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Republican Leadership Owes Us An Explanation
by Gail Riecken, CCO Statehouse Editor
Gov.Eric Holcomb just released the date and tentative agenda for the upcoming Special Session.
There are five bills on the May 14th agenda, according to TheStatehouseFiles. There are four bills that the legislature did not pass before the Mach 14th deadline, bills that the Governor and Majority wanted passed, and a technical corrections bill.
One bill is a school safety bill with an appropriations/advance of monies; another empowers the state to eliminate the school board of a school-in-stress and replace it with state appointed manager; another, a takeover of a Muncie school by Ball State and a multimillion dollar loan from the state to the school; another waves state taxes for software delivered over the internet; and, finally, another aligns the state’s tax code for changes in the IRS code.
Seems like a lot was left on the table during regular session. So, I have a question. If these were so important, why didn’t they pass?
And, if these are timely and need to be passed this year, why cannot these bills be written to include a retroactive clause to some previous date and then passed at the legislature’s Organization Day, already scheduled for November? There would not be any extra expenses and the work would be done this year.
The Governor has the right to call a Special Session.  The Indiana Constitution, Article 4 Section 9 states “In the Opinion of the Governor, the public welfare shall require it, he may, at any time by proclamation, call a special session.  Special Sessions should be held for the public welfare when it is required.â€
But, there are compromises that should be addressed.
First, there is an official legislative process in the Indiana Constitution that ensures a bill is properly vetted. That process will be aborted in Special Session now that the Governor has called for bills to be passed in one day.
Indiana Constitution Article 4-Section 18 states “Every Bill shall be read, by title, on three several days in each house unless in case of emergency, 2/3rds of the house where such bills be pending shall by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of a bill, by title, on its final passage shall, in no case, be dispensed with; and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays and it must be expedited.â€
To initiate any vote on bills during a special session that lasts less than 3 days, it is required that 2/3rds of the total House membership, that is Sixty-Seven people (67) must vote to suspend this rule. With 70 members of the House and 41 members of the Senate the majority party can do this without any debate or discussion.
Second, included in the official legislative process is the extremely important opportunity for the public to comment. However, Republican leadership does not feel there is time for the public to comment in order to get everything done in a day.
Moreover, any advocacy efforts are going to be difficult.  If you want to talk with your legislator about one of the bills, there is little time for you and me to even review the bills. The official text of the bills won’t be posted publicly until April 30, just two weeks before they are voted.
Leadership owes us an explanation of their position. They are granted the option of a Special Session by law through the Governor. But, that doesn’t mean an explanation of the compromises isn’t owed us.
They should tell us why a Special Session is necessary now. And, they should explain why the bills cannot be scheduled on Organization Day and passed with a retroactive clause.
Staff Report
The StatehouseFile.com
INDIANAPOLIS —The deadlines to vote in-person or through an absentee ballot are quickly approaching.
Primary Election Day is May 8 and polls will be open 6 a.m. to 6 p.m. For those who cannot vote in-person that day, they can still vote early in-person or with an absentee ballot, but the last day to request one is April 30.
Secretary of State Connie Lawson said voting is a right many have fought for and asked voters not to take their right for granted.
“Waiting until the last moment increases the chance that your request will not be received in time. An absentee application only takes a few minutes to complete, so set aside that time today,†Lawson said in a statement.
To send an absentee ballot by mail, voters must request an application from the county clerk’s office by 11:59 p.m. on April 30. Applications can be submitted in person, by fax, email or mail.
Early voting in-person is on-going, and can be cast by going to the county clerk’s office. Some counties, however, have additional early voting sites. The last day to vote early in-person at a clerk’s office is noon on May 7.
FOOTNOTE: TheStatehousefile.com is a news website powered by Franklin College journalism students.
Clairna Deshommes and Richanel Francois, Evansville, daughter, Shamique Lairna, April 12
Anna and Seth Rickert, Olney, IL, son, Aaron David, April 13
Anna and Seth Rickert, Olney, IL, son, Jack Maleri, April 13
Erin and Evan Mand, Newburgh, daughter, Olive Isabella, April 13
Kelsea Rogers and Jerry Boyd, Evansville, son, Matthias Vincent, April 13
Abigail Fenwick and Brandon Holbrook, Evansville, daughter, Sophia Danielle Rose, April 14
Andria Reed and Natasha Goodge, Evansville, son, Julian Eco, April 14
Haley and Jacob Taylor, Tennyson, IN, son, Maverick Ryan, April 14
Jamie and Grant Gribbins, Evansville, son, Grayson James, April 14
Shawna and Jeremy Loehrlein, Evansville, son, Conner Ryan, April 14
Connor Thompson and Seth Freels, Henderson, KY, daughter, Evelynn Quinn, April 16
Keri and Stephen Montgomery, Evansville, daughter, Lexi Rose, April 16
Kimberly Barnett and Damion Boren, Evansville, son, William Skylar, April 16
Rebecca Romero and Aleczander Stewart, Evansville, daughter, Harmony Jane, April 16
Tadisa and Billy Winders, Morganfield, KY, son, Brycen James, April 16
Amy and Matt Miller, Evansville, son, Benedict William, April 17
Elaine and Adryan Cooper, Owensville, IN, son, Deklyn Gabriel, April 17
Kaycie and Tyler Huffman, Evansville, daughter, Norah Lee, April 17
Lezlie Hart, Evansville, daughter, Braylea Nichole, April 17
Jill and Aaron Royer, Evansville, son, Colton James, April 18
Mary Jacobson and Chad Galloway, Evansville, son, Greyson Lee, April 18
Michelle and Jordan Hamblin, Evansville, son, Carter Bryant, April 18
The University of Evansville has announced a new Institute for Public Health, which will facilitate partnerships that provide hands-on experiences to students while addressing community needs in the area of public health. Â
The mission of the institute is to “cultivate multidisciplinary partnerships among faculty, students, and community members in ways that support the planning and development of evidence-based programs and sound policy.â€
“The community is where we work,†said William McConnell, PhD, JD, MPH, director of the Institute for Public Health at UE. “The institute will provide UE students and faculty a platform to come together with the community to solve real public health issues.â€Â
The institute’s first major project has been leading and collaborating with 11 hospital systems around the state of Indiana to conduct a 39-county Community Health Needs Assessment. Projects like this not only connect the University with communities and leaders in health but also provide a range of opportunities for student and faculty collaboration and research.Â
In addition to serving area needs, McConnell says this is a great opportunity for collaboration across the university and community.Â
“The Institute for Public Health will be genuinely interdisciplinary, involving students and faculty members from across the institution,†McConnell said. “It is an area that intersects with many of our disciplines – sociology, political science, management, marketing, data science, civil engineering, ethics and social change, and all of our health fields, just to name a few.â€
“The services offered by the Institute for Public Health are a great addition to the already remarkable collaborative efforts happening at the downtown health science center,†said UE president Tom Kazee. “UE’s physician assistant and physical therapy programs will be located at the downtown facility, offering numerous opportunities for the institute’s involvement in interprofessional education and collaboration.â€Â
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Over 300,000 individuals expected to take a Stand Against Racism
All are welcome to join the YWCA in taking a Stand Against Racism on April 25, 2018 on the campus of University of Evansville. Stand Against Racism unites communities in a bold demonstration that delivers a clear message: we are on a mission to eliminate racism.
“Racism is not always as overt as segregated public buses or water fountains, but instead it is the misunderstanding and intolerance of cultural differences,†says YWCA of Evansville CEO, Erika Taylor.“This intolerance of diversity is not just institutional. It is also driven by individual beliefs which can occur within each culture. Now is the time to resolve inequality and evolve as an open-minded society.â€
Stand Against Racism is a signature campaign of YWCA USA to build community among those who work for racial justice and to raise awareness about the negative impact of institutional racism and structural racism in our communities. This campaign is part of YWCA’s larger national strategy to fulfill its mission of eliminating racism. The YWCA of Evansville has sponsored local Stand Against Racism events since 2011. The University of Evansville now joins the YWCA as a community partner for the second year.
This week, Stand Against Racism events are anticipated in nearly every state across the country including public policy advocacy, community education, and public proclamations. Over 300,000 people are expected to participate nationwide. Here in Evansville, the YWCA will partner with the University of Evansville to present a full day of events.
The lineup of events begins at 11:15 a.m. at the University of Evansville Ridgway University Center with a special proclamation by Mayor Lloyd Winnecke and remarks from YWCA and University of Evansville officials and students before attendees take the Stand Against Racism Pledge. Other activities include a panel discussion on racism and higher education, open mic expressions on themes of racial justice and equality, a display of passive protest posters, and information table.
The day will culminate with a keynote address by Robert Jackson at 6:00 p.m. in Eykamp Hall, Room 251, Ridgway University Center. This event is free and open to the public. Mr. Jackson’s topic will be “Respectand Compassion for All.â€
Jackson is the author of The No More Excuses Curriculum, featuring the books, Black Men Stand Up!, The Workbook: A Boys Guide to Manhood, The Workbook: A Girls Guide to Womanhood, Solutions to Educating Black and Latino Males and Put a Stop to Bullying. He is a nationally renowned speaker, educator, consultant, and owner of Lavelle Publishing and Robert Jackson Consulting.
He earned his Bachelor of Science degree in Industrial Technology from Western Kentucky University where he lettered four years in football and track. After being cut from the NFL Minnesota Vikings, Jackson began teaching. Wanting to make a bigger impact on education, he began conducting professional development workshops and keynotes nationally for educators, parents and students. He is committed to serving his community as mentor and leader, especially on issues facing African American and Latino students.
He is an active Life Member of Kappa Alpha Psi Fraternity, Inc., 100 Black Men and Bachelor Benedict Club and a member of the NFL Players Association (NFLPA).
He has received numerous awards for his work, including the Bridge Building Award from Collaborate to Save our Sons for his leadership and mentorship toward youth and adults nationally, The Do Something Positive, Be Something Positive Award for his leadership in the community, Civil Rights Justice by Action Youth Award from National Organization of Black Law Enforcement for his tireless work with students nationally.
Stand Against Racism Schedule of Events:
11:15 a.m.
12:00 p.m.
2:00 p.m. – 5:00 p.m. 3:00 p.m.
4:00 p.m. 6:00 p.m.
Proclamation by Mayor Lloyd Winnecke; Remarks from YWCA and University of Evansville officials and students; attendees take the Stand Against Racism pledge. (Ridgway University Center – Lobby Area)
Anti-Bias Training Session (registration has closed)
Community Information Tables with prizes and giveaways (Outside Ridgway Center)
Open Mic Forum: All are welcome to express themes of race, racism, social justice and cultural diversity through spoken word, poetry, monologues, song, and dance. Passive protest poster display. (Outside Ridgway Center)
Panel Discussion: Racism and Higher Education (Outside Ridgway Center)
Keynote Speaker: Robert Jackson (Ridgway University Center, Eykamp Hall, Rm. 251)
The YWCA is dedicated to eliminating racism, empowering women and promoting peace, justice, freedom and dignity for all. The YWCA has been serving the Evansville area since 1911 and from its inception has provided housing and services for women and girls. The Evansville YWCA is part of an international movement serving over 2 million in the United States and 25 million worldwide.
Robert Jackson will be the keynote speaker for the second annual Take a Stand Against Racism with the YWCA at the University of Evansville. Jackson’s topic will be “Respect and Compassion for All.†The event is Wednesday, April 25 from 6:00-7:00 p.m. in Eykamp Hall, Room 251, Ridgway University Center. This is free and open to the public.
Jackson is the author of The No More Excuses Curriculum, featuring the books, Black Men Stand Up!, The Workbook: A Boys Guide to Manhood, The Workbook: A Girls Guide to Womanhood, Solutions to Educating Black and Latino Males and Put a Stop to Bullying. He is a nationally renowned speaker, educator, consultant, and owner of Lavelle Publishing and Robert Jackson Consulting.
He earned his Bachelor of Science degree in Industrial Technology from Western Kentucky University where he lettered four years in football and track. After being cut from the NFL Minnesota Vikings, Jackson began teaching. Wanting to make a bigger impact on education, he began conducting professional development workshops and keynotes nationally for educators, parents and students. He is committed to serving his community as mentor and leader, especially on issues facing African American and Latino students.
He is an active Life Member of Kappa Alpha Psi Fraternity, Inc., 100 Black Men and Bachelor Benedict Club and a member of the NFL Players Association (NFLPA).
He has received numerous awards for his work, including the Bridge Building Award from Collaborate to Save our Sons for his leadership and mentorship toward youth and adults nationally, The Do Something Positive, Be Something Positive Award for his leadership in the community, Civil Rights Justice by Action Youth Award from National Organization of Black Law Enforcement for his tireless work with students nationally.Â
Other activities planned include:Â
11:15 a.m.: Stand Against Racism Pledge
Dave Stafford for www.theindanalawyer.com
A Ripley County man whose drunken-driving counts were discharged by a trial court after he moved for dismissal under the speedy trial rule may be haled back into court on those charges after the state successfully appealed.
The Indiana Court of Appeals on Tuesday reversed dismissal of the charges in State of Indiana v. Daniel L. Myers, 69A01-1708-CR-1805. Daniel Myers was charged with three counts of operating while intoxicated on Dec. 3, 2015. After numerous delays — some of which were attributable to Myers — the Ripley Superior Court at a pretrial hearing on May 26, 2017, set a trial date, without objection, of Nov. 14, 2017.
At the pretrial hearing, the court asked the state and defense if there were any issues under Indiana Trial Rule 4(C), which generally requires a trial date be set within one year of the filing of charges. Neither Myers’ defense nor the state said there were any such issues.
But last June, Myers’ defense said it learned that the one-year period had expired, meaning Myers was entitled to dismissal of the charges under Trial Rule 4(C). The trial court agreed and dismissed the case, prompting the state’s appeal.
“Here, it is undisputed that Myers did not object during the one-year period†as required, Chief Judge Nancy Vaidik wrote for the panel. “The State had 20 days remaining in the one-year period when the pretrial conference was held on May 26. At that conference, the trial court asked either party if there was any Rule 4(C) issue, but neither party expressed any concern.â€
“Trial was then set for November 2017. Myers did not object,†Vaidik continued. “Once the trial court asked about any Rule 4(C) issue, Myers was made aware that an issue may exist. Myers, however, did not calculate the Rule 4(C) deadline until June 22 — 7 days after the one-year period expired — and then moved for discharge.â€
Myers cited Havvard v. State, 703 N.E.2d 1118, 1121 (Ind. Ct. App. 1999), which held, “When a defendant learns within the period provided by the rule that the case is set for trial at a time beyond the date permitted, the defendant must object to such a trial setting at the earliest opportunity.â€
“(W)e are not convinced that the use of the word ‘learns’ in Havvard was meant as an invitation for a defendant to calculate the Rule 4(C) deadline at his convenience, as Myers contends,†Vaidik wrote. “This would eliminate the defendant’s burden to object during the one-year period to a trial date that is set beyond the deadline. Ideally, Myers’s attorney would have been tracking the Rule 4(C) deadline since the beginning of the case and would have objected as soon as the court mentioned a November 2017 trial date. At the very least, Myers’s attorney should have calculated the deadline reasonably soon after the pretrial conference — at which the trial court specifically inquired about Rule 4(C) — and objected with time still remaining in the one-year period.â€
“Instead, Myers waited nearly thirty days to do the calculation and alert the court that the trial was set for a date beyond the one-year period,†Vaidik continued. “Because Myers failed to object to the November 2017 trial date before the one-year period expired, he acquiesced to the trial date and waived any claim to discharge under Rule 4(C).
“ … Of course, this does not mean that the State is now free to try Myers whenever it pleases. As of May 26, the State had 20 days left on its one-year period under Rule 4(C),†Vaidik wrote. “Therefore, within 7 days of this opinion being certified, the trial court shall hold a hearing and, if Myers demands it, set a trial within 20 days of the hearing. If court congestion prevents the court from setting a date within that timeframe, the court should make an explicit finding to that effect and set the trial for the next available date.â€