Johanningsmeier, appoint a panel of judges to conduct a public hearing, impose a fine, or impose sanctions ranging from a reprimand to a suspension to a permanent ban on holding judicial office in Indiana.